Preview
FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022
Exhibit “D”
FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022
Brody, Alan (Shld-NJ-Bky)
From: Brody, Alan (Shld-NJ-Bky)
Sent: Monday, March 21, 2022 12:13 PM
To: vworm@victorawormspc.com
Cc: Haynes, Nathan A. (Shld-NY-CP-Bky); Ray, Kevin P. (OfCnsl-Chi-Bky-FinInst); Leo Fox
Subject: RE: Hello Nostrand LLC - Access to Mortgaged Property
Victor,
Let me know when you are available this afternoon to discuss.
Alan
Alan J. Brody
Shareholder
Greenberg Traurig, LLP
500 Campus Drive, Suite 400 | Florham Park, NJ 07932-0677
One Vanderbilt Avenue | New York, NY 10017
T 973.443.3543 | F 973.295.1333
BrodyA@gtlaw.com |www.gtlaw.com | View GT Biography
From: Leo Fox
Sent: Monday, March 21, 2022 12:02 PM
To: Brody, Alan (Shld‐NJ‐Bky)
Cc: Haynes, Nathan A. (Shld‐NY‐CP‐Bky) ; Ray, Kevin P. (OfCnsl‐Chi‐Bky‐FinInst)
; Eli Karp ; vworm@victorawormspc.com
Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property
Checked with the client and he advised that you speak with Victor Worms at
vworms@victorawormspc.com.
Leo Fox, Esq.
The Law Office of Leo Fox, Esq.
630 Third Avenue – 18th Floor
New York, New York 10017
(212) 867-9595 (Office)
(917) 873-2766 (Cell)
(212) 949-1857 (Fax)
leo@leofoxlaw.com
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FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have
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From: BrodyA@gtlaw.com
Sent: Sunday, March 20, 2022 6:18 PM
To: Leo Fox
Cc: haynesn@gtlaw.com; raykp@gtlaw.com
Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property
Leo,
You have been involved with the property for some time and we provided you with notice of the assignment days
ago. There is no requirement that Nostrand Senior Lender LLC, the mortgagee on the real property owned by non‐
debtor Hello Nostrand LLC, file the assignment. Having known you for over 30 years, I expect that we will be able to
resolve this issue in a prompt and professional matter..
To that end, it is imperative that you confirm the following:
i. Hello Nostrand will provide access to Nostrand Senior Lender LLC on Monday, as required by the
Mortgage and Security Agreement. There is no reason the property inspection should be delayed by
your client any longer.
ii. All insurance policy premiums for the property have been paid in full. As I told you yesterday, it is our
understanding that the premiums have not been paid. As required by the loan documents, the
borrower must pay the required insurance policy premiums and must provide certification of such
payment.
iii. That you represent Hello Nostrand LLC (if not, please advise if Hello Nostrand LLC has counsel).
As I told you before, I’m always happy to discuss settlement, but it is my understanding that Jerry’s client rejected your
last offer.
Absent immediate confirmation of the above items, your client will be in further default of its obligations and placing the
property in considerable jeopardy, for which Nostrand Senior Lender LLC will proceed accordingly. Nothing contained
herein shall be considered a waiver of any of Nostrand Senior Lender LLC’s and Nostrand Mezz Lender LLC’s rights and
remedies, which Nostrand Senior Lender LLC and Nostrand Mezz Lender LLs expressly reserve.
Alan
Alan J. Brody
Shareholder
Greenberg Traurig, LLP
500 Campus Drive, Suite 400 | Florham Park, NJ 07932-0677
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FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022
One Vanderbilt Avenue | New York, NY 10017
T 973.443.3543 | F 973.295.1333
BrodyA@gtlaw.com |www.gtlaw.com | View GT Biography
From: Leo Fox
Sent: Friday, March 18, 2022 3:17 PM
To: Brody, Alan (Shld‐NJ‐Bky)
Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property
Alan
I have not seen a filed assignment. I will need some time to manage this.
Leo Fox, Esq.
630 Third Avenue - 18th Floor
New York, New York 10017
(212) 867-9595 (Office)
(212) 949-1857 (Fax)
leo@leofoxlaw.com
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to
whom they are addressed. If you have received this email in error please notify the system manager. This message
contains confidential information and is intended only for the individual named. If you are not the named addressee you
should not disseminate, distribute or copy this e‐mail. Please notify the sender immediately by e‐mail if you have
received this e‐mail by mistake and delete this e‐mail from your system. If you are not the intended recipient you are
notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly
prohibited.
From: BrodyA@gtlaw.com
Sent: Friday, March 18, 2022 9:54 AM
To: Leo Fox
Cc: haynesn@gtlaw.com
Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property
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FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022
Leo,
There is no reason the property inspection should be delayed by your client. Please confirm Hello Nostrand will provide
access Monday. In the meantime, I’m always happy to discuss settlement, but it is my understanding that Jerry’s client
rejected your last offer.
Also, it is our understanding that the premiums for the insurance on the property have not been paid. As required by
the loan documents, the borrower must pay the required insurance policy premiums and must provide certification of
such payment. Please advise on the status of payment of the policy premiums.
