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

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                                FILED:         ROCKLAND           COUNTY        CLERK        12/21/2021             03:13        PM                 INDEX    NO.   034885/2021
   NYSCEF     DOC.   NO.   108                                                                                RECEIVED      NYSCEF:     12/21/2021




                SUPREME COURT OF THE STATE OF NEW YORK
                COUNTY OF ROCKLAND
                ------------------------------------------------------------------x        Index No.: 034885/2021
                HELLO        LIVING       DEVELOPER            NOSTRAND           LLC,
                HELLO NOSTRAND LLC,
                                                                                           REPLY AFFIRMATION OF
                                                                                           JEROLD C. FEUERSTEIN, ESQ.
                                                             Plaintiffs,                   IN FURTHER SUPPORT OF
                                                                                           DEFENDANTS’ MOTION TO
                                  -against-                                                DISMISS


                1580 NOSTRAND MEZZ, LLC, MADISON
                REALTY CAPTIAL, L.P.,

                                                             Defendants.
                ------------------------------------------------------------------x




                  STATE OF NEW YORK                   )
                                                      )ss:
                  COUNTY OF NEW YORK                  )

                           JEROLD C. FEUERSTEIN, ESQ., the undersigned, an attorney duly licensed to practice

                  law before the Courts of the State of New York, does hereby affirm under penalty of perjury:

                           1.       I  am   a  partner   with   the   law   firm  of   Kriss   &   Feuerstein    LLP,    counsel   for

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

                  (Collectively, the “Defendants”), and as such I am fully familiar with the facts of this case and

                  the proceedings heretofore had herein.

                           2.       I respectfully    submit    this  reply  affirmation    in  further   support   of  Defendants’

                  motion    to  dismiss    (“MTD”)      plaintiffs   HELLO      LIVING      DEVELOPER          NOSTRAND          LLC

                  (“Mezz Borrower”) and HELLO NOSTRAND LLC (“Mortgage Borrower”, and together with

                  the Mezz Borrower, collectively, the “Plaintiffs”) Verified Complaint (“Complaint”)[NYSCEF

                  Dkt No. 1].



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   FILED:         ROCKLAND           COUNTY        CLERK        12/21/2021             03:13        PM                 INDEX    NO.   034885/2021
   NYSCEF     DOC.   NO.   108                                                                                RECEIVED      NYSCEF:     12/21/2021


                           3.       Attached    as  Exhibit   “A”    is a  true and   correct   copy   of the  Verified   Complaint

                  (without exhibits)(“Kings Complaint”) dated June 8, 2021, in Eli Karp et al. v. Madison Realty

                  Capital, L.P. et al., Index No. 513756/2021 (“Kings Action”), pending in the Supreme Court for

                  the State of New York, Kings County (J. Ruchlesman).

                           4.       Among     other  things,  the  Kings   Complaint     alleged   that defendant    1580   Nostrand

                  Avenue LLC breached certain mortgage loan documents by failing to provide loan advances to

                  the Mortgage Borrower.         See Exhibit “A”, at ¶¶ 632(iii) and 368 (v).

                           5.       By   Decision    and  Order   dated   November      15,  2021,   the  Kings   Complaint     in the

                  Kings   Action   was   dismissed    in  itsentirety   (Kings   Action   NYSCEF       Dkt  No.   74).   See  Exhibit

                  “H” to Plaintiffs’ Opposition to MTD.

                           WHEREFORE,            on  behalf   of  Defendants,     I respectfully    request   that  the  Court   grant

                  Defendants’ MTD, and grant such other and further relief as the Court deems just and proper.


                  Dated: New York, New York
                           December 21, 2021
                                                                                 ___/s/ Jerold C. Feuerstein_____________
                                                                                          JEROLD C. FEUERSTEIN




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                  4871-9225-2423, v. 1

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