Motion-Secondary: Hello Living Developer Nostrand Llc, Hello Nostrand Llc v. 1580 Nostrand Mezz Llc, Madison Realty Capital Lp

• 
• 
• 
• 

						
                                
Preview
                                FILED:         ROCKLAND           COUNTY        CLERK        09/20/2021             04:46        PM                 INDEX    NO.   034885/2021
   NYSCEF     DOC.   NO.   28                                                                                 RECEIVED      NYSCEF:     09/20/2021




                SUPREME COURT OF THE STATE OF NEW YORK
                COUNTY OF ROCKLAND
                ------------------------------------------------------------------x        Index No.: 034885/2021
                HELLO LIVING DEVELOPER NOSTRAND LLC and
                HELLO NOSTRAND LLC,
                                                                                           AFFIRMATION OF JEROLD C.
                                                                                           FEUERSTEIN, ESQ. IN
                                                             Plaintiffs,                   SUPPORT OF DEFENDANTS’
                                                                                           OPPOSITION TO PLAINTIFFS’
                                  -against-                                                ORDER TO SHOW CAUSE

                1580 NOSTRAND MEZZ, LLC,
                MADISON REALTY CAPITAL, L.P.,

                                                             Defendants.
                ------------------------------------------------------------------x

                  STATE OF NEW YORK                   )
                                                      )ss:
                  COUNTY OF NEW YORK                  )

                           JEROLD C. FEUERSTEIN, ESQ., the undersigned, an attorney duly licensed to practice

                  law before the Courts of the State of New York, does hereby affirm under penalty of perjury:

                           1.       I  am   a  partner   with   the   law   firm  of   Kriss   &   Feuerstein    LLP,    counsel   for

                  defendants    1580    Nostrand    Mezz,    LLC    (“Mezz     Lender”)     and   Madison     Realty   Capital,   L.P,

                  (“MRC”, and together with the Mezz Lender, collectively, the “Defendants”), and as such I am

                  fully familiar with the facts of this case and the proceedings heretofore had herein.

                           2.       I respectfully    submit    this affirmation    in  support    of  Defendants’     opposition    to

                  plaintiffs’ order to show cause for a preliminary injunction (“OSC”).

                           3.       Attached as Exhibit “A” is a true and correct copy of the public record from the

                  Department     of  State,  Division   of  Corporations     showing    that  Mezz   Lender    is a  foreign   limited

                  liability company      authorized   to  do  business   in the  state  of New    York   and   has  been  authorized

                  since August 23, 2021, and Mezz Lender’s application to the State of New York, Department of




                                                                        1  of   2
   FILED:         ROCKLAND           COUNTY        CLERK        09/20/2021             04:46        PM                 INDEX    NO.   034885/2021
   NYSCEF     DOC.   NO.   28                                                                                 RECEIVED      NYSCEF:     09/20/2021


                  State to do business in the state of New York.

                           4.       Attached    as Exhibit    “B”   is a  true and   correct  copy   of  Justice  Livote’s   decision

                  dated   October    1, 2019   in  Flushing    Landmark     Realty   Mezz   LLC    v. Landmark      Portfolio   Mezz,

                  LLC,    Index   No.   708487/2019,      Supreme     Court    of  the  State   of  New    York,    Queens    County

                  (NYSCEF Dkt. No. 37).

                           WHEREFORE, on behalf of Defendants,                  I respectfully request that the Court deny the

                  OSC, and grant Defendants such other and further relief as the Court deems just and proper.

                  Dated: New York, New York
                           September 20, 2021
                                                                                 ___/s/ Jerold C. Feuerstein_____________
                                                                                          JEROLD C. FEUERSTEIN




                                                                            2


                                                                        2  of   2