Preview
FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
________________--___.._________________Ç
STREET SNACKS, LLC,
Index No.: 602374/09
Plaintiff,
AFFIDAVIT IN
-against- SUPPORT
OF THOMAS
BRIDGE ASSOCIATES OF SOHO, INC., MAKKOS
ADAM D. LUCKNER, MIDWAY HOLDINGS CORP.,
YORK RESOURCES LLC, STERLING NATIONAL Motion Seq. No. 006
BANK, NEW YORK STATE DISTRICT ATTORNEY,
STATE OF NEW YORK, CITY OF NEW YORK, NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD,
NEW YORK CITY DEPARTMENT OF FINANCE
25,"
and "JOHN DOES, Numbered 1 through the names
of the last twenty-five named defendants being fictitious,
real names unknown to plaintiff,the parties intended being
tenants or persons or corporations having an interest in as
tenants or persons in possession of portions of the mortgaged
premises,
Defendants.
______-______________________________Ç
COUNTY OF NEW YORK)
) ss.:
STATE OF NEW YORK )
THOMAS MAKKOS, being duly swom, deposes and states as follows:
1. I am a managing member of plaintiff Street Snacks, LLC ("Street
Snacks") and as such am authorized to make this affidavit on behalf of Street Snacks.
2. The statements made in this affidavit are based on my personal knowledge
and my review of the books and records maintained by Street Snacks in my possession. I
Snacks'
have personal knowledge of Street procedures for creating these records. They
are: (a) made at or near the time of the occurrence of the matters recorded by a person
with personal knowledge of the information in the business record, or from information
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Snacks'
transmitted by persons with personal knowledge; (b) kept in the course of Street
regularly conducted business activities; and (c) itis the regular practice of Street Snacks
to make such records.
3. I make this affidavit in support of Street Snack's motion for summary
judgment and other related relief. The purpose of this affidavit is to set forth the facts
with respect to the commercial loans made by First Central Savings Bank ("FCSB") and
assigned to Street Snacks, the defaults of defendants Bridge Associates of Soho, Inc.
("Bridge Associates"), Adam D. Luckner ("Luckner"), and Midway Holdings, Corp.
("Midway") (hereinafter Luckner and Midway are sometimes collectively referred to as
the "Guarantors") under the loan documents, and the commencement of this foreclosure
action.
A. The Note and Mortgage.
4. Street Snacks is the holder and owner of all right, title,and interest in the
various debt instruments and loan documents evidencing or referring to the subject
commercial mortgage, all of which have been assigned to Street Snacks by First Central
Savings Bank ("FCSB"). Descriptions of the debt instruments and loan documents (the
"Loan Documents") are set forth in the Affidavit of Joseph Pistilli sworn to on August
28, 2017 (the "PistilliAffidavit") at Exhibit A.
5. Briefly stated, on May 16, 2005, Bridge Associates executed,
acknowledged, and delivered to FCSB a Substituted and Restated Mortgage Note (the
in the original principal sum of $1,600,000. PistilliAffidavit, Exhibit R. Bridge
"Note")
Associates agreed to pay monthly mstallments of interest on tho principal sum at an annual
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rate equal to 8.75% on a 25-year payout schedule, commencing on July 1, 2005 and every
month thereafter until December 1, 2005 (the "Maturity Date"), when the entire principal
would become due. Pursuant to the terms of the Note, provided that Bridge Associates was
not in default, itcould elect to extend the loan for an additional six-month period from the
Maturity Date to June 1, 2006.
6. Simultaneous with the execution of the Note, and as security for itspayment,
Bridge Associates and Luckner executed and delivered to FCSB a Consolidation,
Modification and Extension Agreement (the "Mortgage"), mortgaging the following
properties to FCSB, itssuccessor and assigns: (a) 533 Greenwich Street (a/k/a 99 Vandam
Street), New York, New York (the "NYC Property"); (b) 619 Bridge Street, Woodmere,
New York; and (c) 62 Clark Street, Long Beach, New York. PistilliAf)ìdavit, Exhibit S.
