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.
Preview
FILED: ROCKLAND COUNTY CLERK 09/19/2022 07:29 AM INDEX NO. 034885/2021
NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 09/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
HELLO LIVING DEVELOPER NOSTRAND LLC Index No: 034885/2021
and HELLO NOSTRAND LLC,
EMERGENCY
Plaintiffs, AFFIRMATION OF PAUL H.
ALOE IN SUPPORT OF
- against - PLAINTIFFS’ MOTION FOR
A TEMPORARY
1580 NOSTRAND MEZZ LLC and MADISON RESTRAINING ORDER AND
REALTY CAPITAL LP, PRELIMINARY
INJUNCTION
Defendants.
Paul H. Aloe, an attorney duly admitted to practice law in the courts of the State of New
York, affirms the following to be true under penalties of perjury:
1. I am a partner with Kudman Trachten Aloe Posner LLP, co-counsel for plaintiffs
Hello Living Developer Nostrand LLC (“Developer”) and Hello Nostrand LLC (“Hello”). I am
familiar with the proceedings in this case.
2. I respectfully submit this affirmation for an emergency hearing on plaintiffs’
request for a temporary restraining order.
3. Plaintiffs’ application was filed on September 16, 2022, immediately after plaintiffs
learned of misleading information in the data room maintained for the UCC sale that has been
scheduled for September 21, 2022. The bid deadline has been set for September 19, 2022. Court
intervention is needed on an emergency basis.
4. In the conference September 12, 2022, the Court directed the Mezz Lender to
provide the notice of sale, the bidding procedures and the other information referred to plaintiffs.
On September 13, 2022, plaintiffs were provided with the notice. They then requested the
additional information referred to, and were thereafter provided the information in the data room.
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FILED: ROCKLAND COUNTY CLERK 09/19/2022 07:29 AM INDEX NO. 034885/2021
NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 09/19/2022
Upon receiving the information in the data room, plaintiffs believed that itcontained false and
misleading information with respect to tax abatement status of the underlying property designed
to chill the sale Plaintiffs promptly retained and consulted with Paul Korngold, a NYC tax
abatement expert, to verify their concerns, which were verified on September 16, 2022. Plaintiffs
thereupon promptly filed an order to show cause, and Mr. Korngold’s affidavit. Plaintiffs provided
a courtesy copy of the papers to counsel for defendants (Jerold Feuerstein, Esq.), counsel for the
mezzanine lender (Cory M. Gray, Esq.), and counsel for the mortgage lender (Gayle Pollack, Esq.)
immediately after filing.
5. Plaintiffs request the TRO be entered on an emergency basis, and are available for
a “Teams” conference at any time at the Court’s direction.
Dated: New York, New York
September 19, 2022
By:
_______________________
Paul H. Aloe
KUDMAN TRACHTEN ALOE POSNER LLP
800 Third Avenue, 11th Floor
New York, New York 10022
Tel: (212) 868-1010
Attorneys for Plaintiffs Hello Living Developer
Nostrand LLC and Hello Nostrand LLC
2
2 of 2
Document Filed Date
September 19, 2022
Case Filing Date
August 17, 2021
Category
Commercial - Business Entity
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FILED: ROCKLAND COUNTY CLERK 09/19/2022 07:29 AM INDEX NO. 034885/2021 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 09/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND HELLO LIVING DEVELOPER NOSTRAND LLC Index No: 034885/2021 and HELLO NOSTRAND LLC, EMERGENCY Plaintiffs, AFFIRMATION OF PAUL H. ALOE IN SUPPORT OF - against - PLAINTIFFS’ MOTION FOR A TEMPORARY 1580 NOSTRAND MEZZ LLC and MADISON RESTRAINING ORDER AND REALTY CAPITAL LP, PRELIMINARY INJUNCTION Defendants. Paul H. Aloe, an attorney duly admitted to practice law in the courts of the State of New York, affirms the following to be true under penalties of perjury: 1. I am a partner with Kudman Trachten Aloe Posner LLP, co-counsel for plaintiffs Hello Living Developer Nostrand LLC (“Developer”) and Hello Nostrand LLC (“Hello”). I am familiar with the proceedings in this case. 2. I respectfully submit this affirmation for an emergency hearing on plaintiffs’ request for a temporary restraining order. 3. Plaintiffs’ application was filed on September 16, 2022, immediately after plaintiffs learned of misleading information in the data room maintained for the UCC sale that has been scheduled for September 21, 2022. The bid deadline has been set for September 19, 2022. Court intervention is needed on an emergency basis. 4. In the conference September 12, 2022, the Court directed the Mezz Lender to provide the notice of sale, the bidding procedures and the other information referred to plaintiffs. On September 13, 2022, plaintiffs were provided with the notice. They then requested the additional information referred to, and were thereafter provided the information in the data room. 1 of 2 FILED: ROCKLAND COUNTY CLERK 09/19/2022 07:29 AM INDEX NO. 034885/2021 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 09/19/2022 Upon receiving the information in the data room, plaintiffs believed that itcontained false and misleading information with respect to tax abatement status of the underlying property designed to chill the sale Plaintiffs promptly retained and consulted with Paul Korngold, a NYC tax abatement expert, to verify their concerns, which were verified on September 16, 2022. Plaintiffs thereupon promptly filed an order to show cause, and Mr. Korngold’s affidavit. Plaintiffs provided a courtesy copy of the papers to counsel for defendants (Jerold Feuerstein, Esq.), counsel for the mezzanine lender (Cory M. Gray, Esq.), and counsel for the mortgage lender (Gayle Pollack, Esq.) immediately after filing. 5. Plaintiffs request the TRO be entered on an emergency basis, and are available for a “Teams” conference at any time at the Court’s direction. Dated: New York, New York September 19, 2022 By: _______________________ Paul H. Aloe KUDMAN TRACHTEN ALOE POSNER LLP 800 Third Avenue, 11th Floor New York, New York 10022 Tel: (212) 868-1010 Attorneys for Plaintiffs Hello Living Developer Nostrand LLC and Hello Nostrand LLC 2 2 of 2