Preview
FILED: NEW YORK COUNTY CLERK 07/12/2022 12:10 AM INDEX NO. 650791/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 07/12/2022
EXHIBIT N
TO AFFIRMATION OF RANDALL L. RASEY DATED JULY 9, 2022
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/24/2022
07/12/2022 08:38
12:10 PM
AM INDEX
INDEX NO.
NO. 650791/2020
650791/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 74
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 05/24/2022
07/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK : IAS PART 37
152 SECOND REALTY LLC Index No.: 650791/2020
Arthur Engoron, J.S.C.
Plaintiff,
v.
PURE GREEN NYC 10TH STREET CORP. AFFIRMATION OF
and JASON PAEZ, RANDALL L. RASEY IN
OPPOSITION TO PLAINTIFF’S
Defendants. CROSS-MOTION
RANDALL L. RASEY, an attorney duly admitted to practice law before the Courts of
the State of New York, affirms the following to be true under penalties of perjury:
1. I am a partner of the law offices of Barton LLP, attorneys for defendants Pure
Green NYC 10th Street Corp. and Jason Paez in the above-captioned action, and submit this
affirmation in opposition to plaintiff 152 Second Realty LLC’s cross-motion seeking an order
pursuant to CPLR 5225(a) directing Mr. Paez to turn over his interests in a cooperative
apartment located at 401 West End Avenue, Unit 1A, in Manhattan (referred to in plaintiff’s
cross-moving papers and herein as the “Property”), or, alternatively, in the event the Court grants
defendants’ pending motion to vacate the default judgment entered against them (Motion Seq.
No. 2), for prejudgment attachment, pursuant to CPLR 6201, et seq., of the Property. Although
plaintiff purports to cross-move for relief against both defendants, its cross-motion concerns only
Mr. Paez’s Property.
2. To the extent plaintiff seeks an order directing Mr. Paez “to immediately turn
over to the New York County Sheriff his interest in his [Property] and all proceeds of the lease
and sale of the Property in the possession and/or control of Defendant Guarantor [i.e., Mr. Paez]
directly to Plaintiff to the extent necessary to satisfy the Judgment entered on January 19, 2022
00635723.000.DOCX
1 of 4
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/24/2022
07/12/2022 08:38
12:10 PM
AM INDEX
INDEX NO.
NO. 650791/2020
650791/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 74
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 05/24/2022
07/12/2022
… in favor of Plaintiff” (Notice of Cross-Motion, NYSCEF 67), I note that plaintiff already has a
judgment lien recorded against the Property in the amount of $1,301,453.07.
3. The judgment lien was discovered in the course of due diligence after Mr. Paez
entered into a contract to sell the Property for $450,000. Annexed hereto as Exhibit N is a true
copy of the judgment lien as provided to us by Mr. Paez’s real estate attorney, who advises us
that, unsurprisingly, the buyer will not proceed with the transaction because of the judgment lien.
4. I am informed by Mr. Paez and his real estate attorney that the Property is
subject to a mortgage lien, a second lien relating to its use as collateral for a business loan, and
federal and New York state tax liens, and that Mr. Paez will not realize any net proceeds from a
sale of the Property. I am further informed by my colleague Maurice N. Ross that he has
provided documentary evidence thereof to plaintiff’s counsel, Scott Swanson, in the course of
settlement discussions.
5. Therefore, to the extent that plaintiff or its counsel are concerned that Mr. Paez
may sell the Property “and redirect its proceeds outside of the state to avoid payment to Plaintiff”
(Plaintiff’s Memo. of Law (NYSCEF 68), at 4), there would not appear to be any real risk of that
happening, regardless of whether the default Judgment is vacated.
6. With regard to plaintiff’s application for pre-judgment attachment of the Property
in the event the default Judgment is vacated, plaintiff has not submitted any evidence or non-
conclusory factual statements to show how it would overcome the limited scope of Mr. Paez’s
“good guy” guaranty in order for this Court to find him liable for all of the alleged indebtedness
of Pure Green NYC 10th Street Corp. under its lease agreement with plaintiff, or any other basis
for this Court to find a likelihood of success to justify pre-judgment attachment or disclosure
under Article 62 of the CPLR.
2
2 of 4
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/24/2022
07/12/2022 08:38
12:10 PM
AM INDEX
INDEX NO.
NO. 650791/2020
650791/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 74
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 05/24/2022
07/12/2022
7. Pursuant to the parties’ consent stipulation dated April 28, 2022 and filed in this
Court on May 2, 2022 (NYSCEF 66), defendants will file their reply papers on their pending
motion to vacate the default judgment by May 27, 2022.
8. Thank you for the Court’s consideration.
Dated May 24, 2022 in New York, New York.
________________________________
___________________
_ _______________
Randall L. Rasey y
3
3 of 4
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/24/2022
07/12/2022 08:38
12:10 PM
AM INDEX
INDEX NO.
