Preview
FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021
EXHIBIT B
FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 104 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- VERIFIED INTERVENING
COMPLAINT
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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Intervening Plaintiff Nostrand Albe LLC, by and through its undersigned attorneys of
Cohen, LaBarbera & Landrigan, LLP, as and for its Verified Intervening Complaint, alleges as
follows:
NATURE OF INTERVENING PLAINTIFF’S CLAIM
1. Intervening Plaintiff is a bona fide purchaser who has entered into a valid, binding, and
enforceable contract (the “Contract”) to purchase the real property located at and
commonly known as 1580 Nostrand Avenue a/k/a 2902 Albemarle Road a/k/a 21 East 29th
Street, Brooklyn, New York, being Block 5131, Lot 1 in Kings County (the “Real
Property”), from Plaintiff and Intervened Defendant Hello Nostrand LLC.
2. As stated in the original pleadings in this action, there is a dispute between the original
parties concerning certain loans alleged to be owed to Defendants by Plaintiffs and the
enforcement thereof; that dispute affects the title to, or the possession, use or enjoyment
of, the Real Property.
FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021
3. Intervening Plaintiff therefore seeks leave to intervene in this action to assert its rights
under the Contract to the Real Property as affected by the original dispute in this action.
THE PARTIES
4. Intervening Plaintiff Nostrand Albe LLC (“Intervening Plaintiff”) is a limited liability
company organized under the laws of the State of New York, having its principal place of
business in the County of Kings, State of New York.
5. Upon information and belief, Plaintiff and Intervened Defendant Hello Living Developer
Nostrand LLC is a limited liability company organized under the laws of the State of New
York, having its principal place of business at 17 Tokay Lane, Monsey, New York 10952.
6. Upon information and belief Plaintiff and Intervened Defendant Hello Nostrand LLC
(together with Hello Living Developer Nostrand LLC, “Plaintiffs”) is a limited liability
company organized under the laws of the State of New York, having its principal place of
business at 33 35 Street, Suite B-613, Brooklyn, New York 11232.
7. Upon information and belief, Defendant and Intervened Defendant 1580 Nostrand Mezz
LLC is a limited liability company organized under the laws of the State of Delaware,
having its principal place of business at 520 Madison Avenue, Suite 3501, New York, New
York 10022.
8. Upon information and belief, Defendant and Intervened Defendant Madison Realty
Capital, L.P. (together with 1580 Nostrand Mezz LLC, “Defendants”) is a limited
partnership formed under the laws of the State of Delaware, having its principal place of
business at 520 Madison Avenue, Suite 3501, New York, New York 10022.
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NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021
JURISDICTION AND VENUE
9. The Supreme Court of the State of New York has jurisdiction over this action under the
Constitution and laws of the State of New York.
10. Venue lies in the County of Kings pursuant to CPLR §507 because the judgment demanded
would affect the title to, or the possession, use or enjoyment of, real property located in the
County of Kings.
FACTS COMMON TO ALL CAUSES OF ACTION
11. Intervening Plaintiff has entered into the Contract to purchase the Real Property from
Plaintiff Hello Nostrand LLC. A true and accurate copy of the Contract is annexed hereto
and made part hereof as Exhibit A.
12. Pursuant to the terms of the Contract, Intervening Plaintiff has already wired a $1 million
deposit, which Plaintiffs may argue to be nonrefundable, to transactional counsel for
Plaintiff Hello Nostrand LLC. A true and accurate copy of the confirmation of receipt of
Intervening Plaintiff’s wire transfer is annexed hereto and made part hereof as Exhibit B.
13. Upon information and belief, Defendants are predatory lenders who have even attracted
the attention of the New York State Attorney General’s Office.
14. Upon information and belief, Defendants have obtained alleged loans totaling $63 million
owed by Plaintiffs and contrived their default thereunder.
