On April 25, 2022 a
Motion,Ex Parte
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 05/17/2022 09:04 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/17/2022
May 17, 2022
Via NYSCEF & E-Mail
Hon. W. Franc Perry, III, J.S.C.
New York Supreme Court
Part 23, Room 543
60 Centre Street
New York, New York 10013
sfc-part23-clerk@nycourts.gov
Re: Jardan 520 LLC v. BVS Acquisition Co. LLC et al.,
Index No. 153512/2022
Request For Adjournment Of Turnover Petition
Dear Justice Perry:
We represent respondent 86th Street Lender, LLC (“86th Street”)
in the above-captioned matter. Pursuant to Your Honor’s part rules,
we write to respectfully request an adjournment of the return date
for the petition filed by petitioner Jardan 520 LLC (“Jardan”)
seeking (i) the turnover of monies held by M&T Bank and/or (ii) a
declaration of Jardan’s purported priority rights to such funds
(the “Petition”).
As the Court may be aware, earlier today, 86th Street filed
an order to show cause seeking to stay this action pending a ruling
from the Connecticut Probate Court concerning a motion 86th Street
filed seeking to enforce the terms of a Settlement Agreement and
Intercreditor Agreement that were executed by Jardan and 86th
Street, among other parties. As such, for the reasons set forth in
86 th Street’s supporting papers to its orders to show cause, we
respectfully request that Jardan’s turnover petition be adjourned
1 of 2
FILED: NEW YORK COUNTY CLERK 05/17/2022 09:04 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/17/2022
Hon. W. Franc Perry, III, J.S.C.
May 17, 2022
Pg. 2
until after the Court rules on the order to show cause’s request
for a stay.
Respectfully submitted,
/s/ Bradley L. Rice
Bradley L. Rice
Cc: All Counsel (via NYSCEF & E-Mail)
2 of 2
Document Filed Date
May 17, 2022
Case Filing Date
April 25, 2022
Category
Special Proceedings - Other (Turnover of Assets)
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FILED: NEW YORK COUNTY CLERK 05/17/2022 09:04 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/17/2022 May 17, 2022 Via NYSCEF & E-Mail Hon. W. Franc Perry, III, J.S.C. New York Supreme Court Part 23, Room 543 60 Centre Street New York, New York 10013 sfc-part23-clerk@nycourts.gov Re: Jardan 520 LLC v. BVS Acquisition Co. LLC et al., Index No. 153512/2022 Request For Adjournment Of Turnover Petition Dear Justice Perry: We represent respondent 86th Street Lender, LLC (“86th Street”) in the above-captioned matter. Pursuant to Your Honor’s part rules, we write to respectfully request an adjournment of the return date for the petition filed by petitioner Jardan 520 LLC (“Jardan”) seeking (i) the turnover of monies held by M&T Bank and/or (ii) a declaration of Jardan’s purported priority rights to such funds (the “Petition”). As the Court may be aware, earlier today, 86th Street filed an order to show cause seeking to stay this action pending a ruling from the Connecticut Probate Court concerning a motion 86th Street filed seeking to enforce the terms of a Settlement Agreement and Intercreditor Agreement that were executed by Jardan and 86th Street, among other parties. As such, for the reasons set forth in 86 th Street’s supporting papers to its orders to show cause, we respectfully request that Jardan’s turnover petition be adjourned 1 of 2 FILED: NEW YORK COUNTY CLERK 05/17/2022 09:04 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/17/2022 Hon. W. Franc Perry, III, J.S.C. May 17, 2022 Pg. 2 until after the Court rules on the order to show cause’s request for a stay. Respectfully submitted, /s/ Bradley L. Rice Bradley L. Rice Cc: All Counsel (via NYSCEF & E-Mail) 2 of 2