NO. 650791/2020
650791/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 74
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 05/24/2022
07/12/2022
CERTIFICATION PURSUANT TO SECTION 202.8-b(c)
OF THE UNIFORM RULES FOR THE SUPREME COURT
I hereby certify that the foregoing Affidavit complies with the word count limit of
Section 202.8-b(a) of the Uniform Rules, in that it contains 612 words, exclusive of the caption
and signature block thereof, as indicated by MS Word, the word-processing application used to
create the document.
Dated May 24, 2022 in New York, New York.
_______________________________
_____
___________
_______
__ ____
_ _____
Randall L. Rasey ey
ey
BARTON LLP
Attorneys for Defendants Pure Green NYC 10th
Street Corp. and Jason Paez
4
4 of 4
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/24/2022
07/12/2022 08:38
12:10 PM
AM INDEX
INDEX NO.
NO. 650791/2020
650791/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 75
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 05/24/2022
07/12/2022
EXHIBIT N
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/24/2022
07/12/2022 08:38
12:10 PM
AM INDEX3DJHRI
INDEX NO.
NO. 650791/2020
650791/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 75
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 05/24/2022
07/12/2022
'DWD7UDFH
-XGJPHQW'RFNHW /LHQ,QIRUPDWLRQ
-XGJPHQW'RFNHW&RQWURO1XPEHU
)RU3$(=-$6LQ1(:<25.&2817<
'RFNHWLQJ'DWD 6RXUFH'RFXPHQW
'RFNHWLQJ'DWH 7\SH --8'*0(176
'RFNHWLQJ7LPH &RXQW\ 1(:<25.
(IIHFWLYH'DWH &RXUW 66835(0(&2857
(IIHFWLYH7LPH 7RWDO'HEWRUV
&OHUN6HT 56$9,121 ,QGH[
'HEWRU&RUSRUDWLRQ &UHGLWRU
1DPH 3$(=-$621 7\SH , 1DPH 6(&21'5($/7<//& 7\SH &
$GGUHVV 3($&+75((5'1(81,7 $GGUHVV /$)$<(77(677+)/225
&LW\ $7/$17$*$ =LS&RGH &LW\ 1(:<25.1< =LS&RGH
2FFXSDWLRQ
&UHGLWRU$WWRUQH\ 6DWLVIDWLRQ'DWD
1DPH &(59,1,6:$1621//3 7\SH & 6KHULII V
7\SH
$GGUHVV /(;,1*721$9(67( ([HFXWLRQ
&LW\ 1(:<25.1< =LS&RGH 'DWH 2SHUDWRU,'
$PRXQW 'RZQORDG'DWH
5HPDUNV
1R5HPDUNV
Preview
FILED: NEW YORK COUNTY CLERK 07/12/2022 12:10 AM INDEX NO. 650791/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 07/12/2022 EXHIBIT N TO AFFIRMATION OF RANDALL L. RASEY DATED JULY 9, 2022 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/24/2022 07/12/2022 08:38 12:10 PM AM INDEX INDEX NO. NO. 650791/2020 650791/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 74 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/24/2022 07/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK : IAS PART 37 152 SECOND REALTY LLC Index No.: 650791/2020 Arthur Engoron, J.S.C. Plaintiff, v. PURE GREEN NYC 10TH STREET CORP. AFFIRMATION OF and JASON PAEZ, RANDALL L. RASEY IN OPPOSITION TO PLAINTIFF’S Defendants. CROSS-MOTION RANDALL L. RASEY, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following to be true under penalties of perjury: 1. I am a partner of the law offices of Barton LLP, attorneys for defendants Pure Green NYC 10th Street Corp. and Jason Paez in the above-captioned action, and submit this affirmation in opposition to plaintiff 152 Second Realty LLC’s cross-motion seeking an order pursuant to CPLR 5225(a) directing Mr. Paez to turn over his interests in a cooperative apartment located at 401 West End Avenue, Unit 1A, in Manhattan (referred to in plaintiff’s cross-moving papers and herein as the “Property”), or, alternatively, in the event the Court grants defendants’ pending motion to vacate the default judgment entered against them (Motion Seq. No. 2), for prejudgment attachment, pursuant to CPLR 6201, et seq., of the Property. Although plaintiff purports to cross-move for relief against both defendants, its cross-motion concerns only Mr. Paez’s Property. 2. To the extent plaintiff seeks an order directing Mr. Paez “to immediately turn over to the New York County Sheriff his interest in his [Property] and all proceeds of the lease and sale of the Property in the possession and/or control of Defendant Guarantor [i.e., Mr. Paez] directly to Plaintiff to the extent necessary to satisfy the Judgment entered on January 19, 2022 00635723.000.DOCX 1 of 4 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/24/2022 07/12/2022 08:38 12:10 PM AM INDEX INDEX NO. NO. 650791/2020 650791/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 74 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/24/2022 07/12/2022 … in favor of Plaintiff” (Notice of Cross-Motion, NYSCEF 67), I note that plaintiff already has a judgment lien recorded against the Property in the amount of $1,301,453.07. 