15. Upon information and belief, Defendants are or are attempting to execute upon all
collateral, including both the Real Property and the membership interests in Plaintiff Hello
Nostrand LLC, of those loans in order to obtain a windfall of not only all monies alleged
to be owed but also any equity therein.
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FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021
16. Intervening Plaintiff is ready, willing, and able to close on the purchase of the Real Property
under the Contract and pay off all liens thereon owed to the Defendants; however,
Defendants have to date failed to cooperate with Plaintiff to effect the sale because, upon
information and belief, they hope to obtain the above-described windfall in bad faith
through an auction.
AS AND FOR A FIRST CAUSE OF ACTION
Declaratory Relief
17. Intervening Plaintiff repeats and realleges each of the foregoing statements as if set forth
in their entirety.
18. Intervening Plaintiff has a contractual right to purchase the Real Property pursuant to the
Contract.
19. Defendants are acting contrary to Plaintiff’s rights by purporting to auction off the
membership interests in the seller of the Real Property and foreclose on the Real Property
itself.
20. Plaintiffs and Defendants also dispute, in substance, their respective interests in the Real
Property in the original action.
21. A present and justiciable controversy therefore arises concerning Intervening Plaintiff’s,
Plaintiffs’, and Defendants rights concerning the Real Property.
AS AND FOR A SECOND CAUSE OF ACTION
Quiet Title Action—RPAPL Art. 15
22. Intervening Plaintiff repeats and realleges each of the foregoing statements as if set forth
in their entirety.
23. Intervening Plaintiff has an interest in the Real Property under the terms of the Contract.
4
FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021
24. Based upon the allegations in the original pleadings to this action and subsequent
proceedings held herein, it appears that Defendants claim an interest in the Real Property
adverse to Intervening Plaintiff, including but not limited to their enforcement of alleged
loans against collateral including both membership interests in the seller and the Real
Property itself.
25. Upon information and belief, no necessary party is unknown, an infant, mentally retarded,
mentally ill, or an alcohol abuser.
26. Upon information and belief, no judgment sought hereunder will or might affect a person
or persons not in being or ascertained at the commencement of the action, who by any
contingency contained in a devise or grant or otherwise, could afterward become entitled
to a beneficial estate or interest in the property involved.
27. Upon information and belief, every person in being who would have been entitled to such
estate or interest if such event had happened immediately before the commencement of the
action is named as a party thereto.
28. Therefore, Intervening Plaintiff is entitled to judgment barring all claims to the Real
Property adverse to Intervening Plaintiff’s interest under the terms of the Contract.
AS AND FOR A THIRD CAUSE OF ACTION
Injunctive Relief
29. Intervening Plaintiff repeats and realleges each of the foregoing statements as if set forth
in their entirety.
30. Under the terms of the Contract, Intervening Plaintiff is entitled to seek specific
performance by the seller Hello Nostrand LLC to convey the Real Property to Intervening
Plaintiff.
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NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021
31. Intervening Plaintiff is therefore entitled to judgment ordering Hello Nostrand LLC to
convey the Real Property under the terms of the Contract and to enjoin all other parties
from acting in any way contrary to or in frustration of Hello Nostrand LLC’s compliance
with such order.
JURY DEMAND
32. Intervening Plaintiff hereby reserves the right to present all issues so triable to a jury.
WHEREFORE, Intervening Plaintiff demands judgment:
a. Declaring Intervening Plaintiff to have an enforceable interest in the Real Property
pursuant to the terms of the Contract;
b. Barring all claims to interest in the Real Property adverse to Intervening Plaintiff’s interest
in the Real Property pursuant to the terms of the Contract;
c. Directing Plaintiff Hello Nostrand LLC to convey the Real Property to Intervening Plaintiff
pursuant to the terms of the Contract;
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;
e. Awarding attorneys’ fees, costs, and interest; and
f. Affording such other and further belief as the Court deems just, equitable, and proper.
Dated: December 21, 2021
Chester, New York
COHEN, LABARBERA & LANDRIGAN, LLP
By:__/s/Thomas C. Landrigan__
Thomas C. Landrigan, Esq.
