Preview
Gayle Pollack
(212) 735-8793
gpollack@morrisoncohen.com
October 3, 2022
VIA NYSCEF AND EMAIL
Hon. Paul I. Marx
Supreme Court of New York
County of Rockland
1 South Main Street
New City, New York 10956
bglafont@nycourts.gov, mhomenic@nycourts.gov, jlazzaro@nycourts.gov
Re: Hello Living Developer Nostrand LLC v. 1580 Nostrand Mezz LLC,
Rockland Cty. Sup. Ct. Index No. 034885/2021
Your Honor:
With Greenberg Traurig LLP, we represent Nostrand Mezz Lender LLC
(“Nostrand Mezz”), successor to Defendant 1580 Nostrand Mezz LLC (“Prior Lender”). I am
writing in response to the letter filed by Plaintiffs Hello Living Developer Nostrand LLC (“Hello
Developer”) and Hello Nostrand LLC (“Hello Nostrand) on September 30, 2022. 1
Simply put, there are no issues before this Court that require further action.
Plaintiffs filed this action to stop the UCC sale of the membership interests in Hello Nostrand
that Hello Developer pledged as collateral for a mezzanine loan. Prior Lender moved to dismiss
the action, which motion remains pending. More recently, Plaintiffs filed Motion Sequence No.
005 on September 16, 2022, in which they sought (i) to add Nostrand Mezz as a defendant; and
(ii) a temporary restraining order and preliminary injunction requiring Nostrand Mezz to modify
information in the due diligence room set up for the UCC sale and staying the September 21,
2022 sale. On September 19, 2022, the Court denied the request for a temporary restraining
order. The UCC sale went forward on September 21, 2022, and the collateral was sold.
As the completion of the UCC sale rendered Motion Sequence No. 005 (and this
entire action) moot, I requested that Plaintiffs withdraw their motion. Plaintiffs circulated a draft
stipulation of discontinuance without prejudice that provided for my firm to accept service on
behalf of Nostrand Mezz in future proceedings filed by Plaintiffs (a copy is enclosed). Because
Plaintiffs do not seek any further relief, I in turn provided a stipulation of discontinuance with
prejudice. Plaintiffs instead withdrew Motion Sequence 005. By after-the-fact seeking to add
Nostrand Mezz to the caption, particularly in light of its proposed stipulation, Plaintiffs telegraph
that they want to keep open their options to continue their frivolous filings. This Court should
grant the pending motion to dismiss and put this action to bed for good.
Very truly yours,
/s/ Gayle Pollack
1
Given the sale of the membership interests in Hello Nostrand on September 21, 2022, it is
unclear that Kudman Trachten Aloe Posner LLP continues to represent Hello Nostrand.
#11537786 v1 \028711 \0011
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Hon. Paul I. Marx, J.S.C.
October 3, 2022
Page 2
Enclosure
cc: All counsel of record via NYSCEF
#11537786 v1 \028711 \0011
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From: David Saponara
To: Pollack, Gayle; mbonneville@kandfllp.com
Cc: Paul Aloe; Victor A. Worms (vworms@victorawormspc.com)
Subject: Hello Living Developer Nostrand, LLC et al. v. 1580 Nostrand Mezz LLC et al.
Date: Friday, September 23, 2022 5:15:50 PM
Attachments: image001.png
image002.png
Stipulation of Discontinuance (KTAP draft 2022.09.23).docx
CAUTION: External sender. Verify before continuing.
Counsel:
Attached is a proposed stipulation to discontinue the Rockland County action in light of the
completed UCC sale. Please let us know if you have any comments or questions.
Thanks,
David
David N. Saponara
dsaponara@kudmanlaw.com
Direct (212) 868-1887
Mobile (914) 220-2885
/Users/hilarytopper/Library/Containers/com.microsoft.Outlook/Data/Library/Caches/Signatures/signature_1136105541
800 Third Ave · 11th Floor · New York, NY 10022
Tel: (212) 868-1010 · www.kudmanlaw.com
Find us on LinkedIn
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
HELLO LIVING DEVELOPER NOSTRAND LLC
and HELLO NOSTRAND LLC,
Plaintiffs, Index No. 034885/2021
- against - STIPULATION DISCONTINUING
ACTION WITHOUT PREJUDICE
1580 NOSTRAND MEZZ LLC and MADISON
REALTY CAPITAL LP,
Defendants.
