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FILED: ROCKLAND COUNTY CLERK 11/11/2021 04:43 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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HELLO LIVING DEVELOPER NOSTRAND LLC and
HELLO NOSTRAND LLC
Index No. 034885/2021
Plaintiff,
NOTICE OF APPEAL
-against-
1580 NOSTRAND MEZZ, LLC,
MADISON REALTY CAPITAL, L.P.,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE that plaintiffs Hello Living Developer Nostrand, LLC and
Hello Nostrand, LLC, by and through their attorneys Law Offices of Victor A. Worms, hereby
appeal to the Appellate Division of the Supreme Court of the State of New York, Second Judical
Department, the decision and order on motion of the Supreme Court, Rockland County, (Hon.
Paul I. Marx, J.S.C.) dated October 25, 2021 (hereafter the “Decision”), which was entered in the
Clerk’s Office of the Supreme Court of the State of New York, Rockland County on October 25,
2021. The notice of entry was served on October 25, 2021. (A copy of the lower court’s
Decision and the notice of entry is annexed hereto as Exhibit “A” )
Dated: New York, New York
November 11, 2021
Law Offices of Victor A. Worms
Attorneys for Plaintiffs
By:_______________________
Victor A. Worms
48 Wall Street, Suite 1100
New York, New York 10005
(212) 374-9590
To: All Counsel Via ECF
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EXHIBIT “A”
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NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 59
70
58 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/25/2021
11/11/2021
10/25/2021
At the Supreme Court of the State of New
York, held in and for the County of Rockland,
at the Courthouse located at 1 South Main
Street, New City New York, on the 2f
day of October ÖdabsA , 2021.
PRESENT:
HOE. PAUL L MARX, J.S.C.
X
HELLO LIVING DEVELOPER NOSTRAND LLC and
HELLO NOSTRAND LLC, Index No.: 034885/2021
Plaintiffs,
-against-
1580 NOSTRAND MEZZ, LLC,
MADISON REALTY CAPITAL, L.P.,
Defendants.
X
UPON the motion of HELLO LIVING DEVELOPER NOSTRAND LLC ("Mezz
Borrower") and HELLO NOSTRAND LLC ("Hello Nostrand", and together with the Mezz
Borrower, collectively, the Plaintiffs") the Plaintiffs herein, brought on by an Order to Show
Cause, for the entry of an Order: (a) for a temporary restraining order and preliminary injunction
enjoining defendâñts 1580 NOSTRAND MEZZ, LLC ("Mezz Lendg") and MADISON REALTY
CAPITAL, L.P. ("MRC", and together with the Mezz Lender, collectively, the "Defcñdãñts") and
Defendants'
anyone on the behalf, during the peñdêñcy of this action, from holding the an
acting
auction sale of plaintiff Mezz Borrower's 100% mersbership interests in plaintiff Hello Nostrand
(the "Collateral"); (b) granting PlaintifTany further relief that the Court deems just and proper (the
"Motion"); and upon the Court signing the Order to Show Cause on August 24, 2021 ("Signed
4894-3996-7232.v.1
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OSS") temporarily restraining and enjoining the Defendants and anyone acting on their behalf from
conducting the UCC sale of the Collateral scheduled for September 2, 2021 ("Say"); and upon the
Signed OSC conditioning the Stay upon the Plaintiffs posting a bond in the amount of $100,000.00
("Bond") to offset expenses and damages which Defendants may suffer in the event Plaintiffs do not
prevail on the Motion; and all the papers filed herein and after and the Motion having come on
regularly to be heard by this Court on October 18, 2021 ("Hearing"), and after due deliberation
having been held thereon and the Plaintiffs having failed to show (i) a likelihood of success on the
Plaintiffs'
merits; (ii) no irreparable harm due to the claims being all economic claims