Kyle A. Seiss, Esq.
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FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021
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
7
FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021
Preview
FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021 EXHIBIT B FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 104 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- VERIFIED INTERVENING COMPLAINT 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. -----------------------------------------------------------------X Intervening Plaintiff Nostrand Albe LLC, by and through its undersigned attorneys of Cohen, LaBarbera & Landrigan, LLP, as and for its Verified Intervening Complaint, alleges as follows: NATURE OF INTERVENING PLAINTIFF’S CLAIM 1. Intervening Plaintiff is a bona fide purchaser who has entered into a valid, binding, and enforceable contract (the “Contract”) to purchase the real property located at and commonly known as 1580 Nostrand Avenue a/k/a 2902 Albemarle Road a/k/a 21 East 29th Street, Brooklyn, New York, being Block 5131, Lot 1 in Kings County (the “Real Property”), from Plaintiff and Intervened Defendant Hello Nostrand LLC. 2. As stated in the original pleadings in this action, there is a dispute between the original parties concerning certain loans alleged to be owed to Defendants by Plaintiffs and the enforcement thereof; that dispute affects the title to, or the possession, use or enjoyment of, the Real Property. FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021 3. Intervening Plaintiff therefore seeks leave to intervene in this action to assert its rights under the Contract to the Real Property as affected by the original dispute in this action. THE PARTIES 4. Intervening Plaintiff Nostrand Albe LLC (“Intervening Plaintiff”) is a limited liability company organized under the laws of the State of New York, having its principal place of business in the County of Kings, State of New York. 5. Upon information and belief, Plaintiff and Intervened Defendant Hello Living Developer Nostrand LLC is a limited liability company organized under the laws of the State of New York, having its principal place of business at 17 Tokay Lane, Monsey, New York 10952. 6. Upon information and belief Plaintiff and Intervened Defendant Hello Nostrand LLC (together with Hello Living Developer Nostrand LLC, “Plaintiffs”) is a limited liability company organized under the laws of the State of New York, having its principal place of business at 33 35 Street, Suite B-613, Brooklyn, New York 11232. 7. Upon information and belief, Defendant and Intervened Defendant 1580 Nostrand Mezz LLC is a limited liability company organized under the laws of the State of Delaware, having its principal place of business at 520 Madison Avenue, Suite 3501, New York, New York 10022. 8. Upon information and belief, Defendant and Intervened Defendant Madison Realty Capital, L.P. (together with 1580 Nostrand Mezz LLC, “Defendants”) is a limited partnership formed under the laws of the State of Delaware, having its principal place of business at 520 Madison Avenue, Suite 3501, New York, New York 10022. 2 FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021 JURISDICTION AND VENUE 9. The Supreme Court of the State of New York has jurisdiction over this action under the Constitution and laws of the State of New York. 10. Venue lies in the County of Kings pursuant to CPLR §507 because the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property located in the County of Kings. FACTS COMMON TO ALL CAUSES OF ACTION 11. Intervening Plaintiff has entered into the Contract to purchase the Real Property from Plaintiff Hello Nostrand LLC. A true and accurate copy of the Contract is annexed hereto and made part hereof as Exhibit A. 12. Pursuant to the terms of the Contract, Intervening Plaintiff has already wired a $1 million deposit, which Plaintiffs may argue to be nonrefundable, to transactional counsel for Plaintiff Hello Nostrand LLC. A true and accurate copy of the confirmation of receipt of Intervening Plaintiff’s wire transfer is annexed hereto and made part hereof as Exhibit B. 13. Upon information and belief, Defendants are predatory lenders who have even attracted the attention of the New York State Attorney General’s Office. 14. Upon information and belief, Defendants have obtained alleged loans totaling $63 million owed by Plaintiffs and contrived their default thereunder. 15. Upon information and belief, Defendants are or are attempting to execute upon all collateral, including both the Real Property and the membership interests in Plaintiff Hello Nostrand LLC, of those loans in order to obtain a windfall of not only all monies alleged to be owed but also any equity therein. 