Plaintiffs Hello Living Developer Nostrand LLC (“Developer”) and Hello Nostrand LLC
(“Hello”) (collectively, “Plaintiffs”) and defendants 1580 Nostrand Mezz LLC (“1580 Nostrand”),
Madison Realty Capital LP (“Madison”), and Nostrand Mezz Lender LLC (“Nostrand Mezz”)
(collectively, “Defendants”), by and through their undersigned counsel, hereby submit this
Stipulation of Discontinuance of Action Without Prejudice and state as follows:
WHEREAS, this action was commenced by Plaintiffs filing a Complaint on August 17,
2021, seeking equitable relief only, i.e., a declaratory judgment and a permanent injunction against
1580 Nostrand and Madison;
WHEREAS, the Nostrand Mezz scheduled a UCC sale of Developer’s 100% membership
interests in Hello to take place on September 21, 2022, at 2:00 p.m.;
WHEREAS, on September 16, 2022, Plaintiffs sought an Order adding Nostrand Mezz as
an additional party defendant and a temporary restraining order and preliminary injunction by way
of an Order to Show Cause seeking an Order directing (a) that certain information concerning the
property’s 421a tax abatement eligibility be removed from the data room and that (b) the UCC sale
be adjourned for at least thirty (30) days;
WHEREAS, on September 19, 2022, the Court granted the motion to add Nostrand Mezz
as a party defendant, denied Plaintiffs’ motion for a temporary restraining order adjourning the
UCC sale, and set the return date on Plaintiffs’ motion for a preliminary injunction on October 12,
2022; and
WHEREAS, the UCC sale of Developer’s interests in Hello occurred on September 21,
2022;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows:
1. Plaintiffs’ motion for a preliminary injunction is withdrawn as moot in light of the
September 21, 2022, UCC sale of Developer’s interests in Hello.
2. This action be, and hereby is, discontinued without prejudice to any claims relating
to the sale, including, without limitation, any claim that the sale was not commercially reasonable.
3. Defendants agree that should any action be filed by Plaintiffs that the sale was not
commercially reasonable they authorize their undersigned counsel to accept service of process on
their behalf by email. Nostrand Mezz agrees that it may be served via email to its counsel, Gayle
Pollack, Esq. (gpollack@morrisoncohen.com) and 1580 Nostrand and Madison agree that they
may both be served via email to their counsel, Michael J. Bonneville, Esq.
(mbonneville@kandfllp.com).
4. That each party will bear its own costs and fees incurred in this action.
2
Dated: New York, New York
September 23, 2022
By: _______________________ By: _____________________
Paul H. Aloe Gayle Pollack
David N. Saponara Morrison Cohen LLP
Francis M. Curran 909 Third Avenue
KUDMAN TRACHTEN ALOE New York, New York 10022
POSNER LLP Tel: (212) 735-8793
800 Third Avenue, 11th Floor gpollack@morrisoncohen.com
New York, New York 10022
Tel: (212) 868-1010 Attorneys for Defendant
paloe@kudmanlaw.com Nostrand Mezz Lender LLC
dsaponara@kudmanlaw.com
fcurran@kudmanlaw.com
Victor A. Worms
Law Offices of Victor A. Worms
48 Wall Street, Suite 1100
New York, New York 10005
Tel: (212) 374-9590
vworms@victorawormspc.com
Attorneys for Plaintiffs
By: _____________________
Michael J. Bonneville
KRISS & FEUERSTEIN LLP
360 Lexington Avenue, Suite 1200
New York, New York 10017
Tel: (212) 661-2900
mbonneville@kandfllp.com
Attorneys for Defendants 1580
Nostrand Mezz LLC and Madison
Realty Capital LP
3
