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.
Preview
FILED: NEW YORK COUNTY CLERK 08/12/2022 01:33 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 08/12/2022
August 12, 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 Order To Show Cause
Dear Justice Perry:
I write on behalf of 86th Street Lender LLC (“86th Street”) in
the above matter to seek an adjournment of the August 17, 2022
order to show cause hearing at 11:00 am to the morning of September
28, 2022 or as the Court is thereafter available.
Through the order to show cause, 86th Street is seeking an
order from this Court staying the instant petition until after the
Connecticut Probate Court decides 86th Street’s Motion For Contempt
against petitioner, Jardan 520 LLC (“Jardan”). The Motion For
Contempt involves, among other issues, (i) the Connecticut Probate
Court’s scope of authority (i.e. whether it has jurisdiction to
resolve any disputes between certain creditors, including Jardan
and 86th Street) and (ii) whether the Connecticut Probate Court
will enforce its April 4, 2022 Decree following certain actions by
Jardan that 86 th Street contends was a breach of certain agreements
and the Decree, which includes the instant turnover petition.
1 of 2
FILED: NEW YORK COUNTY CLERK 08/12/2022 01:33 PM INDEX NO. 153512/2022
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 08/12/2022
Hon. W. Franc Perry, III, J.S.C.
August 12, 2022
Pg. 2
The Connecticut Probate Court was planning to hear the Motion
For Contempt on August 10, 2022. However, Jardan filed its
opposition brief late, and, as a result, the Probate Court
suggested, and 86th then so requested, to move the hearing to the
next available date that Jardan was available so as to allow 86th
Street an opportunity to review Jardan’s opposition.
Unfortunately, because of Jardan’s scheduling conflicts, the
Connecticut Probate Court adjourned the hearing to September 20,
2022.
In all prior adjournments, the order to show cause hearing in
this action was scheduled and adjourned so that it would be heard
subsequent to the proceeding in Connecticut Probate Court. Among
other issues, the Connecticut Probate Court will consider whether
Jardan is precluded from bringing the instant action by virtue of
its April 4, 2022 Decree. Allowing the Connecticut Probate Court
to address Jardan’s conduct will facilitate an orderly and
efficient manner of resolution, potentially save judicial
resources and should not prejudice either party.
In addition, I am currently in the middle of a jury trial in
Hudson County, New Jersey, which is expected to continue through
next week. As such, I cannot be available for the August 17, 2022
hearing.
For reasons set forth herein, 86th Street respectfully
requests the above extension and adjournment as set forth above.
Respectfully submitted,
/s/ Bradley L. Rice
Bradley L. Rice
Cc: All Counsel (via NYSCEF & E-Mail)
2 of 2
Document Filed Date
August 12, 2022
Case Filing Date
April 25, 2022
Category
Special Proceedings - Other (Turnover of Assets)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 08/12/2022 01:33 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 08/12/2022 August 12, 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 Order To Show Cause Dear Justice Perry: I write on behalf of 86th Street Lender LLC (“86th Street”) in the above matter to seek an adjournment of the August 17, 2022 order to show cause hearing at 11:00 am to the morning of September 28, 2022 or as the Court is thereafter available. Through the order to show cause, 86th Street is seeking an order from this Court staying the instant petition until after the Connecticut Probate Court decides 86th Street’s Motion For Contempt against petitioner, Jardan 520 LLC (“Jardan”). The Motion For Contempt involves, among other issues, (i) the Connecticut Probate Court’s scope of authority (i.e. whether it has jurisdiction to resolve any disputes between certain creditors, including Jardan and 86th Street) and (ii) whether the Connecticut Probate Court will enforce its April 4, 2022 Decree following certain actions by Jardan that 86 th Street contends was a breach of certain agreements and the Decree, which includes the instant turnover petition. 1 of 2 FILED: NEW YORK COUNTY CLERK 08/12/2022 01:33 PM INDEX NO. 153512/2022 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 08/12/2022 Hon. W. Franc Perry, III, J.S.C. August 12, 2022 Pg. 2 The Connecticut Probate Court was planning to hear the Motion For Contempt on August 10, 2022. However, Jardan filed its opposition brief late, and, as a result, the Probate Court suggested, and 86th then so requested, to move the hearing to the next available date that Jardan was available so as to allow 86th Street an opportunity to review Jardan’s opposition. Unfortunately, because of Jardan’s scheduling conflicts, the Connecticut Probate Court adjourned the hearing to September 20, 2022. In all prior adjournments, the order to show cause hearing in this action was scheduled and adjourned so that it would be heard subsequent to the proceeding in Connecticut Probate Court. Among other issues, the Connecticut Probate Court will consider whether Jardan is precluded from bringing the instant action by virtue of its April 4, 2022 Decree. Allowing the Connecticut Probate Court to address Jardan’s conduct will facilitate an orderly and efficient manner of resolution, potentially save judicial resources and should not prejudice either party. In addition, I am currently in the middle of a jury trial in Hudson County, New Jersey, which is expected to continue through next week. As such, I cannot be available for the August 17, 2022 hearing. For reasons set forth herein, 86th Street respectfully requests the above extension and adjournment as set forth above. Respectfully submitted, /s/ Bradley L. Rice Bradley L. Rice Cc: All Counsel (via NYSCEF & E-Mail) 2 of 2