On August 17, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Hello Living Developer Nostrand Llc,
Hello Nostrand Llc,
and
1580 Nostrand Mezz Llc,
Madison Realty Capital Lp,
for Commercial - Business Entity
in the District Court of Rockland County.
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FILED: ROCKLAND COUNTY CLERK 11/02/2021 04:55 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 11/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
--------------------------------------------------------------------------x
HELLO LIVING DEVELOPER NOSTRAND LLC and
HELLO NOSTRAND LLC, Index No. 034885/2021
Plaintiffs,
-against- NOTICE OF MOTION
1580 NOSTRAND MEZZ, LLC,
MADISON REALTY CAPITAL, L.P.,
Defendants.
--------------------------------------------------------------------------x
PLEASE TAKE NOTICE, that upon the Affirmation of Jerold C. Feuerstein, Esq. in
Support of Motion to Dismiss, dated November 2, 2021 and the exhibits annexed thereto, the
Memorandum of Law in Support of the Motion to Dismiss Plaintiffs’ Verified Complaint dated
November 2, 2021, and all of the papers and proceedings had and filed heretofore herein, the
defendants, 1580 NOSTRAND MEZZ and MADISON REALTY CAPITAL, L.P. by and
through their attorneys Kriss & Feuerstein LLP, will move this Court before the Honorable Paul
I. Marx, J.S.C., at the Supreme Court of the State of New York, County of Rockland, located at 1
South Main Street, Courtroom 4, New City, New York 10956 on November 23, 2021 at 9:30
a.m., or as soon thereafter as counsel may be heard, for the entry of an Order:
1) dismissing Plaintiff’s Verified Complaint filed in this action on August 17, 2021,
with prejudice pursuant to CPLR 3211(a)(1) and 3211(a)(7); and
2) Granting such other and further relief as to the Court may seem just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §2214(b), answering
affidavits, if any, are required to be served upon the undersigned at least seven (7) days before
the return date of this Motion.
1 of 2
FILED: ROCKLAND COUNTY CLERK 11/02/2021 04:55 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 11/02/2021
Dated: New York, New York
November 2, 2021
KRISS & FEUERSTEIN LLP
Attorneys for Defendants
By: /s/ Jerold C. Feuerstein
Jerold C. Feuerstein, Esq.
360 Lexington Avenue, Suite 1200
New York, New York 10017
(212) 661-2900
TO: All counsel for all appearing parties via NYSCEF only
2
4887-4218-9057, v. 1
2 of 2
Document Filed Date
November 02, 2021
Case Filing Date
August 17, 2021
Category
Commercial - Business Entity
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FILED: ROCKLAND COUNTY CLERK 11/02/2021 04:55 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 11/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND --------------------------------------------------------------------------x HELLO LIVING DEVELOPER NOSTRAND LLC and HELLO NOSTRAND LLC, Index No. 034885/2021 Plaintiffs, -against- NOTICE OF MOTION 1580 NOSTRAND MEZZ, LLC, MADISON REALTY CAPITAL, L.P., Defendants. --------------------------------------------------------------------------x PLEASE TAKE NOTICE, that upon the Affirmation of Jerold C. Feuerstein, Esq. in Support of Motion to Dismiss, dated November 2, 2021 and the exhibits annexed thereto, the Memorandum of Law in Support of the Motion to Dismiss Plaintiffs’ Verified Complaint dated November 2, 2021, and all of the papers and proceedings had and filed heretofore herein, the defendants, 1580 NOSTRAND MEZZ and MADISON REALTY CAPITAL, L.P. by and through their attorneys Kriss & Feuerstein LLP, will move this Court before the Honorable Paul I. Marx, J.S.C., at the Supreme Court of the State of New York, County of Rockland, located at 1 South Main Street, Courtroom 4, New City, New York 10956 on November 23, 2021 at 9:30 a.m., or as soon thereafter as counsel may be heard, for the entry of an Order: 1) dismissing Plaintiff’s Verified Complaint filed in this action on August 17, 2021, with prejudice pursuant to CPLR 3211(a)(1) and 3211(a)(7); and 2) Granting such other and further relief as to the Court may seem just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven (7) days before the return date of this Motion. 1 of 2 FILED: ROCKLAND COUNTY CLERK 11/02/2021 04:55 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 11/02/2021 Dated: New York, New York November 2, 2021 KRISS & FEUERSTEIN LLP Attorneys for Defendants By: /s/ Jerold C. Feuerstein Jerold C. Feuerstein, Esq. 360 Lexington Avenue, Suite 1200 New York, New York 10017 (212) 661-2900 TO: All counsel for all appearing parties via NYSCEF only 2 4887-4218-9057, v. 1 2 of 2