compcasable by monetary damages, and therefore not irreparable, itis hereby
NOW, upon Motion of Marcus and Zelman, LLC and the Law Offices of Victor A. Worms,
attorneys for the Plaintiffs, it ishereby
Plaintiffs'
ORDERED, that Motion is denied in itsentirety; and itis further
ORDERED, that the Stay imposed by the Signed OSC with Temporary Restraining Order
was lifted and vacated by the Court at the Hearing on October 18, 2021, and the Mezz Lender may
conduct a UCC sale of the Collateral ("S_al_e");and itis further
ORDERED, that any dispute(s) regarding the sale of the Collateral scheduled for
September 2, 2021, including, but not limited to, publication and commercial reasoñãbleness, are
moot; and itis further
ORDERED, that any future Sale of the Collateral shall be subject to the following
days'
conditions: (i)at least sixty (60) notice of the Sale shall be provided; (ii) publication of the
Sale shall be advertised four (4) times prior to the Sale in the New York Times and in The Real
Deal online website, but if advertised in The Real Deal monthly magazine, only one (1) advertised
Sale is required; (iii) any qualifying bid deposit at a future Sale must be in the amount of
4894-3996-7232,v. 1
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$450,000.00; and (iv) all remaining aspects of the Sale must be in accordance with the terms and
provisions of the Ownership Interests Pledge and Security Agreement by and between the Mezz
Borrower and Mezz Lender, and shall be commercially reasonable in accordance with the Uniform
Commercial Code; and itis further
ORDERED, that this Court shall retain jurisdiction to adjudicate and determine any further
disputes with respect to commercial reasonableness of the Sale; and itis further
ORDERED, that any publication costs and expenses associated with advertising the Sale
shall be drawn down from the Bond posted by the Plaintiffs.
E N T E R:
HON. PAUL I. MARX, J.S.
4894-3996-7232, v.1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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HELLO LIVING DEVELOPER NOSTRAND LLC and
HELLO NOSTRAND LLC, Index No. 034885/2021
NOTICE OF ENTRY
WITH DECISION AND
Plaintiffs, ORDER
-against-
1580 NOSTRAND MEZZ, LLC,
MADISON REALTY CAPITAL, L.P.,
Defendants.
--------------------------------------------------------------------x
SIRS:
PLEASE TAKE NOTICE that the annexed is a true copy of the Decision and Order of
the Honorable Paul I. Marx, J.S.C., dated the 25th day of October 2021 and filed in the Office of
the Rockland County Clerk on the 25th day of October 2021.
Dated: October 25, 2021
New York, New York
KRISS & FEUERSTEIN LLP
Attorneys for Defendants
By: /s Michael J. Bonneville
Michael J. Bonneville, Esq.
360 Lexington Avenue, Suite 1200
New York, NY 10017
(212) 661-2900 - telephone
TO: All appearing parties via NYSCEF
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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HELLO LIVING DEVELOPER NOSTRAND LLC and Index No. 034885/2021
HELLO NOSTRAND LLC,
AFFIDAVIT OF SERVICE
Plaintiffs,
-against-
1580 NOSTRAND MEZZ, LLC,
MADISON REALTY CAPITAL, L.P.,
Defendants.
.. ---------x
STATE OF NEW YORK }
} ss.:
COUNTY OF NEW YORK }
I, Christina Valenzuela, being duly sworn hereby deposes and says:
I am over 18 years of age, I am not a party to the action, and I reside in Suffolk
County in the State of New York. On October 25, 2021, I served a true copy of the
annexed NOTICE OF ENTRY WITH DECISION AND ORDER by filing same on the
New York Supreme Court Electronic Filing system ("NYSCEF") to allappearing parties in
this action as indicated below:
Marcus & Z.elman, LLC LLP
Attorneys for Plaintiff Hello Living Developer Nostrand, LLC
And Hello Nostrand, LLC
Yitzchak Zelman, Esq.
