Preview
At Part 23 of the Supreme Court
of the State of New York, held
in and for the County of New
York, at the Courthouse
located at 60 Centre Street,
New York, New York on the __
day of May 2022.
Present: ___________________
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: GENERAL ASSIGNMENT PART 23
JARDAN 520 LLC
Petitioner, ORAL ARGUMENT REQUESTED
v. Index No. 153512/2022
BVS ACQUISITION CO. LLC; M&T Hon. W. Franc Perry, III,
BANK; AND 86TH STREET LENDER, J.S.C.
LLP,
Respondents.
ORDER TO SHOW CAUSE SEEKING STAY OF TURNOVER ACTION PURSUANT TO
CPLR §2201 PENDING ADJUDICATION OF MOTION PENDING IN
CONNECTICUT PROBATE COURT
Upon reading and the filing of the annexed Affirmation of
Bradley L. Rice, Esq., with exhibits, dated May 17, 2022, the
Affirmation of Christoper J. Hug, Esq., dated May 17, 2022, the
accompanying memorandum of law, and upon all of the pleadings and
proceedings hereto and herein, and upon due deliberation of this
Court,
LET, Petitioner JARDAN 520 LLC show cause before this Court
at IAS Part 23, Room 543 to be heard in and for the County of New
York, located at 60 Centre Street New York, New York on
1
, 2022 at 9:30 a.m. or as soon thereafter as counsel can
be heard,
WHY, an order should not be made:
1) Pursuant to CPLR §2201 for a stay of this proceeding
pending the outcome of 86th Street’s motion to enforce the
terms of a settlement agreement entered into between
Petitioner and 86th Street, among other parties, in the
Connecticut Probate Court, which is currently scheduled
for hearing on June 8, 2022 at 12:00 pm; and
2) For such other and further relief as this Court may deem
just, proper, and equitable.
IT IS FURTHER ORDERED, that sufficient cause appearing
therefore, let service of a copy of this Order to Show Cause
and the papers upon which it is granted be made by electronic
filing to the NYSCEF docket service on or before May
, 2022, upon the Law Office of David Sorokoff LLC (488
Madison Avenue, Suit 1120, New York, New York 10022), attorneys
for Petitioner Jardan 520 LLC and Respondent M&T Bank (11 W.
42nd Street, New York, New York 10036), be deemed good and
sufficient service; and it is further
2
ORDERED that Defendants shall serve any opposition papers
by , by electronic filing to the NYSCEF
docket.
ENTER:
_____________________________
J.S.C.
3
Preview
At Part 23 of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse located at 60 Centre Street, New York, New York on the __ day of May 2022. Present: ___________________ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: GENERAL ASSIGNMENT PART 23 JARDAN 520 LLC Petitioner, ORAL ARGUMENT REQUESTED v. Index No. 153512/2022 BVS ACQUISITION CO. LLC; M&T Hon. W. Franc Perry, III, BANK; AND 86TH STREET LENDER, J.S.C. LLP, Respondents. ORDER TO SHOW CAUSE SEEKING STAY OF TURNOVER ACTION PURSUANT TO CPLR §2201 PENDING ADJUDICATION OF MOTION PENDING IN CONNECTICUT PROBATE COURT Upon reading and the filing of the annexed Affirmation of Bradley L. Rice, Esq., with exhibits, dated May 17, 2022, the Affirmation of Christoper J. Hug, Esq., dated May 17, 2022, the accompanying memorandum of law, and upon all of the pleadings and proceedings hereto and herein, and upon due deliberation of this Court, LET, Petitioner JARDAN 520 LLC show cause before this Court at IAS Part 23, Room 543 to be heard in and for the County of New York, located at 60 Centre Street New York, New York on 1 , 2022 at 9:30 a.m. or as soon thereafter as counsel can be heard, WHY, an order should not be made: 1) Pursuant to CPLR §2201 for a stay of this proceeding pending the outcome of 86th Street’s motion to enforce the terms of a settlement agreement entered into between Petitioner and 86th Street, among other parties, in the Connecticut Probate Court, which is currently scheduled for hearing on June 8, 2022 at 12:00 pm; and 2) For such other and further relief as this Court may deem just, proper, and equitable. IT IS FURTHER ORDERED, that sufficient cause appearing therefore, let service of a copy of this Order to Show Cause and the papers upon which it is granted be made by electronic filing to the NYSCEF docket service on or before May , 2022, upon the Law Office of David Sorokoff LLC (488 Madison Avenue, Suit 1120, New York, New York 10022), attorneys for Petitioner Jardan 520 LLC and Respondent M&T Bank (11 W. 42nd Street, New York, New York 10036), be deemed good and sufficient service; and it is further 2 ORDERED that Defendants shall serve any opposition papers by , by electronic filing to the NYSCEF docket. ENTER: _____________________________ J.S.C. 3