7. Pursuant to Paragraph of the Mortgage, Bridge Associates and Luckner
1(b)
warranted that there are no defenses, counterclaims, cross-claims or other claims, demands
or offsets of nature whatsoever which can be asserted to: (a) reduce or eliminate all or
any
part of their under the Note, or (b) seek affirmative relief or damages from
any liability
FCSB.
8. Simultaneous with the execution of the Note and Mortgage, Luckner,
individually, and Midway executed and delivered a Guaranty (the "Guaranty") dated May
16, 2005 that was an absolute and unconditional guaranty of payment of all sums owed by
Bridge Associates and performance of allobligations of Bridge Associates under the Note
and Mortgage. PistilliAffidavit, Exhibit T.
9. Pursuant to the terms of the Note and the Mortgage, the subject loan
matured on June 1, 2006. PistilliAffidavit, ¶.52.
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B. The Assignment and Delivery of the Loan Documents from FCSB to Street
Snacks.
10. As a managing member of Street Snacks, I was directly involved in
FCSB's sale, assignment, transfer, and physical delivery of the underlying notes,
mortgages, and related Loan Documents to Street Snacks.
11. On November 3, 2008, FCSB sold, assigned, and transferred all itsright,title
and interest to the Loan Documents, including without limitation, the Mortgage, to Street
Snacks. A of the Assignment of Mortgages is annexed to the Pistilli Affidavit as
copy
Exhibit V.
12. Additionally, in connection therewith, the Note, and the four underlying
were assigned and delivered by FCSB to Street Snacks pursuant to
promissory notes,
allonges affixed to the back of each respective note. Pistilli Affidavit, Exhibits B,
firmly
H, J, P, and R. As a member of Street Snacks, I was directly involved in
managing
Snacks'
Street purchase, assignment, and the transfer of the Note, underlying notes,
mortgages and related Loan Documents from FCSB to Street Snacks.
13. On or about November 3, 2008, FCSB physically delivered to me, on behalf
of Street Snacks, the original Loan Documents described in Exhibit A to the Pistilli
Affidavit, including:
(a) The original Mortgage Note from Bridge Associates
to FCSB dated January 9, 2003 in the principal face
amount of $1,200,000 with an Allonge dated
November 3, 2008 finnly affixed to the Note, by
which FCSB assigned to Street Snacks all of its
rights, title and interest in and to the Note. (Pistilli
Afidavit, Exhibit B)
(b) The original Mortgage Note from Bridge Associates
to FCSB dated May 24, 2004 in the principal face
amount of $4,416.97 with an Allonge dated
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November 3, 2008 firmly affixed to the Note, by
which FCSB assigned to Street Snacks all of its
rights, titleand interest in and to the Note. (Pistilli
Affidavit, Exhibit H);
(c) The Original Substitute Mortgage Note from Bridge
Associates to FCSB dated May 24, 2004 in the
principal face amount of $1,188,000 with an Allonge
dated November 3, 2008 firmly affixed to the Note,
by which FCSB assigned to Street Snacks allof its
rights, title and interest in and to the Note. (Pistilli
Affldavit, Exhibit J);
(d) The original Mortgage Note from Bridge Associates
to FCSB dated May 16, 2005 in the principal face
amount of $423,415.27 with an Allonge dated
November 3, 2008 firmly affixed to the Note, by
which FCSB assigned to Street Snacks all of its
rights, title and interest in and to the Note. (Pistilli
Afidavit, Exhibit P); and
(e) The original Substituted and Restated Mortgage Note
from Bridge Associates to FCSB dated May 16, 2005
in the principal face amount of $1,600,000 with an
Allonge dated November 3, 2008 fitmly affixed, to
the Note by which FCSB assigned to Street Snacks
allof itsrights, title and interest in and to the Note.
(PistilliAfidavit, Exhibit R).
14. Since receiving physical delivery of the five original notes with the
allenges firmly affixed thereto, Street Snacks has, and continues to, hold them at Street
Snacks'
office.