3. The judgment lien was discovered in the course of due diligence after Mr. Paez entered into a contract to sell the Property for $450,000. Annexed hereto as Exhibit N is a true copy of the judgment lien as provided to us by Mr. Paez’s real estate attorney, who advises us that, unsurprisingly, the buyer will not proceed with the transaction because of the judgment lien. 4. I am informed by Mr. Paez and his real estate attorney that the Property is subject to a mortgage lien, a second lien relating to its use as collateral for a business loan, and federal and New York state tax liens, and that Mr. Paez will not realize any net proceeds from a sale of the Property. I am further informed by my colleague Maurice N. Ross that he has provided documentary evidence thereof to plaintiff’s counsel, Scott Swanson, in the course of settlement discussions. 5. Therefore, to the extent that plaintiff or its counsel are concerned that Mr. Paez may sell the Property “and redirect its proceeds outside of the state to avoid payment to Plaintiff” (Plaintiff’s Memo. of Law (NYSCEF 68), at 4), there would not appear to be any real risk of that happening, regardless of whether the default Judgment is vacated. 6. With regard to plaintiff’s application for pre-judgment attachment of the Property in the event the default Judgment is vacated, plaintiff has not submitted any evidence or non- conclusory factual statements to show how it would overcome the limited scope of Mr. Paez’s “good guy” guaranty in order for this Court to find him liable for all of the alleged indebtedness of Pure Green NYC 10th Street Corp. under its lease agreement with plaintiff, or any other basis for this Court to find a likelihood of success to justify pre-judgment attachment or disclosure under Article 62 of the CPLR. 2 2 of 4 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/24/2022 07/12/2022 08:38 12:10 PM AM INDEX INDEX NO. NO. 650791/2020 650791/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 74 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/24/2022 07/12/2022 7. Pursuant to the parties’ consent stipulation dated April 28, 2022 and filed in this Court on May 2, 2022 (NYSCEF 66), defendants will file their reply papers on their pending motion to vacate the default judgment by May 27, 2022. 8. Thank you for the Court’s consideration. Dated May 24, 2022 in New York, New York. ________________________________ ___________________ _ _______________ Randall L. Rasey y 3 3 of 4 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/24/2022 07/12/2022 08:38 12:10 PM AM INDEX INDEX NO. NO. 650791/2020 650791/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 74 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/24/2022 07/12/2022 CERTIFICATION PURSUANT TO SECTION 202.8-b(c) OF THE UNIFORM RULES FOR THE SUPREME COURT I hereby certify that the foregoing Affidavit complies with the word count limit of Section 202.8-b(a) of the Uniform Rules, in that it contains 612 words, exclusive of the caption and signature block thereof, as indicated by MS Word, the word-processing application used to create the document. Dated May 24, 2022 in New York, New York. _______________________________ _____ ___________ _______ __ ____ _ _____ Randall L. Rasey ey ey BARTON LLP Attorneys for Defendants Pure Green NYC 10th Street Corp. and Jason Paez 4 4 of 4 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/24/2022 07/12/2022 08:38 12:10 PM AM INDEX INDEX NO. NO. 650791/2020 650791/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 75 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/24/2022 07/12/2022 EXHIBIT N FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/24/2022 07/12/2022 08:38 12:10 PM AM INDEX3DJHRI INDEX NO. NO. 650791/2020 650791/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 75 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/24/2022 07/12/2022 'DWD7UDFH -XGJPHQW'RFNHW /LHQ,QIRUPDWLRQ -XGJPHQW'RFNHW&RQWURO1XPEHU )RU3$(=-$6LQ1(:<25.&2817< 'RFNHWLQJ'DWD 6RXUFH'RFXPHQW 'RFNHWLQJ'DWH 7\SH --8'*0(176 'RFNHWLQJ7LPH &RXQW\ 1(:<25. (IIHFWLYH'DWH &RXUW 66835(0(&2857 (IIHFWLYH7LPH 7RWDO'HEWRUV &OHUN6HT 56$9,121 ,QGH[ 'HEWRU&RUSRUDWLRQ &UHGLWRU 1DPH 3$(=-$621 7\SH , 1DPH 6(&21'5($/7<//& 7\SH & $GGUHVV 3($&+75((5'1(81,7 $GGUHVV /$)$<(77(677+)/225 &LW\ $7/$17$*$ =LS&RGH &LW\ 1(:<25.1< =LS&RGH 2FFXSDWLRQ &UHGLWRU$WWRUQH\ 6DWLVIDWLRQ'DWD 1DPH &(59,1,6:$1621//3 7\SH & 6KHULII V 7\SH $GGUHVV /(;,1*721$9(67( ([HFXWLRQ &LW\ 1(:<25.1< =LS&RGH 'DWH 2SHUDWRU,' $PRXQW 'RZQORDG'DWH 5HPDUNV 1R5HPDUNV