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

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                                SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF ROCKLAND
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                  NOSTRAND ALBE LLC,                                                      Index No.: 034885/2021

                                    Intervening Plaintiff,                                Before: Hon. Paul I. Marx, J.S.C.

                                    -against-                                             [PROPOSED]
                                                                                          ORDER TO SHOW CAUSE
                  HELLO LIVING DEVELOPER NOSTRAND LLC
                  and HELLO NOSTRAND LLC,

                                    Plaintiffs and Intervened Defendants,

                                    and

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

                                    Defendants and Intervened Defendants.
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                           Upon    reading   and  filing  of the  annexed    Affirmation    of  Abraham     Leifer,  Affirmation     of

                  Thomas C. Landrigan, Esq., and Memorandum of Law dated December 21, 2021, all exhibits and

                  supporting papers thereto, and all prior proceedings had herein, let the parties named herein show

                  case before the Hon. Paul I. Marx, J.S.C. of the Supreme Court of the State of New York, County

                  of  Rockland,    located   at 1 South    Main   Street,  New    City,  New   York   10956    on  the  ____   day  of

                  ______________, 20____, at ______________ o’clock in the ______ noon of that day, or as soon

                  thereafter as the Parties may be heard, why an Order should not be made and entered herein:

                       a.  Permitting Nostrand Albe LLC to intervene in the instant action pursuant to CPLR §§1012

                           and/or 1013;

                       b.  Changing the place of trial of the instant action to Kings County pursuant to CPLR §511;

                       c.  Staying all proceedings in this action for Sixty (60) Days pursuant to CPLR §2201;

                       d.  Enjoining all parties from acting in any way contrary to or in frustration of Hello Nostrand

                           LLC’s conveyance of the Real Property to Intervening Plaintiff, including but not limited
                           to auctioning or otherwise transferring or assuming any interest in Hello Nostrand LLC or

                           the Real Property, pursuant to CPLR §6301; and

                       e.  Affording such other and further relief as the Court deems just, equitable, and proper.

                           NOW, upon the reading and filing of the annexed Affidavit of Abraham Leifer, Affirmation

                  of Thomas C. Landrigan, Esq., Memorandum of Law, all exhibits and supporting papers thereto,

                  and all prior proceedings had herein, it is hereby

                           ORDERED, that 1580 Nostrand Mezz, LLC and                    Madison Realty Capital, L.P., together

                  with their principals, agents, employees, and other affiliates, are hereby immediately temporarily

                  restrained from acting in any way contrary to or in frustration of Hello Nostrand LLC’s conveyance

                  of the Real Property to Intervening Plaintiff, including but not limited to auctioning or otherwise

                  transferring or assuming any interest in Hello Nostrand LLC or the Real Property;

                           ORDERED,        that  service  of  a copy   of  this Order    and  the  Affidavit   of  Abraham     Leifer,

                  Affirmation of Thomas C. Landrigan, Esq., Memorandum of Law, and all exhibits and supporting

                  papers                        thereto                       be                       made                         by

                  ______________________________________________________________________________

                  upon   _________________________________________________________________________

                  on or before the ____ day of ______________, 20____, which service shall be deemed good and

                  sufficient service; and

                           ORDERED, that submissions in opposition, if any, be served upon the Intervening Plaintiff

                  on or before the ____ day of ______________, 20____, and that reply papers, if any, be served by

                  Intervening Plaintiff on or before the ____ day of ______________, 20____.

                           Appearance before the Court on the return date [               ]is [    ] is not required.




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                  Dated:   New City, New York

                                                                                 ENTER:



                                                                                 ___________________________________

                                                                                 HON. PAUL I. MARX, J.S.C.




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