On August 17, 2021 a
Motion-Secondary
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 12/21/2021 01:41 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 12/21/2021
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- Motion Seq. No.: 4
HELLO LIVING DEVELOPER NOSTRAND LLC AFFIRMATION OF THOMAS C.
and HELLO NOSTRAND LLC, LANDRIGAN, ESQ. IN SUPPORT
OF INTERVENING PLAINTIFF’S
Plaintiffs and Intervened Defendants, MOTION BY ORDER TO SHOW
CAUSE FOR LEAVE TO INTER-
And VENE, CHANGE OF PLACE OF
TRIAL TO KINGS COUNTY,
1580 NOSTRAND MEZZ, LLC and MADISON STAY OF PROCEEDINGS,
REALTY CAPITAL, L.P., TEMPORARY RESTRAINING
ORDER, AND PRELIMINARY
Defendants and Intervened Defendants. INJUNCTION
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THOMAS C. LANDRIGAN, ESQ., an attorney duly admitted to practice law before the Courts
of the State of New York, affirms and says under penalty of perjury as follows:
1. I am an partner in the law firm of Cohen, LaBarbera & Landrigan, LLP, attorneys for
Intervening Plaintiff Nostrand Albe LLC in the above-entitled matter, and as such I am
personally familiar with the facts and circumstances as recited herein, except such
statements made upon information and belief, which statements I believe upon diligent
investigation to be true.
2. I respectfully submit this Affirmation in support of Nostrand Albe LLC’s Motion by Order
to Show Cause for leave to intervene, change of place of trialto Kings County, stay of
proceedings, temporary restraining order, and preliminary injunction.
3. A true and accurate copy of the original Plaintiffs’ Verified Complaint in this action as
obtained from the public record via NSYCEF is annexed hereto and made part hereof as
Exhibit A as additional factual and procedural background to the instant dispute.
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FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 12/21/2021
4. A true and accurate copy of Intervening Plaintiff’s Verified Intervening Complaint is
annexed hereto and made part hereof as Exhibit B.
5. For the reasons set forth in the accompanying Memorandum of Law, Affirmation of
Abraham Leifer, and Verified Intervening Complaint, the Court should grant the instant
application in its entirety.
COHEN, LABARBERA & LANDRIGAN, LLP
By:__/s/Thomas C. Landrigan__
Thomas C. Landrigan, Esq.
99 Brookside Avenue
Chester, New York 10918
Tel: (845) 291-1900
Fax: (845) 291-8601
Email: tlandrigan@cll-law.com
Attorneys for Intervening Plaintiff
2
2 of 3
FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 12/21/2021
RULE 202.8-B CERTIFICATION
I certify that this document complies with the word limit under Uniform Court Rule 202.8-
b of 7,000 words, excluding the caption, table of contents, table of authorities, and signature block.
According to the word-processing system used to prepare the document, Microsoft Word,
the word count of this document is 222 words.
COHEN, LABARBERA & LANDRIGAN, LLP
By:__/s/Thomas C. Landrigan__
Thomas C. Landrigan, Esq.
Kyle A. Seiss, Esq.
99 Brookside Avenue
Chester, New York 10918
Tel: (845) 291-1900
Fax: (845) 291-8601
Email: tlandrigan@cll-law.com; kseiss@cll-law.com
Attorneys for Intervening Plaintiff
3
3 of 3
Document Filed Date
December 21, 2021
Case Filing Date
August 17, 2021
Category
Commercial - Business Entity
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FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 12/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND -----------------------------------------------------------------X NOSTRAND ALBE LLC, Index No.: 034885/2021 Intervening Plaintiff, Before: Hon. Paul I. Marx, J.S.C. -against- Motion Seq. No.: 4 HELLO LIVING DEVELOPER NOSTRAND LLC AFFIRMATION OF THOMAS C. and HELLO NOSTRAND LLC, LANDRIGAN, ESQ. IN SUPPORT OF INTERVENING PLAINTIFF’S Plaintiffs and Intervened Defendants, MOTION BY ORDER TO SHOW CAUSE FOR LEAVE TO INTER- And VENE, CHANGE OF PLACE OF TRIAL TO KINGS COUNTY, 1580 NOSTRAND MEZZ, LLC and MADISON STAY OF PROCEEDINGS, REALTY CAPITAL, L.P., TEMPORARY RESTRAINING ORDER, AND PRELIMINARY Defendants and Intervened Defendants. INJUNCTION -----------------------------------------------------------------X THOMAS C. LANDRIGAN, ESQ., an attorney duly admitted to practice law before the Courts of the State of New York, affirms and says under penalty of perjury as follows: 1. I am an partner in the law firm of Cohen, LaBarbera & Landrigan, LLP, attorneys for Intervening Plaintiff Nostrand Albe LLC in the above-entitled matter, and as such I am personally familiar with the facts and circumstances as recited herein, except such statements made upon information and belief, which statements I believe upon diligent investigation to be true. 2. I respectfully submit this Affirmation in support of Nostrand Albe LLC’s Motion by Order to Show Cause for leave to intervene, change of place of trialto Kings County, stay of proceedings, temporary restraining order, and preliminary injunction. 3. A true and accurate copy of the original Plaintiffs’ Verified Complaint in this action as obtained from the public record via NSYCEF is annexed hereto and made part hereof as Exhibit A as additional factual and procedural background to the instant dispute. 1 of 3 FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 12/21/2021 4. A true and accurate copy of Intervening Plaintiff’s Verified Intervening Complaint is annexed hereto and made part hereof as Exhibit B. 5. For the reasons set forth in the accompanying Memorandum of Law, Affirmation of Abraham Leifer, and Verified Intervening Complaint, the Court should grant the instant application in its entirety. COHEN, LABARBERA & LANDRIGAN, LLP By:__/s/Thomas C. Landrigan__ Thomas C. Landrigan, Esq. 99 Brookside Avenue Chester, New York 10918 Tel: (845) 291-1900 Fax: (845) 291-8601 Email: tlandrigan@cll-law.com Attorneys for Intervening Plaintiff 2 2 of 3 FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 12/21/2021 RULE 202.8-B CERTIFICATION I certify that this document complies with the word limit under Uniform Court Rule 202.8- b of 7,000 words, excluding the caption, table of contents, table of authorities, and signature block. According to the word-processing system used to prepare the document, Microsoft Word, the word count of this document is 222 words. COHEN, LABARBERA & LANDRIGAN, LLP By:__/s/Thomas C. Landrigan__ Thomas C. Landrigan, Esq. Kyle A. Seiss, Esq. 99 Brookside Avenue Chester, New York 10918 Tel: (845) 291-1900 Fax: (845) 291-8601 Email: tlandrigan@cll-law.com; kseiss@cll-law.com Attorneys for Intervening Plaintiff 3 3 of 3