15. Prior to the commencement of this action, Street Snacks owned and held
physical possession of the five original notes with allonges firmly affixed thereto. Street
Snacks provided itscounsel with copies of the Loan Documents described in Exhibit A to
the4istilli Affidavit, including copies of the five originalIotos
16. By letter dated February 13, 2009, Street Snacks provided Bridge
Associates and the Guarantors with notice of the assignment of the Note, Mortgage, and
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Guaranty and demanded that all future payments under the Note be made to Street
Snacks. A true and correct copy of the letteris annexed as Exhibit A.
C. The Default under the Loan Documents.
17. As sworn to in the Pistilli Affidavit, Bridge Associates failed to comply
with the terms of the Note, Mortgage, and underlying Loan Documents by failing to pay
the outstanding principal, unpaid and accrued interest, late fees, and all other sums due
Associates'
and owing under the Note on or before June 1, 2006. Bridge failure to pay
the outstanding amounts due on the final maturity date of the Note constitutes an "Event
Default"
of under the Note and Mortgage.
18. reason of the Event of Default, Street Snacks demanded that Bridge
By
Associates and the Guarantors repay the entire outstanding balance due on the Note and the
Mortgage. By letter dated March 27, 2009, Street Snacks expressed its intention to
pursue allrights and remedies available to it pursuant to the Note, Mortgage, Guaranty
and applicable law unless the indebtedness was paid. A copy of the letter is annexed
hereto as Exhibit B.
19. In addition to its failure to satisfy the Note upon its maturity, Bridge
Associates defaulted under the Loan Documents by failing to pay real estate taxes which
became due on the NYC Property. PistilliAffidavit, Exhibit S at ¶¶ 7, 15. In that regard,
on or about October 27, 2012, an action was commenced to foreclose a tax lien in the
principal amount of $5,231.74 that was encumbering the NYC Property. A copy of the
complaint in the matter of NYCTL 2011-A Trust, et.al. v. Bridge Associates of Soho, Inc.,
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et al., Supreme Court, New York County, Index No. 157728/12, is annexed hereto
(without exhibits) as Exhibit C.
20. In order to protect its security interest in the NYC Property, pursuant to
¶l9 of the Mortgage, Street Snacks negotiated a settlement with the tax lienholder to
satisfy the lien and discontinue the foreclosure action. In settlement of the action, Street
Snacks paid the outstanding principal, interest, late fees, and legal fees in the total
Snacks'
amount of $11,542.83. Copies of the pay-off statement and Street payment dated
February 1, 2013 are annexed hereto collectively as Exhibit D. As a managing member
Snacks'
of Street Snacks, I was involved in Street settlement of the tax lien.
directly
21. On a second action was commenced to foreclose the tax
May 15, 2014,
liens on the NYC Property. In the matter entitled, NYCTL 201bA Trust, et. al.v. Bridge
Associates of Soho, Inc., et al,Supreme Court, New York County, Index No. 157728/12,
the plaintiff sought to foreclose tax liens in the principal amount of $1,020,377.99. A
copy of the complaint is annexed hereto (without exhibits) as Exhibit E.
22. During the pendency of this lawsuit, Street Snacks directly incurred
expenses protecting itssecurity and maintaining and protecting the NYC Property. As set
forth in the annexed Exhibit F, Street Snacks paid real estate taxes, water and sewer
charges, exterminators, architect fees, and other carrying charges affecting the NYC
Property:
(a) Real Estate Taxes in the amount of $174,648.02;
(b) Water and sewer charges in the amount of $29,655.54;
(c) Legal fees in connection with real estate tax assessment issues in
-----------the amountof-$12rl44292-;------------------
(d) Architectural fees in connection with Local Law 11 work in the
amount of $5,535.28;
(e) Investigations (violations, title,etc.) of $2,630.00;
(f) Pest Control in the amount of $1,211.79; and
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(g) Oil in the amount of $1,180.00.
Snacks'
Copies of the payments made through Street management company, Makkos
Equities, LLC, are annexed hereto collectively as Exhibit G. As a managing member of
both Street Snacks and Makkos Equities, LLC, I was directly involved in the payment of
the expenses.
