On March 12, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Stahl Midtown Properties Llc,
and
49 Broadway Llc,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/12/2018 06:27 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/12/2018
ucs-moc
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF New York
x Index No: 651160/2018
Stahl Midtown Properties LLC
RJi No. (ifany):
Plaintiff(s)/Petitioner(s)
-ª°ª'""*-
COMMERCIAL DIVISION
49 Broadway LLC
Request for Judicial Intervention Addendum
Defendant(s)/Respondent(s)
X
COMPLETE WHERE APPLICABLE [add additional pages ifneeded]:
Plaintiff/Petitioner's cause(s) of action [check allthat apply]:
O Breach of contract
or fiduciary
duty,fraud, business
misrepresentation, tort(e.g.unfair or statutory
competition), and/orcommon
law violation
wherethe breach or violation
is alleged
to arise
out of business
dealings(e.g.
sales of assets
or securities;
corporate
restructuring;
partnership, joint
shareholder, venture,and otherbusinessagreements;trade restrictive
secrets; covenants;and
employment agreements not including
claimsthat involve
principally alleged practices)
discriminatory
O Transactionsgoverned by theUniform Commercial Code (exclusive
of thoseconcerningindividual
cooperativeor condominium
units)
Transactions commercial
involving real property, Yellowstone
including injunctions
and excludingactionsfor the
payment of rent
only
Shareholder derivative
actions- withoutconsiderationof the threshold
O monetary
Commercial -
class actions withoutconsiderationof the threshold
O monetary
O Businesstransactions or arising
involving out of dealings
withcommercial banks and otherfinancial
institutions
O Internal of business
affairs organizations
O Malpracticeby accountants and legal
or actuaries, malpracticearisingout of representation
in commercialmatters
O Environmental insurancecoverage
O Commercial insurancecoverage (e.g.
directorsand officers,
errorsand omissions,
and businessinterruptioncoverage)
Dissolution
of corporations, limited
partnerships, companies, limited and joint
partnerships ventures- without
O liability liability
consideration
of themonetary threshold
O Applicationsto stay
or compelarbitration
and affirmor disaffirm
arbitration
awards and related
injunctiverelief
pursuantto CPLR
Article
75 involvingany of the foregoing
enumerated commercial issues -withoutconsiderationof the
monetary threshold
Plaintiff/Petitioner's claim for compensatory damages [exclusive of punitivedamages, interest,costs and counsel fees claimed]:
Plaintiff/Petitioner's claim for equitable or declaratory relief[briefdescription]:
P seeks Yellowstoneor prelim.
inj. and TRO D
enjoining from P's
terminating commerciallease and oustingP frompremises based on
allegeddefaultsin Notice
to Cure; the expiration
staying/tolling of curepd. in notice;
declaringP not in default.
Defendant/Respondent's counterclaim(s) [briefdescription,including claim for monetary relief]:
I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I CERTIFY THAT THE CASE MEETS THE
JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR § 202.70(a), (b) and (c).
Dated: 03/12/2018 DAVID S TANNENBAUM
SIGNATURE
DAVID S TANNENBAUM
This form was generated by NYSCEF PRINT OR TYPE NAME
1 of 1
Document Filed Date
March 12, 2018
Case Filing Date
March 12, 2018
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 03/12/2018 06:27 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/12/2018 ucs-moc SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF New York x Index No: 651160/2018 Stahl Midtown Properties LLC RJi No. (ifany): Plaintiff(s)/Petitioner(s) -ª°ª'""*- COMMERCIAL DIVISION 49 Broadway LLC Request for Judicial Intervention Addendum Defendant(s)/Respondent(s) X COMPLETE WHERE APPLICABLE [add additional pages ifneeded]: Plaintiff/Petitioner's cause(s) of action [check allthat apply]: O Breach of contract or fiduciary duty,fraud, business misrepresentation, tort(e.g.unfair or statutory competition), and/orcommon law violation wherethe breach or violation is alleged to arise out of business dealings(e.g. sales of assets or securities; corporate restructuring; partnership, joint shareholder, venture,and otherbusinessagreements;trade restrictive secrets; covenants;and employment agreements not including claimsthat involve principally alleged practices) discriminatory O Transactionsgoverned by theUniform Commercial Code (exclusive of thoseconcerningindividual cooperativeor condominium units) Transactions commercial involving real property, Yellowstone including injunctions and excludingactionsfor the payment of rent only Shareholder derivative actions- withoutconsiderationof the threshold O monetary Commercial - class actions withoutconsiderationof the threshold O monetary O Businesstransactions or arising involving out of dealings withcommercial banks and otherfinancial institutions O Internal of business affairs organizations O Malpracticeby accountants and legal or actuaries, malpracticearisingout of representation in commercialmatters O Environmental insurancecoverage O Commercial insurancecoverage (e.g. directorsand officers, errorsand omissions, and businessinterruptioncoverage) Dissolution of corporations, limited partnerships, companies, limited and joint partnerships ventures- without O liability liability consideration of themonetary threshold O Applicationsto stay or compelarbitration and affirmor disaffirm arbitration awards and related injunctiverelief pursuantto CPLR Article 75 involvingany of the foregoing enumerated commercial issues -withoutconsiderationof the monetary threshold Plaintiff/Petitioner's claim for compensatory damages [exclusive of punitivedamages, interest,costs and counsel fees claimed]: Plaintiff/Petitioner's claim for equitable or declaratory relief[briefdescription]: P seeks Yellowstoneor prelim. inj. and TRO D enjoining from P's terminating commerciallease and oustingP frompremises based on allegeddefaultsin Notice to Cure; the expiration staying/tolling of curepd. in notice; declaringP not in default. Defendant/Respondent's counterclaim(s) [briefdescription,including claim for monetary relief]: I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I CERTIFY THAT THE CASE MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR § 202.70(a), (b) and (c). Dated: 03/12/2018 DAVID S TANNENBAUM SIGNATURE DAVID S TANNENBAUM This form was generated by NYSCEF PRINT OR TYPE NAME 1 of 1