Preview
FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022
Exhibit
(to Thomas Makkos Affidavit)
B
FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022
. THETRUMP BUILDING
40 Wallstreet32nd Floor
ROSEN GREENBERG BLAHA LLP New York,NÚ0005
""Phone 212.530.4830
ATTORNEYS AT LAW
Fax 212.530.4815
DIRECT DIAL: 212.530.4835
EMAIL: ACARLIN(ARGELLP,COM
. PLAINTIFFS
. . EXHIBIT #-
March 27, 2009 7 7
NOTICE OF DEFAULT AND DEMAND FOR PAYMENT . .
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED,
FEDERAL EXPRESS
AND REGULAR MAIL
Bridge Associates of Soho, Inc.
P.O. Box 177
Woodmere, NY 11598
Attn: Adam D. Luckner
Adam D. Luckner
. 619 Bridge Street .
Woodmere, NY 11598
Re: Commercial Mortgage Loan in the amount of $1,600,000.00
Lender: Street Snacks, LLC, as assignee of
. First Central Savings Bank
Borrower . Bridge Associates of Soho, Inc.
. Mortgaged Premises: (a)533 Greenwich Street (a/k/a 99 Vandam Street)
. . New York, NY
(b) 619 Bridge Street
. . Woodmere, NY
(c)62 Clark Street
Long Beach, NY
Guarantors: Adam D. Luckner and Midway Holdings Corp. .
Dear Mr. Luckner:
. As you know, we represent Street Snacks, LLC ("Street Snacks"), the successor
by assignment to the right, titleand interest of First Central Savings Bai± ("FCSB"),
concerning the above-mentioned matter and the delinquent status of the commercial Loan
referred to herein (FCSB and Street Snacks are collectively referred to herein as the
"Lender").
ROSEN GREENBERG BLAHA LLP
. A ORNEYS AT LAW -- - --
PL 538
FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022
Notice is hereby given that Bridge Associates of Soho, Inc. (the "Borrower") is in
default of itsobligations torepay the commercial Loan due and owing to Lender.
Borrower's failure to repay the Loan (together with iñterest and allother charges due
under the Loan Documents) upon itsmaturity on June 1, 2006 constitutes an Event of . . .
Default under the Loan Doomnents, as hereinafter defined. Be further advised that
Guarantors also are responsible for the fullamount of the Loan, together with allother ..
. charges due under the Loan Documents, and Lender is entitled to exercise allrights and
remedies against Guarantors in this regard
Reference is hereby made to the commercial loan (the "Loan") in the original
principal amount of $1,600,000.00 made on or about May 16, 2005 by Lender to
Borrower as evidenced by the following documents:
. . .
(1) Substituted and Restated Mortgage Note (the "Note") dated May 16, 2005
executed and delivered by Borrower to Lender in the principal amount of
$1,600,000.00;
(2) . Consolidation, Modification and Extension Agreemelit (the "Mortgage").
dated May 16, 2005 executed and delivered by Borrower and Luckner to
Lender, covering the following properties: (a) 533 Greenwich Street a/lda
99 Vandam Street, New York, New York, (b) 619 Bridge Street,
. Woodmere, New York and (c)62 Clark Street, Long Beach, New York
(the "Mortgaged Premises")
(3) Guaranty (the "Guaranty") dated May 16, 2005 executed and delivered by
Guarantors to Lendet; and
. (4). Assignment of Leases and Rent (the "Assignment") dated May 16, 2005
executed and delivered by Borrower to Lender (hereinafter the Note, .
Mortgage, Guaranty and Assigmnent are sometimes refe1red to
collectively as the "Loan Documents"). .
Lender hereby demands repayment of allsums due and owing pursuant to the .
Loan Doomnents. Accordingly, alloutstanding principal, interest,late fees, default
interests, and other charges and costs due to Lender (the "Indebtedness") are hereby
demanded by Lender pursuant to the tenns of the Loan Documents. As of March 12,
2009, the Indebtedness consists of the following sums:
Principal . $1,581,594.98. .
