Letter,Correspondence: Hello Living Developer Nostrand Llc, Hello Nostrand Llc v. 1580 Nostrand Mezz Llc, Madison Realty Capital Lp

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                                Francis M. Curran  Direct (212) 868–0871  fcurran@kudmanlaw.com
                  Admitted in NY, NJ, and FL

                                                                                 October 3, 2022

                  VIA NYSCEF
                  Hon. Paul I. Marx, J.S.C.
                  Rockland County Courthouse
                  1 South Main Street
                  New City, New York 10956

                  RE:      Hello Living Developer Nostrand LLC, et al. v. 1580 Nostrand Mezz LLC, et al.
                           Index No. 034885/2021

                  Your Honor:
                           This firm is co-counsel for plaintiffs in this matter. This letter is in response to the letter of
                  October 3, 2022 submitted by Ms. Pollack as counsel for Nostrand Mezz Lender LLC (“Lender”).
                           Ms. Pollack correctly notes that counsel for plaintiffs proposed that the parties stipulate to
                  discontinue    this  action   without   prejudice.   However,      she  then  asserts   that  “[b]y  after-the-fact
                  seeking   to  add  Nostrand     Mezz   to  the  caption,   particularly   in light  of its proposed     stipulation,
                  Plaintiffs telegraph that they want to keep open their options to continue their frivolous filings.”
                           This is absurd. Plaintiffs want only to maintain their rights to seek legal relief based upon,
                  among other things, the commercially unreasonable foreclosure sale forced by Lender. Agreeing
                  to the stipulation of discontinuance with prejudice demanded by Ms. Pollack would prevent the
                  plaintiffs from pursuing *any* relief against her client – not merely any injunctive relief – based
                  upon collateral estoppel and res judicata. At this point, her flat assertion that potential legal claims
                  related  to  the  recent  sale  would    be frivolous   is  utterly  without   merit.  Her   continued    efforts  to
                  pretend that the Court never granted the plaintiffs’ Motion on the record (and with her consent) at
                  the hearing on September 19, 2022 are similarly meritless.
                           Please let counsel know if you have any questions or need any additional information.

                                                                                 Respectfully submitted,
                                                                                 /s/ Francis M. Curran

                                                                                 Francis M. Curran
                  cc:  Counsel of record (via NYSCEF)




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