On August 12, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Street Snacks Llc,
and
Adam D. Luckner,
Bridge Associates Of Soho, Inc.,
City Of New York,
John Does, Numbered 1 Through 25,
Midway Holdings Corp.,
New York City Department Of Finance,
New York City Environmental Control Board,
New York State District Attorney,
State Of New York,
Sterling National Bank,
York Resources Llc,
for Commercial - Other (Foreclosure)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 06/28/2022 06:17 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 06/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______----_______________________-.._.--.._____Ç
STREET SNACKS, LLC, Index No.: 602374/2009
Plaintiff,
-against-
BRIDGE ASSOCIATES OF SOHO, INC.,
ADAM D. LUCKNER, MIDWAY HOLDINGS CORP.,
YORK RESOURCES LLC, STERLING NATIONAL
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 and
25,"
"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 in possession of portions of the
mortgaged premises,
Defendants.
___________________......_____.._....___....----x
DEFENDANTS'
RESPONSE TO PLAINTIFF'S STATEMENT OF
MATERIAL FACTS AND COUNTERSTATEMENT OF FACTS
Defendants Adam Luckner ("Mr. Luckner"), Bridge Associates of SOHO, Inc. ("Bridge
Associates") and Midway Holdings Corp. ("Midway") (collectively, "Defendants") submit the
following response to Plaintiff's Statement of Material Facts [NYSCEF Dkt. No. 40] in opposition
to Plaintiff's Cross Motion¹:
RESPONSE TO PLAINTIFF'S STATEMENT OF MATERIAL FACTS
1. Admits.
2. Admits.
3. Admits.
1 All herein are tobe ascribed the theAffirmation of Peter K. Kamran
capitalized terms meanings given to them in
dated June 28, 2022, and submitted herewith.
1 of 3
FILED: NEW YORK COUNTY CLERK 06/28/2022 06:17 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 06/28/2022
4. Admits.
5. Admits.
6. Admits.
7. Admits.
8. Admits.
9. Admits.
10. Admits.
11. Admits.
12. Admits.
13. Admits.
14. Admits.
15. Unknown and itthe role of a Court appointed referee to determine the amount due.
DEFENDANT'S COUNTER STATEMENT OF MATERIAL FACTS
16. On March 4, 2020, the Manhattan Property was sold at a public auction held in the
Tax Lien Foreclosure and no surplus was generated therefrom. Carlin Affirmation submitted in
support of Plaintiff's Motion at136 and Exhibit X [NYSCEF Dkt Nos. 41 and 65].
17. Plaintiffis seeking to only enforce itsmortgage lien against the Nassau Properties.
Plaintiff's Notice of Motion [NYSCEF Dkt No. 39] at ¶(d).
18. None of the named ·defendants in this action other than Mr. Luckner, Bridge
Associates, and Midway have any connection with this foreclosure action since the Manhattan
Property was foreclosed. Affidavit of Adam Luckner sworn to on June 28, 2022 (the "Luckner
Aff.") at $2.
2 of 3
FILED: NEW YORK COUNTY CLERK 06/28/2022 06:17 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 06/28/2022
19. Mr. Luckner is and has been since the commencement of this Foreclosure Action,
sole titleholder of the Nassau Properties. Id. at $4.
20. None of the other remaining defendants have any mortgages or liens encumbering
the Nassau properties no do they hold any interests or rights in.the Nassau Properties. & at 13.
Dated: June 28, 2022
Garden City, New York
LESTER KORINMAN
KAMRAN & MASINI, P.C.
Peter K. Kamran, Esq.
Counsel to Defendants
600 Old Country Road, Suite 330
Garden City, New York 11530
(516) 357-9191
pkamran@lesterfinn.com
3 of 3
Document Filed Date
June 28, 2022
Case Filing Date
August 12, 2021
Category
Commercial - Other (Foreclosure)
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FILED: NEW YORK COUNTY CLERK 06/28/2022 06:17 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 06/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______----_______________________-.._.--.._____Ç STREET SNACKS, LLC, Index No.: 602374/2009 Plaintiff, -against- BRIDGE ASSOCIATES OF SOHO, INC., ADAM D. LUCKNER, MIDWAY HOLDINGS CORP., YORK RESOURCES LLC, STERLING NATIONAL 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 and 25," "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 in possession of portions of the mortgaged premises, Defendants. ___________________......_____.._....___....----x DEFENDANTS' RESPONSE TO PLAINTIFF'S STATEMENT OF MATERIAL FACTS AND COUNTERSTATEMENT OF FACTS Defendants Adam Luckner ("Mr. Luckner"), Bridge Associates of SOHO, Inc. ("Bridge Associates") and Midway Holdings Corp. ("Midway") (collectively, "Defendants") submit the following response to Plaintiff's Statement of Material Facts [NYSCEF Dkt. No. 40] in opposition to Plaintiff's Cross Motion¹: RESPONSE TO PLAINTIFF'S STATEMENT OF MATERIAL FACTS 1. Admits. 2. Admits. 3. Admits. 1 All herein are tobe ascribed the theAffirmation of Peter K. Kamran capitalized terms meanings given to them in dated June 28, 2022, and submitted herewith. 1 of 3 FILED: NEW YORK COUNTY CLERK 06/28/2022 06:17 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 06/28/2022 4. Admits. 5. Admits. 6. Admits. 7. Admits. 8. Admits. 9. Admits. 10. Admits. 11. Admits. 12. Admits. 13. Admits. 14. Admits. 15. Unknown and itthe role of a Court appointed referee to determine the amount due. DEFENDANT'S COUNTER STATEMENT OF MATERIAL FACTS 16. On March 4, 2020, the Manhattan Property was sold at a public auction held in the Tax Lien Foreclosure and no surplus was generated therefrom. Carlin Affirmation submitted in support of Plaintiff's Motion at136 and Exhibit X [NYSCEF Dkt Nos. 41 and 65]. 17. Plaintiffis seeking to only enforce itsmortgage lien against the Nassau Properties. Plaintiff's Notice of Motion [NYSCEF Dkt No. 39] at ¶(d). 18. None of the named ·defendants in this action other than Mr. Luckner, Bridge Associates, and Midway have any connection with this foreclosure action since the Manhattan Property was foreclosed. Affidavit of Adam Luckner sworn to on June 28, 2022 (the "Luckner Aff.") at $2. 2 of 3 FILED: NEW YORK COUNTY CLERK 06/28/2022 06:17 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 06/28/2022 19. Mr. Luckner is and has been since the commencement of this Foreclosure Action, sole titleholder of the Nassau Properties. Id. at $4. 20. None of the other remaining defendants have any mortgages or liens encumbering the Nassau properties no do they hold any interests or rights in.the Nassau Properties. & at 13. Dated: June 28, 2022 Garden City, New York LESTER KORINMAN KAMRAN & MASINI, P.C. Peter K. Kamran, Esq. Counsel to Defendants 600 Old Country Road, Suite 330 Garden City, New York 11530 (516) 357-9191 pkamran@lesterfinn.com 3 of 3