Interest $1,318,591.78
Late Charges $ 15,668.10
á Total Indebtedness . $2,915,854.86 . .
Be advised that Lender demands repayment of the Indebtedness by Borrower and . .
Guarantors on or before April 7, 2009, TIME BEING OF THE ESSENCE. Since June
. . 1, 2006, interest has accrued and will continue to accrae until the Indebtedness is paid in .
FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022
full(together with allother charges due under the Loan Documents) at the default rate of
interest of 24%. . . .
In the event that fullpayment of the Indebtedness is not made on orbefore April
7, 2009, Lender shall take legal action to enforce itsrights and remedies pursuant to the .
tenns of the Loan Documents and applicable law including, but not lirnited to, the
commencement of foreclosure proceedings, proceedings involving the collateral.for the
Loan, which may result in the sale of assets securing the Loan, an application for the
appointment of a receiver and/or proceedings against the Borrower and Quarantor to
recover the Indebtedness. . . . . .
Nothing contained herein shall be deemed to constitute an intentional waiver of
. any rights of Lender under the Loan Documents or applicable law, all of which are .
hereby expressly reserved. No further notices or demands shall.be given to yo
concerning Lender's demand for repayment.
Please be guided accordingly. .
V truly yours, .
. ce! Midway Holdings Coip. . . . .
P.O. Box 75
Woodmere, NY 11598 .
. Bridge Management LLC
P.O. Box 177 . .
Woodmere 11598
. Street Snacks, LLd .
FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022
Addressee
Delivery Merchandise
192595-02-M-15 very Merchandise
Agent
of yes Agen De
YesNo Yes
Date of
D D
for Date
O for ¤
- ..... pt
Mau C. Receipt
Rece Mail
be
Express Fee) d
Name) Retum Express Fee)
CAD.
C.OA 8635 Retum
f×tte Narne)
a $-dra
y
deliver ¤ D
d Delivery?
address Printed Q ¤ O Deliver
MailMail 76Ó8 address
de MallMail
by enter Type Registered
Certified ( eriter Registered
ived delivery insured
Restdated Type
b Certified
Insured
Restdc
YES, SeMce eceiveddelivery
. 000D Receipt YES, Service
Si
R la If
A. B. D. ¤ D D isIf
3. 4. ¤ ¤ O
B. D. 3. 4.
Retum
07],D
mailpiece, Donastic
reverse
complete mailpiece
reverse
desired. 7D07
you- compl
the desired.
you.
the the
Alsoonto permits. the
of
is card
address
Also onto permits,
3. of
Delivery back 2004 is card
address
and 3. Delivery
back
returrrthe
thespace and the
2, 3811,February
and
W 2, thespace
return
t Restricted
to and
If a mansfersomservice 'I, Restrictedto:
items namecard to
can front 2 if
ret amber items namecardAddressed
can front
wethis
your
Complete
If the wethis
your
that Complete the
4 Attach
ori N If
Print Óeo Article Form thatAttach
Item 4 on Anicle
so or Print
item
so or
E E E 2. PS
a E 1.
.
FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022
Coniplete
items 1, 2, and 3. Also complete A Si
item 4 If Restdoted
Deliveryis desked. L--.-. Agent
h Print your name and address
on the reverse O Addressee
so that we can naturn the card to you"
B Attach
ReceTV y ( Printed Name) 0. Dato of Dellvary
this card to the back of the mallpfece,
3. -33
or on flie
front
If space
permits. . ..--
O Yes
.D. la ddivery address differentfrom item1?
1. Article Addressed to:
If YES, enter delivery
Èe O No
ll6 3.ServiceType .
CO
¤ Q
00ttified Ma[I Express Mall
O Registomd Return Receipt for Merchandise
Insured Mall O C.O.D.