1 Deer Run Road
Pomona, New York 10970
Law Offices of Victoria A. Worms
Co-counsel on behalf of Hello Living Developer Nostrand, LLC
and Hello Nostrand, LLC
Victor A. Worms, Esq.
48 Wall Street, Suite 1100
New York, New York 10005
vwomis@victorawormsoc.com
2
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11/11/2021
Chri a Valenzuela
Sworn before me on this
25th
a of October 2021
,
Notary Publi
CAR.ME RIVERA
otag - ?g6ho, State of New York
.. A. No.
OtRIe340852
Cn328 ed in Bronx
¬"'"amon County
Expires
04/18/20E5/
3
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Supreme Court of the State of New York
Appellate Division: Second Judicial Department
Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil
Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance
show cause by which the matter was or is to be commenced, or as amended.
HELLO LIVING DEVELOPER NOSTRAND LLC and
HELLO NOSTRAND LLC,
Plaintiffs Date Notice of Appeal Filed
- against -
1580 NOSTRAND MEZZ, LLC and
MADISON REALTY CAPITAL, L.P., For Appellate Division
Defendants
Case Type Filing Type
Civil Action CPLR article 78 Proceeding Appeal Transferred Proceeding
CPLR article 75 Arbitration Special Proceeding Other Original Proceedings CPLR Article 78
Action Commenced under CPLR 214-g Habeas Corpus Proceeding CPLR Article 78 Executive Law § 298
Eminent Domain CPLR 5704 Review
Labor Law 220 or 220-b
Public Officers Law § 36
Real Property Tax Law § 1278
Nature of Suit: Check up to three of the following categories which best reflect the nature of the case.
Administrative Review Business Relationships Commercial Contracts
Declaratory Judgment Domestic Relations Election Law Estate Matters
Family Court Mortgage Foreclosure Miscellaneous Prisoner Discipline & Parole
Real Property Statutory Taxation Torts
(other than foreclosure)
Informational Statement - Civil
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Appeal
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
Amended Decree Determination Order Resettled Order
Amended Judgement Finding Order & Judgment Ruling
Amended Order Interlocutory Decree Partial Decree Other (specify):
Decision Interlocutory Judgment Resettled Decree
Decree Judgment Resettled Judgment
Court: Supreme Court County: Rockland
Dated: October 25, 2021 Entered: October 25, 2021
Judge (name in full): Hon. Paul I. Marx Index No.: 034885/2021
Stage: Interlocutory Final Post-Final Trial: Yes No If Yes: Jury Non-Jury
Prior Unperfected Appeal and Related Case Information
Are any appeals arising in the same action or proceeding currently pending in the court? Yes No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Original Proceeding
Commenced by: Order to Show Cause Notice of Petition Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
Proceeding Transferred Pursuant to CPLR 7804(g)
Court: Choose Court County: Choose County
Judge (name in full): Order of Transfer Date:
CPLR 5704 Review of Ex Parte Order:
Court: Choose Court County: Choose County
Judge (name in full): Dated:
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
The plaintiffs appeal from the decision and order of the Supreme Court, Rockland County, dated October
25, 2021 which denied their motion for a preliminary injunction, pursuant to UCC§9-625,enjoining the
commercially unreasonable sale of the collateral.
Informational Statement - Civil
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Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds
for reversal, or modification to be advanced and the specific relief sought on appeal.
Whether the lower court committed reversible error when it denied the motion of the plaintiffs, pursuant to UCC§ 9–
625, for a preliminary injunction enjoining the commercially unreasonable sale of the collateral even though the sale
would result in the destruction of the plaintiffs' business which consists of providing homeless shelters to the New
York City Department of Homeless Services ("DHS")?
Whether the lower court committed reversible error when it determined that the destruction of the plaintiffs' business
of providing homeless shelter to DHS did not constitute irreparable harm sufficient to support the granting of a
preliminary injunction because the collateral involved the interests in an LLC?