23. Street Snacks has not received any payments from, or on behalf of, Bridge
Associates or the Guarantors under the Loan Documents since FCSB assigned the Loan
Documents to Steet Snacks on November 3, 2008. Bridge Associates and the Guarantors
failed to cure their respective defaults and remain in default and jointly and severally liable
to Street Snacks for allsums set forth in the Note and Mortgage.
24. As a result of the foregoing, there is now due and owing from Bridge
Associates and the Guarantors to Street Snacks, the unpaid principal amount of
$1,550,577.39, accrued and unpaid interest at the rates set forth in the Loan Documents,
Snacks'
accrued and unpaid late charges, advances made by Street Snacks and Street
Snacks'
costs and expenses of collection, including, without limitation, Street reasonable
attorneys' 1
fees and costs
The amount of $1,581,594.98 demanded
initially in theComplaint represented the principalamount due
on the Matmity Date. After giving etedittoBridge Associates fu imyments of pilnolpaland intwestmade
afterthe Maturity Date through April 19, 2008, the date of itslastpayment, theprincipal amount of
$1,550,577.39 remains dueunder theLoan Documents. Pistilli
Affidavit,ExhibitX.
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Snacks'
WHEREFORE, deponent respectfully requests that Street motion be
granted in its entirety, and that Street Snacks be granted such other and further relief as
this Court determines isjust and proper.
The s IEakkos
Sw to before me this
ay of June, 2022
Notary u lic
KI 10 IS
NOTARY PUBUC-STA OF NEW YORK
No. 01S14890803
Qualified In New York County
Commission Expires April27, 20
My
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WORD COUNT CERTIFICATION
Pursuant to Section 202.8-b of the Uniform Rules for the Supreme Court
I, Amy D. Carlin, an attorney duly admitted to practice law before the courts of
the State of New York, hereby certify that this affidavit complies with the word count
limit and that the total number of words in the affidavit, inclusive of point headings and
footnotes is 2,179. In preparing this certification, I have relied on the word count of the
word processing system used to prepare this affidavit.
Dated: New York, New York
June 14, 2022
/s/ Amy D. Carlin
Amy D. Carlin
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Preview
FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ________________--___.._________________Ç STREET SNACKS, LLC, Index No.: 602374/09 Plaintiff, AFFIDAVIT IN -against- SUPPORT OF THOMAS BRIDGE ASSOCIATES OF SOHO, INC., MAKKOS ADAM D. LUCKNER, MIDWAY HOLDINGS CORP., YORK RESOURCES LLC, STERLING NATIONAL Motion Seq. No. 006 BANK, NEW YORK STATE DISTRICT ATTORNEY, STATE OF NEW YORK, CITY OF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE 25," and "JOHN DOES, Numbered 1 through the names of the last twenty-five named defendants being fictitious, real names unknown to plaintiff,the parties intended being tenants or persons or corporations having an interest in as tenants or persons in possession of portions of the mortgaged premises, Defendants. ______-______________________________Ç COUNTY OF NEW YORK) ) ss.: STATE OF NEW YORK ) THOMAS MAKKOS, being duly swom, deposes and states as follows: 1. I am a managing member of plaintiff Street Snacks, LLC ("Street Snacks") and as such am authorized to make this affidavit on behalf of Street Snacks. 2. The statements made in this affidavit are based on my personal knowledge and my review of the books and records maintained by Street Snacks in my possession. I Snacks' have personal knowledge of Street procedures for creating these records. They are: (a) made at or near the time of the occurrence of the matters recorded by a person with personal knowledge of the information in the business record, or from information 1 1 of 10 FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022 Snacks' transmitted by persons with personal knowledge; (b) kept in the course of Street regularly conducted business activities; and (c) itis the regular practice of Street Snacks to make such records. 