4.Restricted Dollvery? (Ektra rmo)O yes
Attich) Number
rrrenstert
m e 7007 0710 ODDD 7618 8604
February 2004 DomestMnet m Receipt 1028954M:1640
PL540
Preview
FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022 Exhibit (to Thomas Makkos Affidavit) B FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022 . THETRUMP BUILDING 40 Wallstreet32nd Floor ROSEN GREENBERG BLAHA LLP New York,NÚ0005 ""Phone 212.530.4830 ATTORNEYS AT LAW Fax 212.530.4815 DIRECT DIAL: 212.530.4835 EMAIL: ACARLIN(ARGELLP,COM . PLAINTIFFS . . EXHIBIT #- March 27, 2009 7 7 NOTICE OF DEFAULT AND DEMAND FOR PAYMENT . . VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED, FEDERAL EXPRESS AND REGULAR MAIL Bridge Associates of Soho, Inc. P.O. Box 177 Woodmere, NY 11598 Attn: Adam D. Luckner Adam D. Luckner . 619 Bridge Street . Woodmere, NY 11598 Re: Commercial Mortgage Loan in the amount of $1,600,000.00 Lender: Street Snacks, LLC, as assignee of . First Central Savings Bank Borrower . Bridge Associates of Soho, Inc. . Mortgaged Premises: (a)533 Greenwich Street (a/k/a 99 Vandam Street) . . New York, NY (b) 619 Bridge Street . . Woodmere, NY (c)62 Clark Street Long Beach, NY Guarantors: Adam D. Luckner and Midway Holdings Corp. . Dear Mr. Luckner: . As you know, we represent Street Snacks, LLC ("Street Snacks"), the successor by assignment to the right, titleand interest of First Central Savings Bai± ("FCSB"), concerning the above-mentioned matter and the delinquent status of the commercial Loan referred to herein (FCSB and Street Snacks are collectively referred to herein as the "Lender"). ROSEN GREENBERG BLAHA LLP . A ORNEYS AT LAW -- - -- PL 538 FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022 Notice is hereby given that Bridge Associates of Soho, Inc. (the "Borrower") is in default of itsobligations torepay the commercial Loan due and owing to Lender. Borrower's failure to repay the Loan (together with iñterest and allother charges due under the Loan Documents) upon itsmaturity on June 1, 2006 constitutes an Event of . . . Default under the Loan Doomnents, as hereinafter defined. Be further advised that Guarantors also are responsible for the fullamount of the Loan, together with allother .. . charges due under the Loan Documents, and Lender is entitled to exercise allrights and remedies against Guarantors in this regard Reference is hereby made to the commercial loan (the "Loan") in the original principal amount of $1,600,000.00 made on or about May 16, 2005 by Lender to Borrower as evidenced by the following documents: . . . (1) Substituted and Restated Mortgage Note (the "Note") dated May 16, 2005 executed and delivered by Borrower to Lender in the principal amount of $1,600,000.00; (2) . Consolidation, Modification and Extension Agreemelit (the "Mortgage"). dated May 16, 2005 executed and delivered by Borrower and Luckner to Lender, covering the following properties: (a) 533 Greenwich Street a/lda 99 Vandam Street, New York, New York, (b) 619 Bridge Street, . Woodmere, New York and (c)62 Clark Street, Long Beach, New York (the "Mortgaged Premises") (3) Guaranty (the "Guaranty") dated May 16, 2005 executed and delivered by Guarantors to Lendet; and . (4). Assignment of Leases and Rent (the "Assignment") dated May 16, 2005 executed and delivered by Borrower to Lender (hereinafter the Note, . Mortgage, Guaranty and Assigmnent are sometimes refe1red to collectively as the "Loan Documents"). . Lender hereby demands repayment of allsums due and owing pursuant to the . Loan Doomnents. Accordingly, alloutstanding principal, interest,late fees, default interests, and other charges and costs due to Lender (the "Indebtedness") are hereby demanded by Lender pursuant to the tenns of the Loan Documents. As of March 12, 2009, the Indebtedness consists of the following sums: Principal . $1,581,594.98. . Interest $1,318,591.78 Late Charges $ 15,668.10 á Total Indebtedness . $2,915,854.86 . . Be advised that Lender demands repayment of the Indebtedness by Borrower and . . Guarantors on or before April 7, 2009, TIME BEING OF THE ESSENCE. Since June . . 