Preview
At an IAS Part____ of the Supreme Court of the State of
New York, County of Rockland, located at 1 South
Main Street, New City, New York, on the ____day of
September, 2022
PRESENT: Hon. ________________, J.S.C
HELLO LIVING DEVELOPER NOSTRAND LLC
and HELLO NOSTRAND LLC, Index No: 034885/2021
Plaintiffs, [PROPOSED] ORDER TO
SHOW CAUSE FOR A
- against - TEMPORARY
RESTRAINING ORDER AND
1580 NOSTRAND MEZZ LLC and MADISON PRELIMINARY
REALTY CAPITAL LP, INJUNCTION
Defendants.
Upon the reading and filing of the annexed Affidavit of Paul J. Korngold dated September
16, 2022 (“Korngold Affidavit”), together with the exhibits annexed thereto; the annexed
Affirmation of Paul H. Aloe dated September 16, 2022 (“Aloe Affirmation”), together with the
exhibits annexed thereto; and the Plaintiffs’ Memorandum of Law in Support of their Motion for
a Preliminary Injunction and Temporary Restraining Order (“Memorandum of Law”); and upon
all the previous pleadings and proceedings had herein;
LET the defendants 1580 Nostrand Mezz LLC and Madison Realty Capital, L.P.
(collectively “Defendants”) show cause before the Supreme Court of the State of New York,
Rockland County, Part ___, located at 1 South Main Street, New City, New York 10956, on the
_____ day of _________, 2022 at _______ o’clock [a.m./p.m.], or as soon thereafter as counsel
can be heard, why an order should not be entered granting the following relief: (i) adding Nostrand
Mezz Lender, LLC, the current payee of the Collateral at issue, as a party defendant, and (ii)
pursuant to CPLR 6301, issuing a preliminary injunction directing (a) that the “Summary of Path
for 421A” document be withdrawn from the data room and replaced with correct and accurate
information concerning the property’s 421a tax abatement eligibility and (b) that Nostrand Mezz
Lender LLC adjourn the UCC sale currently scheduled to take place on September 21, 2022, at
2:00 p.m., for at least thirty (30) days to allow sufficient time for this material information to be
published to the market at large and disseminated to prospective bidders who have previously
inquired with The Corbin Group/Rosewood Realty.
SUFFICIENT CAUSE APPEARING THEREFORE, it is hereby
ORDERED that pending the hearing of the motion for a preliminary injunction,
Defendants and anyone acting on Defendants’ behalf are temporarily restrained and enjoined from
conducting the proposed Auction of plaintiffs Hello Living Developer Nostrand LLC’s
membership interest in the Collateral currently scheduled for September 21, 2022 at 2 p.m.; and it
is further
ORDERED, that the Auction sale of the Collateral currently scheduled for September 21,
2022 at 2 p.m. is hereby canceled; and it is further
ORDERED, that service of a copy of this Order To Show Cause and the papers upon
which it is based, shall be made upon Defendants by electronic mail to Defendants’ counsel, Kriss
& Feuerstein LLP, 360 Lexington Avenue, Suite 1200, New York, New York 10017, attention:
Jerold C. Feuerstein, Esq., jfeuerstein@kandfllp.com, and upon Nostrand Mezz Lender, LLC by
electronic mail to itscounsel, Greenberg Traurig LLP, 500 Campus Drive, Suite 400, Florham
Park, New Jersey 07932-0677, attention Cory M. Gray, Esq., grayc@gtlaw.com, and such service
shall be deemed good and sufficient; and it is further
ORDERED, that any opposition, if any, shall be served upon Kudman Trachten Aloe
Posner LLP, 800 Third Avenue, 11th Floor, New York, New York 10022, Attention: Paul H. Aloe,
2
Esq., and the Law Offices of Victor A. Worms, 48 Wall Street, Suite 1100, New York, New York
10005, Attention: Victor A. Worms, Esq., by NYSCEF, at least three (3) days before the return
date of this application.
