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At an IAS Part____ of the Supreme Court
of the State of New York, County of Rockland,
located at 1 South Main Street, New City, New York,
on the ____day of December 2021
PRESENT: Hon. Paul I. Marx, Justice
---------------------------------------------------------------------X
HELLO LIVING DEVELOPER NOSTRAND LLC and Index No. 034885/2021
HELLO NOSTRAND LLC,
[PROPOSED] ORDER
TO SHOW CAUSE FOR
Plaintiffs, STAY WITH INTERIM STAY
-against-
1580 NOSTRAND MEZZ, LLC,
MADISON REALTY CAPITAL, L.P.,
Defendants.
------------------------------------------------------------------------X
Upon the accompanying affirmation of Victor A. Worms, dated December 10, 2021, and
the exhibits annexed thereto, and the accompanying memorandum of law, and all proceedings
had herein,
LET the defendants1580 Nostrand Mezz LLC and Madison Realty Capital, L.P.
(collectively “Defendants”) show cause before the Supreme Court of the State of New York,
Rockland County, Part ___, located at 1 South Main Street, New City, New York 10956, on the
_____ day of _________, 2021 at _______ o’clock [a.m./p.m.], or as soon thereafter as counsel
can be heard, why an order should not be entered granting the following relief: (i) a stay,
pursuant to CPLR 2201, of the Court’s order of October 25, 2021, suspending the notice of sale
dated October 20, 2021, of plaintiff Hello Living Developer Nostrand, LLC’s 100%
membership interests in plaintiff Hello Nostrand LLC (the “Collateral”) and suspending the UCC
foreclosure sale of the Collateral scheduled for December 22, 2021, at 2 p.m. (the “Auction”)
and (ii) granting such other and further relief as this Court deems just and proper.
SUFFICIENT CAUSE APPEARING THEREFOR, it is hereby
ORDERED that pending the hearing of the motion for a stay, the notice of sale and the
Auction scheduled for December 22, 2021 at 2 p.m. is hereby suspended; and it is further
ORDERED, that service of a copy of this Order To Show Cause and the papers upon
which it is based shall be made upon Defendants by electronic mail to Defendants’ counsel,
Kriss & Feuerstein LLP, 360 Lexington Avenue, Suite 1200, New York, New York 10017,
attention: Jerold C. Feuerstein, Esq., jfeuerstein@kandfllp.com, and by overnight delivery mail
on or before _____ December 2021, and such service shall be deemed good and sufficient; and it
is further
ORDERED, that any opposition, if any, shall be served upon the Law Offices of Victor
A. Worms, attorneys for plaintiffs, 48 Wall Street, Suite 1100, New York, New York 10005, by
NYSCEF, at least three (3) days before the return date of this application.
ENTER:
_______________
J.S.C.
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Preview
At an IAS Part____ of the Supreme Court of the State of New York, County of Rockland, located at 1 South Main Street, New City, New York, on the ____day of December 2021 PRESENT: Hon. Paul I. Marx, Justice ---------------------------------------------------------------------X HELLO LIVING DEVELOPER NOSTRAND LLC and Index No. 034885/2021 HELLO NOSTRAND LLC, [PROPOSED] ORDER TO SHOW CAUSE FOR Plaintiffs, STAY WITH INTERIM STAY -against- 1580 NOSTRAND MEZZ, LLC, MADISON REALTY CAPITAL, L.P., Defendants. ------------------------------------------------------------------------X Upon the accompanying affirmation of Victor A. Worms, dated December 10, 2021, and the exhibits annexed thereto, and the accompanying memorandum of law, and all proceedings had herein, LET the defendants1580 Nostrand Mezz LLC and Madison Realty Capital, L.P. (collectively “Defendants”) show cause before the Supreme Court of the State of New York, Rockland County, Part ___, located at 1 South Main Street, New City, New York 10956, on the _____ day of _________, 2021 at _______ o’clock [a.m./p.m.], or as soon thereafter as counsel can be heard, why an order should not be entered granting the following relief: (i) a stay, pursuant to CPLR 2201, of the Court’s order of October 25, 2021, suspending the notice of sale dated October 20, 2021, of plaintiff Hello Living Developer Nostrand, LLC’s 100% membership interests in plaintiff Hello Nostrand LLC (the “Collateral”) and suspending the UCC foreclosure sale of the Collateral scheduled for December 22, 2021, at 2 p.m. (the “Auction”) and (ii) granting such other and further relief as this Court deems just and proper. SUFFICIENT CAUSE APPEARING THEREFOR, it is hereby ORDERED that pending the hearing of the motion for a stay, the notice of sale and the Auction scheduled for December 22, 2021 at 2 p.m. is hereby suspended; and it is further ORDERED, that service of a copy of this Order To Show Cause and the papers upon which it is based shall be made upon Defendants by electronic mail to Defendants’ counsel, Kriss & Feuerstein LLP, 360 Lexington Avenue, Suite 1200, New York, New York 10017, attention: Jerold C. Feuerstein, Esq., jfeuerstein@kandfllp.com, and by overnight delivery mail on or before _____ December 2021, and such service shall be deemed good and sufficient; and it is further ORDERED, that any opposition, if any, shall be served upon the Law Offices of Victor A. Worms, attorneys for plaintiffs, 48 Wall Street, Suite 1100, New York, New York 10005, by NYSCEF, at least three (3) days before the return date of this application. ENTER: _______________ J.S.C. 2