1, 2006, interest has accrued and will continue to accrae until the Indebtedness is paid in . FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022 full(together with allother charges due under the Loan Documents) at the default rate of interest of 24%. . . . In the event that fullpayment of the Indebtedness is not made on orbefore April 7, 2009, Lender shall take legal action to enforce itsrights and remedies pursuant to the . tenns of the Loan Documents and applicable law including, but not lirnited to, the commencement of foreclosure proceedings, proceedings involving the collateral.for the Loan, which may result in the sale of assets securing the Loan, an application for the appointment of a receiver and/or proceedings against the Borrower and Quarantor to recover the Indebtedness. . . . . . Nothing contained herein shall be deemed to constitute an intentional waiver of . any rights of Lender under the Loan Documents or applicable law, all of which are . hereby expressly reserved. No further notices or demands shall.be given to yo concerning Lender's demand for repayment. Please be guided accordingly. . V truly yours, . . ce! Midway Holdings Coip. . . . . P.O. Box 75 Woodmere, NY 11598 . . Bridge Management LLC P.O. Box 177 . . Woodmere 11598 . Street Snacks, LLd . FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022 Addressee Delivery Merchandise 192595-02-M-15 very Merchandise Agent of yes Agen De YesNo Yes Date of D D for Date O for ¤ - ..... pt Mau C. Receipt Rece Mail be Express Fee) d Name) Retum Express Fee) CAD. C.OA 8635 Retum f×tte Narne) a $-dra y deliver ¤ D d Delivery? address Printed Q ¤ O Deliver MailMail 76Ó8 address de MallMail by enter Type Registered Certified ( eriter Registered ived delivery insured Restdated Type b Certified Insured Restdc YES, SeMce eceiveddelivery . 000D Receipt YES, Service Si R la If A. B. D. ¤ D D isIf 3. 4. ¤ ¤ O B. D. 3. 4. Retum 07],D mailpiece, Donastic reverse complete mailpiece reverse desired. 7D07 you- compl the desired. you. the the Alsoonto permits. the of is card address Also onto permits, 3. of Delivery back 2004 is card address and 3. Delivery back returrrthe thespace and the 2, 3811,February and W 2, thespace return t Restricted to and If a mansfersomservice 'I, Restrictedto: items namecard to can front 2 if ret amber items namecardAddressed can front wethis your Complete If the wethis your that Complete the 4 Attach ori N If Print Óeo Article Form thatAttach Item 4 on Anicle so or Print item so or E E E 2. PS a E 1. . FILED: NEW YORK COUNTY CLERK 06/14/2022 04:49 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2022 Coniplete items 1, 2, and 3. Also complete A Si item 4 If Restdoted Deliveryis desked. L--.-. Agent h Print your name and address on the reverse O Addressee so that we can naturn the card to you" B Attach ReceTV y ( Printed Name) 0. Dato of Dellvary this card to the back of the mallpfece, 3. -33 or on flie front If space permits. . ..-- O Yes .D. la ddivery address differentfrom item1? 1. Article Addressed to: If YES, enter delivery Èe O No ll6 3.ServiceType . CO ¤ Q 00ttified Ma[I Express Mall O Registomd Return Receipt for Merchandise Insured Mall O C.O.D. 4.Restricted Dollvery? (Ektra rmo)O yes Attich) Number rrrenstert m e 7007 0710 ODDD 7618 8604 February 2004 DomestMnet m Receipt 1028954M:1640 PL540