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Gayle Pollack (212) 735-8793 gpollack@morrisoncohen.com October 3, 2022 VIA NYSCEF AND EMAIL Hon. Paul I. Marx Supreme Court of New York County of Rockland 1 South Main Street New City, New York 10956 bglafont@nycourts.gov, mhomenic@nycourts.gov, jlazzaro@nycourts.gov Re: Hello Living Developer Nostrand LLC v. 1580 Nostrand Mezz LLC, Rockland Cty. Sup. Ct. Index No. 034885/2021 Your Honor: With Greenberg Traurig LLP, we represent Nostrand Mezz Lender LLC (“Nostrand Mezz”), successor to Defendant 1580 Nostrand Mezz LLC (“Prior Lender”). I am writing in response to the letter filed by Plaintiffs Hello Living Developer Nostrand LLC (“Hello Developer”) and Hello Nostrand LLC (“Hello Nostrand) on September 30, 2022. 1 Simply put, there are no issues before this Court that require further action. Plaintiffs filed this action to stop the UCC sale of the membership interests in Hello Nostrand that Hello Developer pledged as collateral for a mezzanine loan. Prior Lender moved to dismiss the action, which motion remains pending. More recently, Plaintiffs filed Motion Sequence No. 005 on September 16, 2022, in which they sought (i) to add Nostrand Mezz as a defendant; and (ii) a temporary restraining order and preliminary injunction requiring Nostrand Mezz to modify information in the due diligence room set up for the UCC sale and staying the September 21, 2022 sale. On September 19, 2022, the Court denied the request for a temporary restraining order. The UCC sale went forward on September 21, 2022, and the collateral was sold. As the completion of the UCC sale rendered Motion Sequence No. 005 (and this entire action) moot, I requested that Plaintiffs withdraw their motion. Plaintiffs circulated a draft stipulation of discontinuance without prejudice that provided for my firm to accept service on behalf of Nostrand Mezz in future proceedings filed by Plaintiffs (a copy is enclosed). Because Plaintiffs do not seek any further relief, I in turn provided a stipulation of discontinuance with prejudice. Plaintiffs instead withdrew Motion Sequence 005. By after-the-fact seeking to add Nostrand Mezz to the caption, particularly in light of its proposed stipulation, Plaintiffs telegraph that they want to keep open their options to continue their frivolous filings. This Court should grant the pending motion to dismiss and put this action to bed for good. Very truly yours, /s/ Gayle Pollack 1 Given the sale of the membership interests in Hello Nostrand on September 21, 2022, it is unclear that Kudman Trachten Aloe Posner LLP continues to represent Hello Nostrand. #11537786 v1 \028711 \0011 909 Third Avenue, New York, NY 10022-4784 ∙ p:212.735.8600 ∙ f:212.735.8708 ∙ www.morrisoncohen.com Hon. Paul I. Marx, J.S.C. October 3, 2022 Page 2 Enclosure cc: All counsel of record via NYSCEF #11537786 v1 \028711 \0011 909 Third Avenue, New York, NY 10022-4784 ∙ p:212.735.8600 ∙ f:212.735.8708 ∙ www.morrisoncohen.com From: David Saponara To: Pollack, Gayle; mbonneville@kandfllp.com Cc: Paul Aloe; Victor A. Worms (vworms@victorawormspc.com) Subject: Hello Living Developer Nostrand, LLC et al. v. 1580 Nostrand Mezz LLC et al. Date: Friday, September 23, 2022 5:15:50 PM Attachments: image001.png image002.png Stipulation of Discontinuance (KTAP draft 2022.09.23).docx CAUTION: External sender. Verify before continuing. Counsel: Attached is a proposed stipulation to discontinue the Rockland County action in light of the completed UCC sale. Please let us know if you have any comments or questions. Thanks, David David N. Saponara dsaponara@kudmanlaw.com Direct (212) 868-1887 Mobile (914) 220-2885 /Users/hilarytopper/Library/Containers/com.microsoft.Outlook/Data/Library/Caches/Signatures/signature_1136105541 800 Third Ave · 11th Floor · New York, NY 10022 Tel: (212) 868-1010 · www.kudmanlaw.com Find us on LinkedIn SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND