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.
Preview
FILED: NEW YORK COUNTY CLERK 05/12/2022 03:45 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JARDAN 520, LLC,
Petitioner,
v.
AFFIRMATION OF
BVS ACQUISITION CO. LLC, M&T BANK; and STACEY L. MOAR, ESQ
86 TH STREET LENDER LLP, INDEX NO. 153512/2022
Respondents.
STATE OF NEW YORK )
COUNTY OF ERIE ) ss:
STACEY L. MOAR, ESQ., being duly sworn, deposes and says:
1. I am Senior Vice President and Associate General Counsel of Defendant M&T
Bank Corporation (“M&T”). I make this Affirmation in relation to the above-captioned matter.
2. The Petitioner correctly and accurately alleges that M&T Bank received a
Restraining Notice, Exemption Notice with 2 Exemption Claim Forms, and Information Subpoena,
as well as a copy of the Judgment and Affirmation of K. Heather Robinson filed on June 30, 2021.
3. M&T has no interest in the funds (other than as a depository institution), no
objection to the above identified restraints, and in response to the notices, restrained the funds held
in an account owned by BVS Acquisition Co. LLC.
4. M&T intended to release the funds following receipt of an Execution Notice to
Garnishee from the Office of the Sheriff on or about February 11, 2022, but did not do so because
of legal action threatened by 86 th Street Lender LLP.
5. M&T has not received an execution order from 86 th Street Lender LLP and has no
knowledge regarding its alleged claim to the funds sought by Petitioner.
1 of 2
FILED: NEW YORK COUNTY CLERK 05/12/2022 03:45 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/12/2022
6. M&T has no objection to releasing the funds to the Petitioner in accordance with
the Execution Notice to Garnishee from the Office of the Sheriff, however, given the legal threats
from 86 th Street, will only release the funds upon receipt of a court order directing it to do so.
DATED: May 12, 2022
Stacey L. Moar, Esq.
Senior Vice President,
Associate General Counsel
M&T Bank
2 of 2
Document Filed Date
May 12, 2022
Case Filing Date
April 25, 2022
Category
Special Proceedings - Other (Turnover of Assets)
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FILED: NEW YORK COUNTY CLERK 05/12/2022 03:45 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JARDAN 520, LLC, Petitioner, v. AFFIRMATION OF BVS ACQUISITION CO. LLC, M&T BANK; and STACEY L. MOAR, ESQ 86 TH STREET LENDER LLP, INDEX NO. 153512/2022 Respondents. STATE OF NEW YORK ) COUNTY OF ERIE ) ss: STACEY L. MOAR, ESQ., being duly sworn, deposes and says: 1. I am Senior Vice President and Associate General Counsel of Defendant M&T Bank Corporation (“M&T”). I make this Affirmation in relation to the above-captioned matter. 2. The Petitioner correctly and accurately alleges that M&T Bank received a Restraining Notice, Exemption Notice with 2 Exemption Claim Forms, and Information Subpoena, as well as a copy of the Judgment and Affirmation of K. Heather Robinson filed on June 30, 2021. 3. M&T has no interest in the funds (other than as a depository institution), no objection to the above identified restraints, and in response to the notices, restrained the funds held in an account owned by BVS Acquisition Co. LLC. 4. M&T intended to release the funds following receipt of an Execution Notice to Garnishee from the Office of the Sheriff on or about February 11, 2022, but did not do so because of legal action threatened by 86 th Street Lender LLP. 5. M&T has not received an execution order from 86 th Street Lender LLP and has no knowledge regarding its alleged claim to the funds sought by Petitioner. 1 of 2 FILED: NEW YORK COUNTY CLERK 05/12/2022 03:45 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/12/2022 6. M&T has no objection to releasing the funds to the Petitioner in accordance with the Execution Notice to Garnishee from the Office of the Sheriff, however, given the legal threats from 86 th Street, will only release the funds upon receipt of a court order directing it to do so. DATED: May 12, 2022 Stacey L. Moar, Esq. Senior Vice President, Associate General Counsel M&T Bank 2 of 2