Preview
FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_______.______________._____________.-X
STREET SNACKS, LLC,
Index No. 602374/09
Plaintiff,
AFFIDAVIT OF
-against- THOMAS MAKKOS
IN FURTHER SUPPORT
BRIDGE ASSOCIATES OF SOHO, INC., OF AMOUNTS DUE
ADAM D. LUCKNER, M1DWAY 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,
and NEW YORK CITY DEPARTMENT OF FINANCE,
Defendants.
_____________________________________X
COUNTY OF NEW YORK)
) ss.:
STATE OF NEW YORK )
THOMAS MAKKOS, being duly sworn, deposes and states as follows:
1. I am a managing member of plaintiff Street Snacks, LLC ("Street Snacks") and as
such make this affidavit in further support of the proposed computations of the amounts due
from Bridge Associates of Soho, Inc. (the "Bridge Associates"), Adam Luckner ("Luckner"), and
Midway Holdings, Corp. ("Midway") (hereinafter collectively referred to as the "Luckner
Defendants") submitted by Street Snacks to the Referee.
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. I have personal knowledge of
Snacks'
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 transmitted by persons with personal knowledge; (b)
1 of 7
FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022
Snacks'
kept in the course of Street regularly conducted business activities; and it is Street
(c)
Snacks'
regular practice to make such records.
THE COURT PREVIOUSLY DETERMINED THAT THE
LUCKNER DEFENDANTS INDUCED STREET SNACKS
TO FORBEAR FROM PROSECUTING THIS LAWSUIT
3. On multiple separate occasions, the court previously determined that the Luckner
Defendants induced Street Snacks to forebear from prosecuting this lawsuit during on-going
complex global settlement negotiations and then attempted to take advantage of that same
forbearance. See the Affirmation of Amy D. Carlin in Further Support of Amounts Due dated
October 17, 2022 (the "Carlin Affirmation"), at ¶¶ 5-17. The Referee should reject the Luckner
Defendants'
instant request to eliminate the interest that accrued from 2009 to 2015 because to
do otherwise would reward their efforts to avoid their substantial contractual liabilities based on
the same fabricated allegations that were previously rejected by the court.
4. Shortly after Street Snacks filed and served the complaint to foreclose the subject
mortgage in August 2009, Alan Luckner, the Vice President of Bridge Associates and Adam
Defendants'
Luckner's father, initiated settlement discussions with Street Snacks. The Luckner
negotiations centered around the disposition of 533 Greenwich Street (a/k/a 99 Vandam Street),
New York, New York, (the "NYC Property"), a property with a complicated history and
encumbrances but with substantial long-tenn value. Carlin Affirmation at Exhibits C and D.
5. The NYC Property is a seven-story, fourteen-unit interim multiple dwelling
residential loft building. Upon information and belief, twelve of the residential units are
occupied by long-term residents who have been on a rentstrike since 1990.
6. During the protracted negotiations, the Luckner Defendants requested, and Street
Snacks granted, multiple extensions in time for them to respond to the complaint, eventually
2
2 of 7
FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022
Defendants'
agreeing in writing to extend the Luckner deadline indefinitely. Carlin Affirmation
at Exhibit A. Street Snacks agreed to forbear from prosecuting this lawsuit while the parties
worked to achieve a global settlement, first in the form of a deed in lieu of foreclosure
transaction, then a sale of the NYC Property to a third-party, and finally a refinancing of the liens
secured by the NYC Property. Street Snacks gave the Luckner Defendants the time and
opportunity to negotiate a settlement that would enable Bridge Associates to retain ownership of
the NYC Property or at least profit from itssale. Carlin Affirmation at Exhibits C and D.
7. After numerous attempts at structuring a global settlement failed, the Luckner
Defendants concluded that itwas unlikely that they would be able sell the NYC Property or
refinance the subject mortgage. Apparently unwilling to close a deed in lieu of foreclosure
transaction with Street Snacks, the Luckner Defendants sought to entirely avoid and then delay
Snacks'
the foreclosure of Street mortgage (which secured a matured debt for which they had no
Snacks'
defense) by filing baseless motions seeking to dismiss Street lawsuit. Carlin Affirmation
at ¶6.
STREET SNACKS IS ENTITLED TO RECOVER
THE EXPENSES IT ADVANCED PROTECTING ITS
SECURITY AND MAINTAINING THE NYC PROPERTY
8. Bridge Associates stopped paying the real estate taxes for the NYC Property in or
around November 2008. Carlin Afirmation at ¶29; Afidavit of Amounts Due of Thomas Makkos
sworn to on September 13, 2022 previously submitted to the Referee (the "Makkos September
Afidavit"), at ¶16. Bridge Associates also stopped maintaining, repairing, and paying the operating
expenses for theNYC Property. Carlin Affirmation at ¶29.
Associates'
9. Bridge failure to properly manage the building resulted in the issuance
of numerous violations and liens being placed on the NYC Property. By way of example, see
3
3 of 7
FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022
Empire State Research, Inc.'s report annexed hereto as Exhibit the unpaid water
12, listing taxes,
rates,and assessments that were indexed as liens against the NYC as of 2012.