Alan
Alan J. Brody
Shareholder
Greenberg Traurig, LLP
500 Campus Drive, Suite 400 | Florham Park, NJ 07932-0677
One Vanderbilt Avenue | New York, NY 10017
T 973.443.3543 | F 973.295.1333
BrodyA@gtlaw.com |www.gtlaw.com | View GT Biography
From: Leo Fox
Sent: Thursday, March 17, 2022 5:47 PM
To: Brody, Alan (Shld‐NJ‐Bky)
Cc: Haynes, Nathan A. (Shld‐NY‐CP‐Bky)
Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property
Alan:
Do I understand by your response that you are refusing to provide a payoff (not surprising in
light of your predecessors refusal to provide a payoff) despite the provisions in the Note that
contemplates prepayments and to your connection to the original holders, and to your
unwillingness to discuss a proposed resolution along the terms of my discussion with Jerry
Feuerstein? Nonetheless, the client indicates that subject to obtaining appropriate approvals,
we can have an inspection towards the end of next week.
In the meantime, please advise on whether the new lender is prepared to proceed under the
terms discussed with Jerry Feuerstein.
Thanks.
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FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022
Leo Fox, Esq.
The Law Office of Leo Fox, Esq.
630 Third Avenue – 18th Floor
New York, New York 10017
(212) 867-9595 (Office)
(917) 873-2766 (Cell)
(212) 949-1857 (Fax)
leo@leofoxlaw.com
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have
received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If
you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have
received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying,
distributing or taking any action in reliance on the contents of this information is strictly prohibited.
From: BrodyA@gtlaw.com
Sent: Thursday, March 17, 2022 5:20 PM
To: Leo Fox
Cc: haynesn@gtlaw.com
Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property
Leo,
By your letter, I take it you are representing Hello Nostrand LLC.
Attached is the Mortgage and Security Agreement (the “Mortgage”), dated as of August 28, 2020, which provides in
Section 28, inter alia, that “Mortgagee and its agents shall have the right to enter and inspect the Mortgaged Property at
all times.” As described in my March 16 letter to you, Nostrand Mezz Lender LLC and Nostrand Senior Lender LLC have
acquired the loans made by 1580 Nostrand Ave LLC and 1580 Nostrand Mezz LLC to Hello Nostrand LLC and Hello Living
Developer Nostrand LLC, respectively (including the Mortgage”). As such, your question inquiring if a “connection or
financial relationship, if any, exists between the new lender entities and the old lender entities” is irrelevant.
All legal communication and settlement discussions concerning the loans should be directed to me. In the meantime,
please confirm your client will comply with the loan document and provide access on Monday. Thanks.
Alan
Alan J. Brody
Shareholder
Greenberg Traurig, LLP
500 Campus Drive, Suite 400 | Florham Park, NJ 07932-0677
One Vanderbilt Avenue | New York, NY 10017
T 973.443.3543 | F 973.295.1333
BrodyA@gtlaw.com |www.gtlaw.com | View GT Biography
5
FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022
From: Leo Fox
Sent: Thursday, March 17, 2022 3:53 PM
To: Brody, Alan (Shld‐NJ‐Bky)
Cc: Haynes, Nathan A. (Shld‐NY‐CP‐Bky)
Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property
*EXTERNAL TO GT*
Alan:
Please see attached letter.
Thank you.
Leo Fox, Esq.
The Law Office of Leo Fox, Esq.
630 Third Avenue – 18th Floor
New York, New York 10017
(212) 867-9595 (Office)
(917) 873-2766 (Cell)
(212) 949-1857 (Fax)
leo@leofoxlaw.com
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have
received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If
you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have
received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying,
distributing or taking any action in reliance on the contents of this information is strictly prohibited.
From: BrodyA@gtlaw.com
Sent: Thursday, March 17, 2022 1:43 PM
To: Leo Fox
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FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022
Cc: haynesn@gtlaw.com
Subject: Hello Nostrand LLC ‐ Access to Mortgaged Property
Leo,
As discussed in my letter of March 16, 2022, my clients, Nostrand Mezz Lender LLC and Nostrand Senior Lender LLC have
acquired the loans made by 1580 Nostrand Ave LLC and 1580 Nostrand Mezz LLC to Hello Nostrand LLC and Hello Living
Developer Nostrand LLC, respectively. Attached please find a letter requesting access to the mortgaged property located
at 1580 Nostrand Avenue, Brooklyn, NY 11226 (the “Mortgaged Property”) on Monday, March 22, 2022. Please confirm
(a) that someone will be available to provide Nostrand Senior Lender LLC with access to the mortgaged property and (b)
that you represent Hello Nostrand LLC (if not, please advise if Hello Nostrand LLC has counsel).
Alan
Alan J. Brody
Shareholder
Greenberg Traurig, LLP
500 Campus Drive, Suite 400 | Florham Park, NJ 07932-0677
One Vanderbilt Avenue | New York, NY 10017
T 973.443.3543 | F 973.295.1333
BrodyA@gtlaw.com |www.gtlaw.com | View GT Biography
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immediately at postmaster@gtlaw.com, and do not use or disseminate the information.
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