On April 25, 2022 a
Motion-Secondary
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 05/16/2022 02:37 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
–––––––––––––––––––––––––––– x
JARDAN 520, LLC, :
: Index No. 153512/2022
Petitioners, :
:
- against - :
: AFFIRMATION OF COUNSEL IN
BVS ACQUISITION CO. LLC; M&T BANK; and : OPPOSITION TO REQUEST FOR
th
86 STREET LENDER LLP : ADJOURNMENT
:
Respondents. :
:
:
:
–––––––––––––––––––––––––––– X
Neil R. Shapiro, Esq., an attorney duly admitted to practice law before the courts of the
State of New York, hereby affirms the following under penalty of perjury:
1. I am a partner with the law firm of Herrick, Feinstein LLP (“Herrick”), attorneys
for Petitioner Jardan 520, LLC (“Jardan” or “Petitioner”). I am fully familiar with the facts and
circumstances set forth herein.
2. A true and correct copy of the Settlement Agreement dated March 25, 2022 (the
“Settlement Agreement”) and its appended Intercreditor Agreement of the same date (the “ICA”)
are appended to the May 13, 2022 letter submission of 86th Street Lender, LLC (“86th Street”),
Dkt. No. 29.
3. Appended hereto as Exhibits 1 and 2 are true and correct email strings among
counsel agreeing to adjourn the Definitive Document Date set forth in the ICA to May 3, 2022.
4. Appended hereto as Exhibit 3 is a true and correct email string among counsel
agreeing to adjourn the Definitive Document Date set forth in the ICA to May 6, 2022.
5. The Definitive Document Date set forth in the ICA has not been further extended
past May 6, 2022.
1 of 3
FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/16/2022
6. The drafting of Definitive Documents in connection with the ICA has not even
commenced much less been consummated.
Dated: May 16, 2022
New York, New York
_____________________________________
Neil R. Shapiro
2
2 of 3
FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/16/2022
6. The of Defmitive
drafting Documents in connection with the ICA has not even
commenced much less been consummated.
Dated: May 16, 2022
New York, New York
Neil R. Shapiro
3 of 3
Document Filed Date
May 16, 2022
Case Filing Date
April 25, 2022
Category
Special Proceedings - Other (Turnover of Assets)
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FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK –––––––––––––––––––––––––––– x JARDAN 520, LLC, : : Index No. 153512/2022 Petitioners, : : - against - : : AFFIRMATION OF COUNSEL IN BVS ACQUISITION CO. LLC; M&T BANK; and : OPPOSITION TO REQUEST FOR th 86 STREET LENDER LLP : ADJOURNMENT : Respondents. : : : : –––––––––––––––––––––––––––– X Neil R. Shapiro, Esq., an attorney duly admitted to practice law before the courts of the State of New York, hereby affirms the following under penalty of perjury: 1. I am a partner with the law firm of Herrick, Feinstein LLP (“Herrick”), attorneys for Petitioner Jardan 520, LLC (“Jardan” or “Petitioner”). I am fully familiar with the facts and circumstances set forth herein. 2. A true and correct copy of the Settlement Agreement dated March 25, 2022 (the “Settlement Agreement”) and its appended Intercreditor Agreement of the same date (the “ICA”) are appended to the May 13, 2022 letter submission of 86th Street Lender, LLC (“86th Street”), Dkt. No. 29. 3. Appended hereto as Exhibits 1 and 2 are true and correct email strings among counsel agreeing to adjourn the Definitive Document Date set forth in the ICA to May 3, 2022. 4. Appended hereto as Exhibit 3 is a true and correct email string among counsel agreeing to adjourn the Definitive Document Date set forth in the ICA to May 6, 2022. 5. The Definitive Document Date set forth in the ICA has not been further extended past May 6, 2022. 1 of 3 FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/16/2022 6. The drafting of Definitive Documents in connection with the ICA has not even commenced much less been consummated. Dated: May 16, 2022 New York, New York _____________________________________ Neil R. Shapiro 2 2 of 3 FILED: NEW YORK COUNTY CLERK 05/16/2022 02:37 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/16/2022 6. The of Defmitive drafting Documents in connection with the ICA has not even commenced much less been consummated. Dated: May 16, 2022 New York, New York Neil R. Shapiro 3 of 3