Whether the lower court committed reversible error when it denied the plaintiffs' motion for a preliminary injunction
even though injunctive relief was necessary to maintain the status quo and to prevent any judgment granted to the
plaintiffs by the court from becoming ineffectual?
Party Information
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1 HELLO LIVING DEVELOPER NOSTRAND LLC Plaintiff Appellant
2 HELLO NOSTRAND LLC Plaintiff Appellant
3 1580 NOSTRAND MEZZ, LLC Defendant Respondent
4 MADISON REALTY CAPITAL, L.P. Defendant Respondent
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Informational Statement - Civil
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Attorney Information
Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name: Law Offices of Victor A. Worms
Address: 48 Wall Street, Suite 1100
City: New York State: New York Zip: 10005 Telephone No: (212)374-9590
E-mail Address: vworms@victorawormspc.com
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):1 &2
Attorney/Firm Name: Kriss & Feuerstein LLP
Address: 360 Lexington Avenue, Suite 1200
City: New York State: New York Zip: 10017 Telephone No: (212) 661-2900
E-mail Address: mbonneville@kandfllp.com]
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):3 & 4
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):
Informational Statement - Civil
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Preview
FILED: ROCKLAND COUNTY CLERK 11/11/2021 04:43 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/11/2021 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 Plaintiff, NOTICE OF APPEAL -against- 1580 NOSTRAND MEZZ, LLC, MADISON REALTY CAPITAL, L.P., Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE that plaintiffs Hello Living Developer Nostrand, LLC and Hello Nostrand, LLC, by and through their attorneys Law Offices of Victor A. Worms, hereby appeal to the Appellate Division of the Supreme Court of the State of New York, Second Judical Department, the decision and order on motion of the Supreme Court, Rockland County, (Hon. Paul I. Marx, J.S.C.) dated October 25, 2021 (hereafter the “Decision”), which was entered in the Clerk’s Office of the Supreme Court of the State of New York, Rockland County on October 25, 2021. The notice of entry was served on October 25, 2021. (A copy of the lower court’s Decision and the notice of entry is annexed hereto as Exhibit “A” ) Dated: New York, New York November 11, 2021 Law Offices of Victor A. Worms Attorneys for Plaintiffs By:_______________________ Victor A. Worms 48 Wall Street, Suite 1100 New York, New York 10005 (212) 374-9590 To: All Counsel Via ECF 1 of 12 FILED: ROCKLAND COUNTY CLERK 11/11/2021 04:43 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/11/2021 EXHIBIT “A” 2 of 12 FILED:: ROCKLAND COUNTY CLERK 10/25/2021 11/11/2021 05:37 04:43 PM INDEX INDEX NO. NO. 034885/2021 034885/2021 [FILED ROCKLAND COUNTY CLERK 10/25/2021 10 : 02 AM) NYSCEF NYSCEF DOC. DOC. NO. NO. 59 70 58 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/25/2021 11/11/2021 10/25/2021 At the Supreme Court of the State of New York, held in and for the County of Rockland, at the Courthouse located at 1 South Main Street, New City New York, on the 2f day of October ÖdabsA , 2021. PRESENT: HOE. PAUL L MARX, J.S.C. X HELLO LIVING DEVELOPER NOSTRAND LLC and HELLO NOSTRAND LLC, Index No.: 034885/2021 Plaintiffs, -against- 1580 NOSTRAND MEZZ, LLC, MADISON REALTY CAPITAL, L.P., Defendants. X UPON the motion of HELLO LIVING DEVELOPER NOSTRAND LLC ("Mezz Borrower") and HELLO NOSTRAND LLC ("Hello Nostrand", and together with the Mezz Borrower, collectively, the Plaintiffs") the Plaintiffs herein, brought on by an Order to Show Cause, for the entry of an Order: (a) for a temporary restraining order and preliminary injunction enjoining defendâñts 1580 NOSTRAND MEZZ, LLC ("Mezz Lendg") and MADISON REALTY CAPITAL, L.P. ("MRC", and together