ENTER:
_______________
J.S.C
3
Preview
At an IAS Part____ of the Supreme Court of the State of New York, County of Rockland, located at 1 South Main Street, New City, New York, on the ____day of September, 2022 PRESENT: Hon. ________________, J.S.C HELLO LIVING DEVELOPER NOSTRAND LLC and HELLO NOSTRAND LLC, Index No: 034885/2021 Plaintiffs, [PROPOSED] ORDER TO SHOW CAUSE FOR A - against - TEMPORARY RESTRAINING ORDER AND 1580 NOSTRAND MEZZ LLC and MADISON PRELIMINARY REALTY CAPITAL LP, INJUNCTION Defendants. Upon the reading and filing of the annexed Affidavit of Paul J. Korngold dated September 16, 2022 (“Korngold Affidavit”), together with the exhibits annexed thereto; the annexed Affirmation of Paul H. Aloe dated September 16, 2022 (“Aloe Affirmation”), together with the exhibits annexed thereto; and the Plaintiffs’ Memorandum of Law in Support of their Motion for a Preliminary Injunction and Temporary Restraining Order (“Memorandum of Law”); and upon all the previous pleadings and proceedings had herein; LET the defendants 1580 Nostrand Mezz LLC and Madison Realty Capital, L.P. (collectively “Defendants”) show cause before the Supreme Court of the State of New York, Rockland County, Part ___, located at 1 South Main Street, New City, New York 10956, on the _____ day of _________, 2022 at _______ o’clock [a.m./p.m.], or as soon thereafter as counsel can be heard, why an order should not be entered granting the following relief: (i) adding Nostrand Mezz Lender, LLC, the current payee of the Collateral at issue, as a party defendant, and (ii) pursuant to CPLR 6301, issuing a preliminary injunction directing (a) that the “Summary of Path for 421A” document be withdrawn from the data room and replaced with correct and accurate information concerning the property’s 421a tax abatement eligibility and (b) that Nostrand Mezz Lender LLC adjourn the UCC sale currently scheduled to take place on September 21, 2022, at 2:00 p.m., for at least thirty (30) days to allow sufficient time for this material information to be published to the market at large and disseminated to prospective bidders who have previously inquired with The Corbin Group/Rosewood Realty. SUFFICIENT CAUSE APPEARING THEREFORE, it is hereby ORDERED that pending the hearing of the motion for a preliminary injunction, Defendants and anyone acting on Defendants’ behalf are temporarily restrained and enjoined from conducting the proposed Auction of plaintiffs Hello Living Developer Nostrand LLC’s membership interest in the Collateral currently scheduled for September 21, 2022 at 2 p.m.; and it is further ORDERED, that the Auction sale of the Collateral currently scheduled for September 21, 2022 at 2 p.m. is hereby canceled; and it is further ORDERED, that service of a copy of this Order To Show Cause and the papers upon which it is based, shall be made upon Defendants by electronic mail to Defendants’ counsel, Kriss & Feuerstein LLP, 360 Lexington Avenue, Suite 1200, New York, New York 10017, attention: Jerold C. Feuerstein, Esq., jfeuerstein@kandfllp.com, and upon Nostrand Mezz Lender, LLC by electronic mail to itscounsel, Greenberg Traurig LLP, 500 Campus Drive, Suite 400, Florham Park, New Jersey 07932-0677, attention Cory M. Gray, Esq., grayc@gtlaw.com, and such service shall be deemed good and sufficient; and it is further ORDERED, that any opposition, if any, shall be served upon Kudman Trachten Aloe Posner LLP, 800 Third Avenue, 11th Floor, New York, New York 10022, Attention: Paul H. Aloe, 2 Esq., and the Law Offices of Victor A. Worms, 48 Wall Street, Suite 1100, New York, New York 10005, Attention: Victor A. Worms, Esq., by NYSCEF, at least three (3) days before the return date of this application. ENTER: _______________ J.S.C 3