On April 25, 2022 a
Party Statement
was filed
involving a dispute between
Jardan 520 Llc,
and
86Th Street Lender Llp,
Bvs Acquisition Co. Llc,
M&T Bank,
for Special Proceedings - Other (Turnover of Assets)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 05/06/2022 03:23 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JARDAN 520 LLC
Index No. 153512/2022
Petitioner,
v. AFFIRMATION OF BRADLEY L. RICE
BVS ACQUISITION CO. LLC; M&T
BANK; AND 86TH STREET LENDER, LLP,
Respondents.
Bradley L. Rice, an attorney duly admitted to practice before
the courts of the State of New York, hereby affirms that the
following is true and correct:
1. I am a partner at Nagel Rice, LLP, counsel to Plaintiff
86th STREET LENDER LLP, (“86th Street”) in this matter. I am fully
familiar with the facts and circumstances set forth herein.
2. Attached as Exhibit 1 hereto is a true and correct copy
of a Restraining Notice sent by 86th Street Lender LLC to M&T Bank,
dated March 2, 2022.
3. Attached as Exhibit 2 hereto is a true and correct copy
of a letter from Bruce H. Nagel, Esq. to M&T Bank, dated March 3,
2022.
4. Attached as Exhibit 3 hereto is a true and correct copy
of the March 25, 2022 Settlement Agreement.
Dated: Roseland, NJ
May 6, 2022
NAGEL RICE, LLP
Attorneys for Plaintiff
BY: /s/ Bradley L. Rice
Bradley L. Rice
1
1 of 3
FILED: NEW YORK COUNTY CLERK 05/06/2022 03:23 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/06/2022
230 Park Avenue
Suite 1000
New York, NY 10029
Phone: (212) 551-1465
103 Eisenhower Parkway
Roseland, NJ 07068
Phone: (973) 618-0400
(Please respond to Roseland
office)
2
2 of 3
FILED: NEW YORK COUNTY CLERK 05/06/2022 03:23 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/06/2022
CERTIFICATION OF COUNSEL
Pursuant to Rule 17 of the Rules of Practice for the Commercial Division, the foregoing
affirmation was prepared on a computer using Microsoft Word. As confirmed by the word count
system in Microsoft Word, the total number of words in this affirmation, excluding the caption
and signature block, is 1,493 words.
NAGEL RICE, LLP
Attorneys for Plaintiff
BY:_____Greg M. Kohn__________
GREG M. KOHN
Dated: February May 176, 2022
3
3 of 3
Document Filed Date
May 06, 2022
Case Filing Date
April 25, 2022
Category
Special Proceedings - Other (Turnover of Assets)
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FILED: NEW YORK COUNTY CLERK 05/06/2022 03:23 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JARDAN 520 LLC Index No. 153512/2022 Petitioner, v. AFFIRMATION OF BRADLEY L. RICE BVS ACQUISITION CO. LLC; M&T BANK; AND 86TH STREET LENDER, LLP, Respondents. Bradley L. Rice, an attorney duly admitted to practice before the courts of the State of New York, hereby affirms that the following is true and correct: 1. I am a partner at Nagel Rice, LLP, counsel to Plaintiff 86th STREET LENDER LLP, (“86th Street”) in this matter. I am fully familiar with the facts and circumstances set forth herein. 2. Attached as Exhibit 1 hereto is a true and correct copy of a Restraining Notice sent by 86th Street Lender LLC to M&T Bank, dated March 2, 2022. 3. Attached as Exhibit 2 hereto is a true and correct copy of a letter from Bruce H. Nagel, Esq. to M&T Bank, dated March 3, 2022. 4. Attached as Exhibit 3 hereto is a true and correct copy of the March 25, 2022 Settlement Agreement. Dated: Roseland, NJ May 6, 2022 NAGEL RICE, LLP Attorneys for Plaintiff BY: /s/ Bradley L. Rice Bradley L. Rice 1 1 of 3 FILED: NEW YORK COUNTY CLERK 05/06/2022 03:23 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/06/2022 230 Park Avenue Suite 1000 New York, NY 10029 Phone: (212) 551-1465 103 Eisenhower Parkway Roseland, NJ 07068 Phone: (973) 618-0400 (Please respond to Roseland office) 2 2 of 3 FILED: NEW YORK COUNTY CLERK 05/06/2022 03:23 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/06/2022 CERTIFICATION OF COUNSEL Pursuant to Rule 17 of the Rules of Practice for the Commercial Division, the foregoing affirmation was prepared on a computer using Microsoft Word. As confirmed by the word count system in Microsoft Word, the total number of words in this affirmation, excluding the caption and signature block, is 1,493 words. NAGEL RICE, LLP Attorneys for Plaintiff BY:_____Greg M. Kohn__________ GREG M. KOHN Dated: February May 176, 2022 3 3 of 3