with the Mezz Lender, collectively, the "Defcñdãñts") and Defendants' anyone on the behalf, during the peñdêñcy of this action, from holding the an acting auction sale of plaintiff Mezz Borrower's 100% mersbership interests in plaintiff Hello Nostrand (the "Collateral"); (b) granting PlaintifTany further relief that the Court deems just and proper (the "Motion"); and upon the Court signing the Order to Show Cause on August 24, 2021 ("Signed 4894-3996-7232.v.1 321 of of of 63 12 FILED: FILED ROCKLAND ROCKLAND COUNTY CLERK 10/25/2021 11/11/2021 05:37 04:43 PM INDEX INDEX NO. NO. 034885/2021 03 4885/2021 : COUNTY CLERK 10 / 25 /2021 10 :02 ANd NYSCEF NYSCEF DOC. DOC. NO. NO. 59 70 58 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/25/2021 11/11/2021 10/25/2021 OSS") temporarily restraining and enjoining the Defendants and anyone acting on their behalf from conducting the UCC sale of the Collateral scheduled for September 2, 2021 ("Say"); and upon the Signed OSC conditioning the Stay upon the Plaintiffs posting a bond in the amount of $100,000.00 ("Bond") to offset expenses and damages which Defendants may suffer in the event Plaintiffs do not prevail on the Motion; and all the papers filed herein and after and the Motion having come on regularly to be heard by this Court on October 18, 2021 ("Hearing"), and after due deliberation having been held thereon and the Plaintiffs having failed to show (i) a likelihood of success on the Plaintiffs' merits; (ii) no irreparable harm due to the claims being all economic claims compcasable by monetary damages, and therefore not irreparable, itis hereby NOW, upon Motion of Marcus and Zelman, LLC and the Law Offices of Victor A. Worms, attorneys for the Plaintiffs, it ishereby Plaintiffs' ORDERED, that Motion is denied in itsentirety; and itis further ORDERED, that the Stay imposed by the Signed OSC with Temporary Restraining Order was lifted and vacated by the Court at the Hearing on October 18, 2021, and the Mezz Lender may conduct a UCC sale of the Collateral ("S_al_e");and itis further ORDERED, that any dispute(s) regarding the sale of the Collateral scheduled for September 2, 2021, including, but not limited to, publication and commercial reasoñãbleness, are moot; and itis further ORDERED, that any future Sale of the Collateral shall be subject to the following days' conditions: (i)at least sixty (60) notice of the Sale shall be provided; (ii) publication of the Sale shall be advertised four (4) times prior to the Sale in the New York Times and in The Real Deal online website, but if advertised in The Real Deal monthly magazine, only one (1) advertised Sale is required; (iii) any qualifying bid deposit at a future Sale must be in the amount of 4894-3996-7232,v. 1 423 of of 3 of 12 6 FILED: ROCKLAND COUNTY CLERK 10/25/2021 11/11/2021 05:37 04:43 PM INDEX INDEX NO. NO. 034885/2021 034885/2021 FILED : ROCKLAND COUNTY CLERK 10/ 25/2021 10 : 02 AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 59 70 58 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/25/2021 11/11/2021 10/25/2021 $450,000.00; and (iv) all remaining aspects of the Sale must be in accordance with the terms and provisions of the Ownership Interests Pledge and Security Agreement by and between the Mezz Borrower and Mezz Lender, and shall be commercially reasonable in accordance with the Uniform Commercial Code; and itis further ORDERED, that this Court shall retain jurisdiction to adjudicate and determine any further disputes with respect to commercial reasonableness of the Sale; and itis further ORDERED, that any publication costs and expenses associated with advertising the Sale shall be drawn down from the Bond posted by the Plaintiffs. E N T E R: HON. PAUL I. MARX, J.S. 4894-3996-7232, v.1 543 of of of 63 12 FILED: ROCKLAND COUNTY CLERK 10/25/2021 11/11/2021 05:37 04:43 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 59 70 RECEIVED