3. I make this affidavit in support of Street Snack's motion for summary judgment and other related relief. The purpose of this affidavit is to set forth the facts with respect to the commercial loans made by First Central Savings Bank ("FCSB") and assigned to Street Snacks, the defaults of defendants Bridge Associates of Soho, Inc. ("Bridge Associates"), Adam D. Luckner ("Luckner"), and Midway Holdings, Corp. ("Midway") (hereinafter Luckner and Midway are sometimes collectively referred to as the "Guarantors") under the loan documents, and the commencement of this foreclosure action. A. The Note and Mortgage. 4. Street Snacks is the holder and owner of all right, title,and interest in the various debt instruments and loan documents evidencing or referring to the subject commercial mortgage, all of which have been assigned to Street Snacks by First Central Savings Bank ("FCSB"). Descriptions of the debt instruments and loan documents (the "Loan Documents") are set forth in the Affidavit of Joseph Pistilli sworn to on August 28, 2017 (the "PistilliAffidavit") at Exhibit A. 5. Briefly stated, on May 16, 2005, Bridge Associates executed, acknowledged, and delivered to FCSB a Substituted and Restated Mortgage Note (the in the original principal sum of $1,600,000. PistilliAffidavit, Exhibit R. Bridge "Note") Associates agreed to pay monthly mstallments of interest on tho principal sum at an annual 2 2 of 10 FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022 rate equal to 8.75% on a 25-year payout schedule, commencing on July 1, 2005 and every month thereafter until December 1, 2005 (the "Maturity Date"), when the entire principal would become due. Pursuant to the terms of the Note, provided that Bridge Associates was not in default, itcould elect to extend the loan for an additional six-month period from the Maturity Date to June 1, 2006. 6. Simultaneous with the execution of the Note, and as security for itspayment, Bridge Associates and Luckner executed and delivered to FCSB a Consolidation, Modification and Extension Agreement (the "Mortgage"), mortgaging the following properties to FCSB, itssuccessor and assigns: (a) 533 Greenwich Street (a/k/a 99 Vandam Street), New York, New York (the "NYC Property"); (b) 619 Bridge Street, Woodmere, New York; and (c) 62 Clark Street, Long Beach, New York. PistilliAf)ìdavit, Exhibit S. 7. Pursuant to Paragraph of the Mortgage, Bridge Associates and Luckner 1(b) warranted that there are no defenses, counterclaims, cross-claims or other claims, demands or offsets of nature whatsoever which can be asserted to: (a) reduce or eliminate all or any part of their under the Note, or (b) seek affirmative relief or damages from any liability FCSB. 8. Simultaneous with the execution of the Note and Mortgage, Luckner, individually, and Midway executed and delivered a Guaranty (the "Guaranty") dated May 16, 2005 that was an absolute and unconditional guaranty of payment of all sums owed by Bridge Associates and performance of allobligations of Bridge Associates under the Note and Mortgage. PistilliAffidavit, Exhibit T. 9. Pursuant to the terms of the Note and the Mortgage, the subject loan matured on June 1, 2006. PistilliAffidavit, ¶.52. 3 3 of 10 FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022 B. The Assignment and Delivery of the Loan Documents from FCSB to Street Snacks. 10. As a managing member of Street Snacks, I was directly involved in FCSB's sale, assignment, transfer, and physical delivery of the underlying notes, mortgages, and related Loan Documents to Street Snacks. 11. On November 3, 2008, FCSB sold, assigned, and transferred all itsright,title and interest to the Loan Documents, including without limitation, the Mortgage, to Street Snacks. A of the Assignment of Mortgages is annexed to the Pistilli Affidavit as copy Exhibit V. 12. Additionally, in connection therewith, the Note, and the four underlying were assigned and delivered by FCSB to Street Snacks pursuant to promissory notes, allonges affixed to the back of each respective note. Pistilli Affidavit, Exhibits B, firmly H, J, P, and R. As a member of Street Snacks, I was directly involved in managing Snacks' Street purchase, assignment, and the transfer of the Note, underlying notes, mortgages and related Loan Documents from FCSB to Street Snacks. 