HELLO LIVING DEVELOPER NOSTRAND LLC and HELLO NOSTRAND LLC, Plaintiffs, Index No. 034885/2021 - against - STIPULATION DISCONTINUING ACTION WITHOUT PREJUDICE 1580 NOSTRAND MEZZ LLC and MADISON REALTY CAPITAL LP, Defendants. Plaintiffs Hello Living Developer Nostrand LLC (“Developer”) and Hello Nostrand LLC (“Hello”) (collectively, “Plaintiffs”) and defendants 1580 Nostrand Mezz LLC (“1580 Nostrand”), Madison Realty Capital LP (“Madison”), and Nostrand Mezz Lender LLC (“Nostrand Mezz”) (collectively, “Defendants”), by and through their undersigned counsel, hereby submit this Stipulation of Discontinuance of Action Without Prejudice and state as follows: WHEREAS, this action was commenced by Plaintiffs filing a Complaint on August 17, 2021, seeking equitable relief only, i.e., a declaratory judgment and a permanent injunction against 1580 Nostrand and Madison; WHEREAS, the Nostrand Mezz scheduled a UCC sale of Developer’s 100% membership interests in Hello to take place on September 21, 2022, at 2:00 p.m.; WHEREAS, on September 16, 2022, Plaintiffs sought an Order adding Nostrand Mezz as an additional party defendant and a temporary restraining order and preliminary injunction by way of an Order to Show Cause seeking an Order directing (a) that certain information concerning the property’s 421a tax abatement eligibility be removed from the data room and that (b) the UCC sale be adjourned for at least thirty (30) days; WHEREAS, on September 19, 2022, the Court granted the motion to add Nostrand Mezz as a party defendant, denied Plaintiffs’ motion for a temporary restraining order adjourning the UCC sale, and set the return date on Plaintiffs’ motion for a preliminary injunction on October 12, 2022; and WHEREAS, the UCC sale of Developer’s interests in Hello occurred on September 21, 2022; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows: 1. Plaintiffs’ motion for a preliminary injunction is withdrawn as moot in light of the September 21, 2022, UCC sale of Developer’s interests in Hello. 2. This action be, and hereby is, discontinued without prejudice to any claims relating to the sale, including, without limitation, any claim that the sale was not commercially reasonable. 3. Defendants agree that should any action be filed by Plaintiffs that the sale was not commercially reasonable they authorize their undersigned counsel to accept service of process on their behalf by email. Nostrand Mezz agrees that it may be served via email to its counsel, Gayle Pollack, Esq. (gpollack@morrisoncohen.com) and 1580 Nostrand and Madison agree that they may both be served via email to their counsel, Michael J. Bonneville, Esq. (mbonneville@kandfllp.com). 4. That each party will bear its own costs and fees incurred in this action. 2 Dated: New York, New York September 23, 2022 By: _______________________ By: _____________________ Paul H. Aloe Gayle Pollack David N. Saponara Morrison Cohen LLP Francis M. Curran 909 Third Avenue KUDMAN TRACHTEN ALOE New York, New York 10022 POSNER LLP Tel: (212) 735-8793 800 Third Avenue, 11th Floor gpollack@morrisoncohen.com New York, New York 10022 Tel: (212) 868-1010 Attorneys for Defendant paloe@kudmanlaw.com Nostrand Mezz Lender LLC dsaponara@kudmanlaw.com fcurran@kudmanlaw.com Victor A. Worms Law Offices of Victor A. Worms 48 Wall Street, Suite 1100 New York, New York 10005 Tel: (212) 374-9590 vworms@victorawormspc.com Attorneys for Plaintiffs By: _____________________ Michael J. Bonneville KRISS & FEUERSTEIN LLP 360 Lexington Avenue, Suite 1200 New York, New York 10017 Tel: (212) 661-2900 mbonneville@kandfllp.com Attorneys for Defendants 1580 Nostrand Mezz LLC and Madison Realty Capital LP 3