NYSCEF: 10/25/2021 11/11/2021 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 NOTICE OF ENTRY WITH DECISION AND Plaintiffs, ORDER -against- 1580 NOSTRAND MEZZ, LLC, MADISON REALTY CAPITAL, L.P., Defendants. --------------------------------------------------------------------x SIRS: PLEASE TAKE NOTICE that the annexed is a true copy of the Decision and Order of the Honorable Paul I. Marx, J.S.C., dated the 25th day of October 2021 and filed in the Office of the Rockland County Clerk on the 25th day of October 2021. Dated: October 25, 2021 New York, New York KRISS & FEUERSTEIN LLP Attorneys for Defendants By: /s Michael J. Bonneville Michael J. Bonneville, Esq. 360 Lexington Avenue, Suite 1200 New York, NY 10017 (212) 661-2900 - telephone TO: All appearing parties via NYSCEF 1 61 of of 12 6 FILED: ROCKLAND COUNTY CLERK 10/25/2021 11/11/2021 05:37 04:43 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 59 70 RECEIVED NYSCEF: 10/25/2021 11/11/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND -------- x HELLO LIVING DEVELOPER NOSTRAND LLC and Index No. 034885/2021 HELLO NOSTRAND LLC, AFFIDAVIT OF SERVICE Plaintiffs, -against- 1580 NOSTRAND MEZZ, LLC, MADISON REALTY CAPITAL, L.P., Defendants. .. ---------x STATE OF NEW YORK } } ss.: COUNTY OF NEW YORK } I, Christina Valenzuela, being duly sworn hereby deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Suffolk County in the State of New York. On October 25, 2021, I served a true copy of the annexed NOTICE OF ENTRY WITH DECISION AND ORDER by filing same on the New York Supreme Court Electronic Filing system ("NYSCEF") to allappearing parties in this action as indicated below: Marcus & Z.elman, LLC LLP Attorneys for Plaintiff Hello Living Developer Nostrand, LLC And Hello Nostrand, LLC Yitzchak Zelman, Esq. 1 Deer Run Road Pomona, New York 10970 Law Offices of Victoria A. Worms Co-counsel on behalf of Hello Living Developer Nostrand, LLC and Hello Nostrand, LLC Victor A. Worms, Esq. 48 Wall Street, Suite 1100 New York, New York 10005 vwomis@victorawormsoc.com 2 75 of of 12 6 FILED: ROCKLAND COUNTY CLERK 10/25/2021 11/11/2021 05:37 04:43 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 59 70 RECEIVED NYSCEF: 10/25/2021 11/11/2021 Chri a Valenzuela Sworn before me on this 25th a of October 2021 , Notary Publi CAR.ME RIVERA otag - ?g6ho, State of New York .. A. No. OtRIe340852 Cn328 ed in Bronx ¬"'"amon County Expires 04/18/20E5/ 3 86 of of 12 6 FILED: ROCKLAND COUNTY CLERK 11/11/2021 04:43 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/11/2021 Supreme Court of the State of New York Appellate Division: Second Judicial Department Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance show cause by which the matter was or is to be commenced, or as amended. HELLO LIVING DEVELOPER NOSTRAND LLC and HELLO NOSTRAND LLC, Plaintiffs Date Notice of Appeal Filed - against - 1580 NOSTRAND MEZZ, LLC and MADISON REALTY CAPITAL, L.P., For Appellate Division Defendants Case Type Filing Type Civil Action CPLR article 78 Proceeding Appeal Transferred Proceeding CPLR article 75 Arbitration Special Proceeding Other Original Proceedings CPLR Article 78 Action Commenced under CPLR 214-g Habeas Corpus Proceeding CPLR Article 78 Executive Law § 298 Eminent Domain CPLR 5704 Review Labor Law 220 or 220-b Public Officers Law § 36 Real Property Tax Law § 1278 Nature of Suit: Check up to three of the following categories which best reflect the nature of the case. Administrative Review Business Relationships Commercial Contracts Declaratory Judgment Domestic Relations Election Law Estate Matters Family Court Mortgage Foreclosure Miscellaneous Prisoner Discipline & Parole Real Property Statutory Taxation Torts (other than foreclosure) Informational Statement - Civil 9 of 12 FILED: ROCKLAND COUNTY CLERK 11/11/2021 04:43 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/11/2021 