Preview
FILED: NEW YORK COUNTY CLERK 07/01/2022 01:50 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/01/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
–––––––––––––––––––––––––––– x
JARDAN 520, LLC, :
: Index No. 153512/2022
Petitioners, :
:
- against - :
: SECOND STIPULATION
BVS ACQUISITION CO. LLC; M&T BANK; and : REGARDING OPPOSITION
th
86 STREET LENDER LLP : PAPERS TO ORDER TO SHOW
: CAUSE
Respondents. :
:
:
:
–––––––––––––––––––––––––––– X
WHEREAS, this action was initiated on April 25, 2022 by Petition filed by Jardan 520,
LLC (“Jardan”) for the turn-over of funds in an account held at M&T Bank in the name of BVS
Acquisition Co. LLC, and related relief;
WHEREAS, on May 17, 2022, Respondent 86th Street Lender LLP (“86th Street”) filed an
Order to Show Cause seeking a stay of this turnover action pending the adjudication of a motion
in the Connecticut Probate Court, District of Fairfield, scheduled to be heard on June 8, 2022;
WHERAS, on May 20, 2022, the Court issued the Order to Show Cause, directing Jardan
to respond to the Order to Show Cause on June 6, 2022 and setting a hearing on the Order to Show
Cause for June 23, 2022;
WHEREAS, by letter dated June 3, 2022, the parties sought an adjournment of the hearing
date and also the date by which Jardan would be required to file opposition;
WHEREAS, on June 16, 2022, the Court adjourned the hearing date for the order to show
cause to July 1, 2022;
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FILED: NEW YORK COUNTY CLERK 07/01/2022 01:50 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/01/2022
WHEREAS, by letter dated June 17, 2022, the parties sought additional extensions of time
to accommodate the adjourned hearing in the Connecticut Probate Court, which by that time had
been adjourned to July 1, 2022;
WHEREAS, on June 17, 2022, the Court adjourned the hearing date for the order to show
cause to July 20, 2022;
WHEREAS, the hearing in the Connecticut Probate Court has now been further adjourned
to July 28, 2022;
WHEREAS, by letter dated July 1, 2022, the parties have sought additional extensions of
time to accommodate the adjourned hearing in the Connecticut Probate Court, which is currently
returnable on July 28, 2022
IT IS HEREBY STIPULATED AND AGREED, by and between the parties in the
above-referenced matter, through their counsel, as follows:
1) The hearing on 86th Street’s Order to Show Cause is hereby adjourned to August __, 2022
at __ a.m/p..m.; and
2) 86th Street will not oppose the filing by Jardan of opposition papers by or before the date
that is two business days prior to the date on which the order to show cause is ultimately
set for hearing.
This Stipulation may be signed in counterparts. Further, facsimile and/or electronic copies
of the signatures of the parties’ counsel on this Stipulation may be treated as originals for all
purposes.
[Remainder Intentionally Blank]
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FILED: NEW YORK COUNTY CLERK 07/01/2022 01:50 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/01/2022
Dated: July 1, 2022
NAGEL RICE LLP LAW OFFICE OF DAVID
SOROKOFF LLC
By: /s/ Bradley L. Rice_______________
Bradley L. Rice, Esq. By: /s/ David Sorokoff____________
230 Park Avenue David Sorokoff, Esq.
New York, New York 10169 488 Madison Avenue, Suite 1120
(212) 551-1465 New York, New York 10022
Attorneys for Respondent 86th Street Lender LLP (212) 600-2063
Attorneys for Petitioner Jardan 520 LLC
SO ORDERED:
Hon. W. Franc Perry, III, J.S.C.
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Preview
FILED: NEW YORK COUNTY CLERK 07/01/2022 01:50 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/01/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK –––––––––––––––––––––––––––– x JARDAN 520, LLC, : : Index No. 153512/2022 Petitioners, : : - against - : : SECOND STIPULATION BVS ACQUISITION CO. LLC; M&T BANK; and : REGARDING OPPOSITION th 86 STREET LENDER LLP : PAPERS TO ORDER TO SHOW : CAUSE Respondents. : : : : –––––––––––––––––––––––––––– X WHEREAS, this action was initiated on April 25, 2022 by Petition filed by Jardan 520, LLC (“Jardan”) for the turn-over of funds in an account held at M&T Bank in the name of BVS Acquisition Co. LLC, and related relief; WHEREAS, on May 17, 2022, Respondent 86th Street Lender LLP (“86th Street”) filed an Order to Show Cause seeking a stay of this turnover action pending the adjudication of a motion in the Connecticut Probate Court, District of Fairfield, scheduled to be heard on June 8, 2022; WHERAS, on May 20, 2022, the Court issued the Order to Show Cause, directing Jardan to respond to the Order to Show Cause on June 6, 2022 and setting a hearing on the Order to Show Cause for June 23, 2022; WHEREAS, by letter dated June 3, 2022, the parties sought an adjournment of the hearing date and also the date by which Jardan would be required to file opposition; WHEREAS, on June 16, 2022, the Court adjourned the hearing date for the order to show cause to July 1, 2022; 1 of 3 FILED: NEW YORK COUNTY CLERK 07/01/2022 01:50 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/01/2022 WHEREAS, by letter dated June 17, 2022, the parties sought additional extensions of time to accommodate the adjourned hearing in the Connecticut Probate Court, which by that time had been adjourned to July 1, 2022; WHEREAS, on June 17, 2022, the Court adjourned the hearing date for the order to show cause to July 20, 2022; WHEREAS, the hearing in the Connecticut Probate Court has now been further adjourned to July 28, 2022; WHEREAS, by letter dated July 1, 2022, the parties have sought additional extensions of time to accommodate the adjourned hearing in the Connecticut Probate Court, which is currently returnable on July 28, 2022 IT IS HEREBY STIPULATED AND AGREED, by and between the parties in the above-referenced matter, through their counsel, as follows: 1) The hearing on 86th Street’s Order to Show Cause is hereby adjourned to August __, 2022 at __ a.m/p..m.; and 2) 86th Street will not oppose the filing by Jardan of opposition papers by or before the date that is two business days prior to the date on which the order to show cause is ultimately set for hearing. This Stipulation may be signed in counterparts. Further, facsimile and/or electronic copies of the signatures of the parties’ counsel on this Stipulation may be treated as originals for all purposes. [Remainder Intentionally Blank] 2 2 of 3 FILED: NEW YORK COUNTY CLERK 07/01/2022 01:50 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/01/2022 Dated: July 1, 2022 NAGEL RICE LLP LAW OFFICE OF DAVID SOROKOFF LLC By: /s/ Bradley L. Rice_______________ Bradley L. Rice, Esq. By: /s/ David Sorokoff____________ 230 Park Avenue David Sorokoff, Esq. New York, New York 10169 488 Madison Avenue, Suite 1120 (212) 551-1465 New York, New York 10022 Attorneys for Respondent 86th Street Lender LLP (212) 600-2063 Attorneys for Petitioner Jardan 520 LLC SO ORDERED: Hon. W. Franc Perry, III, J.S.C. 3 3 of 3