13. On or about November 3, 2008, FCSB physically delivered to me, on behalf of Street Snacks, the original Loan Documents described in Exhibit A to the Pistilli Affidavit, including: (a) The original Mortgage Note from Bridge Associates to FCSB dated January 9, 2003 in the principal face amount of $1,200,000 with an Allonge dated November 3, 2008 finnly affixed to the Note, by which FCSB assigned to Street Snacks all of its rights, title and interest in and to the Note. (Pistilli Afidavit, Exhibit B) (b) The original Mortgage Note from Bridge Associates to FCSB dated May 24, 2004 in the principal face amount of $4,416.97 with an Allonge dated 4 4 of 10 FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022 November 3, 2008 firmly affixed to the Note, by which FCSB assigned to Street Snacks all of its rights, titleand interest in and to the Note. (Pistilli Affidavit, Exhibit H); (c) The Original Substitute Mortgage Note from Bridge Associates to FCSB dated May 24, 2004 in the principal face amount of $1,188,000 with an Allonge dated November 3, 2008 firmly affixed to the Note, by which FCSB assigned to Street Snacks allof its rights, title and interest in and to the Note. (Pistilli Affldavit, Exhibit J); (d) The original Mortgage Note from Bridge Associates to FCSB dated May 16, 2005 in the principal face amount of $423,415.27 with an Allonge dated November 3, 2008 firmly affixed to the Note, by which FCSB assigned to Street Snacks all of its rights, title and interest in and to the Note. (Pistilli Afidavit, Exhibit P); and (e) The original Substituted and Restated Mortgage Note from Bridge Associates to FCSB dated May 16, 2005 in the principal face amount of $1,600,000 with an Allonge dated November 3, 2008 fitmly affixed, to the Note by which FCSB assigned to Street Snacks allof itsrights, title and interest in and to the Note. (PistilliAfidavit, Exhibit R). 14. Since receiving physical delivery of the five original notes with the allenges firmly affixed thereto, Street Snacks has, and continues to, hold them at Street Snacks' office. 15. Prior to the commencement of this action, Street Snacks owned and held physical possession of the five original notes with allonges firmly affixed thereto. Street Snacks provided itscounsel with copies of the Loan Documents described in Exhibit A to the4istilli Affidavit, including copies of the five originalIotos 16. By letter dated February 13, 2009, Street Snacks provided Bridge Associates and the Guarantors with notice of the assignment of the Note, Mortgage, and 5 5 of 10 FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022 Guaranty and demanded that all future payments under the Note be made to Street Snacks. A true and correct copy of the letteris annexed as Exhibit A. C. The Default under the Loan Documents. 17. As sworn to in the Pistilli Affidavit, Bridge Associates failed to comply with the terms of the Note, Mortgage, and underlying Loan Documents by failing to pay the outstanding principal, unpaid and accrued interest, late fees, and all other sums due Associates' and owing under the Note on or before June 1, 2006. Bridge failure to pay the outstanding amounts due on the final maturity date of the Note constitutes an "Event Default" of under the Note and Mortgage. 18. reason of the Event of Default, Street Snacks demanded that Bridge By Associates and the Guarantors repay the entire outstanding balance due on the Note and the Mortgage. By letter dated March 27, 2009, Street Snacks expressed its intention to pursue allrights and remedies available to it pursuant to the Note, Mortgage, Guaranty and applicable law unless the indebtedness was paid. A copy of the letter is annexed hereto as Exhibit B. 19. In addition to its failure to satisfy the Note upon its maturity, Bridge Associates defaulted under the Loan Documents by failing to pay real estate taxes which became due on the NYC Property. PistilliAffidavit, Exhibit S at ¶¶ 7, 15. In that regard, on or about October 27, 2012, an action was commenced to foreclose a tax lien in the principal amount of $5,231.74 that was encumbering the NYC Property. A copy of the complaint in the matter of NYCTL 2011-A Trust, et.al. v. Bridge Associates of Soho, Inc., 6 6 of 10 FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022 et al., Supreme Court, New York County, Index No. 157728/12, is annexed hereto (without exhibits) as Exhibit C. 20. In order to protect its security interest in the NYC Property, pursuant to ¶l9 of the Mortgage, Street Snacks negotiated a settlement with the tax