Appeal Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. Amended Decree Determination Order Resettled Order Amended Judgement Finding Order & Judgment Ruling Amended Order Interlocutory Decree Partial Decree Other (specify): Decision Interlocutory Judgment Resettled Decree Decree Judgment Resettled Judgment Court: Supreme Court County: Rockland Dated: October 25, 2021 Entered: October 25, 2021 Judge (name in full): Hon. Paul I. Marx Index No.: 034885/2021 Stage: Interlocutory Final Post-Final Trial: Yes No If Yes: Jury Non-Jury Prior Unperfected Appeal and Related Case Information Are any appeals arising in the same action or proceeding currently pending in the court? Yes No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Original Proceeding Commenced by: Order to Show Cause Notice of Petition Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Court: Choose Court County: Choose County Judge (name in full): Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Court: Choose Court County: Choose County Judge (name in full): Dated: Description of Appeal, Proceeding or Application and Statement of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. The plaintiffs appeal from the decision and order of the Supreme Court, Rockland County, dated October 25, 2021 which denied their motion for a preliminary injunction, pursuant to UCC§9-625,enjoining the commercially unreasonable sale of the collateral. Informational Statement - Civil 10 of 12 FILED: ROCKLAND COUNTY CLERK 11/11/2021 04:43 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/11/2021 Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds for reversal, or modification to be advanced and the specific relief sought on appeal. Whether the lower court committed reversible error when it denied the motion of the plaintiffs, pursuant to UCC§ 9– 625, for a preliminary injunction enjoining the commercially unreasonable sale of the collateral even though the sale would result in the destruction of the plaintiffs' business which consists of providing homeless shelters to the New York City Department of Homeless Services ("DHS")? Whether the lower court committed reversible error when it determined that the destruction of the plaintiffs' business of providing homeless shelter to DHS did not constitute irreparable harm sufficient to support the granting of a preliminary injunction because the collateral involved the interests in an LLC? Whether the lower court committed reversible error when it denied the plaintiffs' motion for a preliminary injunction even though injunctive relief was necessary to maintain the status quo and to prevent any judgment granted to the plaintiffs by the court from becoming ineffectual? Party Information Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 HELLO LIVING DEVELOPER NOSTRAND LLC Plaintiff Appellant 2 HELLO NOSTRAND LLC Plaintiff Appellant 3 1580 NOSTRAND MEZZ, LLC Defendant Respondent 4 MADISON REALTY CAPITAL, L.P. Defendant Respondent 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Informational Statement - Civil 11 of 12 FILED: ROCKLAND COUNTY CLERK 11/11/2021 04:43 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/11/2021 Attorney Information Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: Law Offices of Victor A. Worms Address: 48 Wall Street, Suite 1100 City: New York State: New York Zip: 10005 Telephone No: (212)374-9590 E-mail Address: vworms@victorawormspc.com Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above):1 &2 Attorney/Firm Name: Kriss & Feuerstein LLP Address: 360 Lexington Avenue, Suite 1200 City: New York State: New York Zip: 10017 Telephone No: (212) 661-2900 E-mail Address: mbonneville@kandfllp.com] Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above):3 & 4 Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: Retained Assigned Government Pro Se Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Informational Statement - Civil 12 of 12