3 FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021 16. Intervening Plaintiff is ready, willing, and able to close on the purchase of the Real Property under the Contract and pay off all liens thereon owed to the Defendants; however, Defendants have to date failed to cooperate with Plaintiff to effect the sale because, upon information and belief, they hope to obtain the above-described windfall in bad faith through an auction. AS AND FOR A FIRST CAUSE OF ACTION Declaratory Relief 17. Intervening Plaintiff repeats and realleges each of the foregoing statements as if set forth in their entirety. 18. Intervening Plaintiff has a contractual right to purchase the Real Property pursuant to the Contract. 19. Defendants are acting contrary to Plaintiff’s rights by purporting to auction off the membership interests in the seller of the Real Property and foreclose on the Real Property itself. 20. Plaintiffs and Defendants also dispute, in substance, their respective interests in the Real Property in the original action. 21. A present and justiciable controversy therefore arises concerning Intervening Plaintiff’s, Plaintiffs’, and Defendants rights concerning the Real Property. AS AND FOR A SECOND CAUSE OF ACTION Quiet Title Action—RPAPL Art. 15 22. Intervening Plaintiff repeats and realleges each of the foregoing statements as if set forth in their entirety. 23. Intervening Plaintiff has an interest in the Real Property under the terms of the Contract. 4 FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021 24. Based upon the allegations in the original pleadings to this action and subsequent proceedings held herein, it appears that Defendants claim an interest in the Real Property adverse to Intervening Plaintiff, including but not limited to their enforcement of alleged loans against collateral including both membership interests in the seller and the Real Property itself. 25. Upon information and belief, no necessary party is unknown, an infant, mentally retarded, mentally ill, or an alcohol abuser. 26. Upon information and belief, no judgment sought hereunder will or might affect a person or persons not in being or ascertained at the commencement of the action, who by any contingency contained in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved. 27. Upon information and belief, every person in being who would have been entitled to such estate or interest if such event had happened immediately before the commencement of the action is named as a party thereto. 28. Therefore, Intervening Plaintiff is entitled to judgment barring all claims to the Real Property adverse to Intervening Plaintiff’s interest under the terms of the Contract. AS AND FOR A THIRD CAUSE OF ACTION Injunctive Relief 29. Intervening Plaintiff repeats and realleges each of the foregoing statements as if set forth in their entirety. 30. Under the terms of the Contract, Intervening Plaintiff is entitled to seek specific performance by the seller Hello Nostrand LLC to convey the Real Property to Intervening Plaintiff. 5 FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021 31. Intervening Plaintiff is therefore entitled to judgment ordering Hello Nostrand LLC to convey the Real Property under the terms of the Contract and to enjoin all other parties from acting in any way contrary to or in frustration of Hello Nostrand LLC’s compliance with such order. JURY DEMAND 32. Intervening Plaintiff hereby reserves the right to present all issues so triable to a jury. WHEREFORE, Intervening Plaintiff demands judgment: a. Declaring Intervening Plaintiff to have an enforceable interest in the Real Property pursuant to the terms of the Contract; b. Barring all claims to interest in the Real Property adverse to Intervening Plaintiff’s interest in the Real Property pursuant to the terms of the Contract; c. Directing Plaintiff Hello Nostrand LLC to convey the Real Property to Intervening Plaintiff pursuant to the terms of the Contract; 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; e. Awarding attorneys’ fees, costs, and interest; and f. Affording such other and further belief as the Court deems just, equitable, and proper. Dated: December 21, 2021 Chester, New York COHEN, LABARBERA & LANDRIGAN, LLP By:__/s/Thomas C. Landrigan__ Thomas C. Landrigan, Esq. Kyle A. Seiss, Esq. 6 FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021 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 7 FILED: ROCKLAND COUNTY CLERK 12/21/2021 01:41 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 12/21/2021