lienholder to satisfy the lien and discontinue the foreclosure action. In settlement of the action, Street Snacks paid the outstanding principal, interest, late fees, and legal fees in the total Snacks' amount of $11,542.83. Copies of the pay-off statement and Street payment dated February 1, 2013 are annexed hereto collectively as Exhibit D. As a managing member Snacks' of Street Snacks, I was involved in Street settlement of the tax lien. directly 21. On a second action was commenced to foreclose the tax May 15, 2014, liens on the NYC Property. In the matter entitled, NYCTL 201bA Trust, et. al.v. Bridge Associates of Soho, Inc., et al,Supreme Court, New York County, Index No. 157728/12, the plaintiff sought to foreclose tax liens in the principal amount of $1,020,377.99. A copy of the complaint is annexed hereto (without exhibits) as Exhibit E. 22. During the pendency of this lawsuit, Street Snacks directly incurred expenses protecting itssecurity and maintaining and protecting the NYC Property. As set forth in the annexed Exhibit F, Street Snacks paid real estate taxes, water and sewer charges, exterminators, architect fees, and other carrying charges affecting the NYC Property: (a) Real Estate Taxes in the amount of $174,648.02; (b) Water and sewer charges in the amount of $29,655.54; (c) Legal fees in connection with real estate tax assessment issues in -----------the amountof-$12rl44292-;------------------ (d) Architectural fees in connection with Local Law 11 work in the amount of $5,535.28; (e) Investigations (violations, title,etc.) of $2,630.00; (f) Pest Control in the amount of $1,211.79; and 7 7 of 10 FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022 (g) Oil in the amount of $1,180.00. Snacks' Copies of the payments made through Street management company, Makkos Equities, LLC, are annexed hereto collectively as Exhibit G. As a managing member of both Street Snacks and Makkos Equities, LLC, I was directly involved in the payment of the expenses. 23. Street Snacks has not received any payments from, or on behalf of, Bridge Associates or the Guarantors under the Loan Documents since FCSB assigned the Loan Documents to Steet Snacks on November 3, 2008. Bridge Associates and the Guarantors failed to cure their respective defaults and remain in default and jointly and severally liable to Street Snacks for allsums set forth in the Note and Mortgage. 24. As a result of the foregoing, there is now due and owing from Bridge Associates and the Guarantors to Street Snacks, the unpaid principal amount of $1,550,577.39, accrued and unpaid interest at the rates set forth in the Loan Documents, Snacks' accrued and unpaid late charges, advances made by Street Snacks and Street Snacks' costs and expenses of collection, including, without limitation, Street reasonable attorneys' 1 fees and costs The amount of $1,581,594.98 demanded initially in theComplaint represented the principalamount due on the Matmity Date. After giving etedittoBridge Associates fu imyments of pilnolpaland intwestmade afterthe Maturity Date through April 19, 2008, the date of itslastpayment, theprincipal amount of $1,550,577.39 remains dueunder theLoan Documents. Pistilli Affidavit,ExhibitX. 8 8 of 10 FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022 Snacks' WHEREFORE, deponent respectfully requests that Street motion be granted in its entirety, and that Street Snacks be granted such other and further relief as this Court determines isjust and proper. The s IEakkos Sw to before me this ay of June, 2022 Notary u lic KI 10 IS NOTARY PUBUC-STA OF NEW YORK No. 01S14890803 Qualified In New York County Commission Expires April27, 20 My 9 9 of 10 FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 06/14/2022 WORD COUNT CERTIFICATION Pursuant to Section 202.8-b of the Uniform Rules for the Supreme Court I, Amy D. Carlin, an attorney duly admitted to practice law before the courts of the State of New York, hereby certify that this affidavit complies with the word count limit and that the total number of words in the affidavit, inclusive of point headings and footnotes is 2,179. In preparing this certification, I have relied on the word count of the word processing system used to prepare this affidavit. Dated: New York, New York June 14, 2022 /s/ Amy D. Carlin Amy D. Carlin 10 10 of 10