Property February 14,
Associates'
10. As a result of Bridge abject failure to manage the NYC
properly
Property during the pendency of this lawsuit, Street Snacks incurred substantial expenses
protecting its security and maintaining and the NYC pursuant to ¶¶19 and 20
protecting Property
of the mortgage. As a managing member of Street Snacks and Makkos LLC (Street
Equities,
Snacks' Snacks'
management company for the NYC Property), I was directly involved in Street
payment of the expenses, including signing the checks issued Makkos Equities, LLC. The
by
$227,045.55 in carrying charges Street Snacks advanced in connection with the NYC Property's
real estate taxes, water and sewer charges, extennination fees, architect and consultant fees, and
other carrying charges affecting the NYC Property are set forth in Exhibit 6 annexed to the
Makkos September Affidavit.
11. On or about May 7, 2010, Street Snacks entered into an In Rem Installment
Agreement with the New York City Department of Finance in connection with the NYC
Property (Block 597, Lot 37), agreeing to pay real estate taxes in the total sum of $218,868.46,
payable through a down payment of $32,830.27 and twenty quarterly monthly installments of
$14,287.73. The pertinent part of the In Rem Installment Agreement is annexed hereto as
Exhibit 13.
12. As set forth in Exhibit 6 to the Makkos September Affidavit, Street Snacks paid
$186,190.85.¹
real estate taxes for the NYC Property in the total sum of Supplemental back-up
Snacks'
documentary evidence reflecting Street real estate tax payments is annexed hereto as
t Defendants'
Contrary tothe Luckner assertion,StreetSnacks is not seeking torecover a double payment for the
settlement payment StreetSnacks made to NYCTL 2011-A Trust MTAG to resolve a tax lienforeclosure action.
Snacks'
Street February 1, 2013 payment in the amount of $11,542.83 is listedonce in Exhibit 6 to theMakkos
"R.E.Tax."
September Affidavitunder
4 of 7
FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022
14.2
Exhibit See also check nos. 5767, 5929, and 6447, which are included in Exhibit 7 to the
Afidavit.3
Makkos September
13. As set forth in Exhibit 6 to the Makkos September Affidavit, Street Snacks paid
water and sewer charges to the New York City Water Board and/or the New York Department
City
of Finance for the NYC Property in the total sum of $18,112.71. Supplemental back-up
Snacks'
documentary evidence reflecting Street payments of water and sewer charges in connection
with the NYC Property's Account No. 10001-11220-001 is annexed hereto as Exhibit 15. See also
check nos. 4212, 5981, 6108, 6290, and 6411, which are included in Exhibit 7 to the Makkos
September Afidavit.
14. As set forth in Exhibit 6 to the Makkos September Affidavit, Street Snacks paid
annual boiler inspection fees to Boro Fuel Oil Co. Inc. in connection with the NYC Property's
boiler (#2776001) in the total sum of $1,180. By way of example, annexed hereto as Exhibit 16
is a copy of Boro Fuel Oil Company, Inc.'s invoice relating to services performed in connection
with the 2011 boiler inspection. Annexed hereto as Exhibit 17 isa Boiler Details report from the
New York City Department of Buildings ("NYC DOB") listing the annual inspections of the NYC
Property's boiler. See also check nos. 4724, 5834, and 6519, which are included in Exhibit 7 to the
Makkos September Affidavit.
15. New York City property owners are required to keep apartments and building
common areas free of pests. The appearance of rats, mice, and roaches inside a tenant's
apartment or in a building's common area can result in a violation under the Local Law 55 of
2 Forthe the includedin Exhibits and 16 annexed copies
avoidance of any doubt, checks 14,15, hereto are duplicate
of certainchecks that were included in Exhibit 7 to the Makkos September Affidavit. Certain checks are being
reproduced again here solelyforease of reference.
3 Defendants'
Contrary tothe Luckner assertion,StreetSnacks is not seeking torecover a double payment for the
settlement payment StreetSnacks made to NYCTL 2011-A TrustMTAG to resolve a tax lienforeclosure action.
Snacks'
Street February 1, 2013 payment in the amount of $11,542.83 is listedonce in Exhibit 6 to theMakkos
"R.E.Tax."
September Affidavitunder
5
5 of 7
FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022
2018. By way of example, see Exhibit 12 at p. 3, listing pest control fees that were indexed as
liens against the NYC Property as of February 14, 2012.
16. Accordingly, as set forth in Exhibit 6 to the Makkos September Affidavit, Street
Snacks paid exterminator charges to Magic Pest Management, LLC for services rendered at the
NYC Property in the total sum of $1,211.79. See also check nos. 5097, 5603, and 5879, which
are included in Exhibit 7 to the Makkos September Affidavit.
17. The New York City Facade Inspection Safety Program, also known as "Local
11,"
Law requires New York City buildings tallerthan six stories to have their facades inspected
and repaired every five years. Noncompliance with Local Law 11 regulations can result in fines
and penalties ranging from several hundred dollars to thousands of dollars. In 2002, Bridge
Associates retained the services of an architect, Arpad Baksa, in connection with Local Law 11
work performed at the NYC Property. See the NYC DOB's Fagade Status report listing Mr.
"applicant"
Baksa as the for the work, annexed hereto as Exhibit 18.
18. Accordingly, because of his familiarity with the NYC Property, Street Snacks
retained Mr. Baksa in 2010 to perform work preparing a Local Law 11 report in connection the
building. As set forth in Exhibit 6 to the Makkos September Affidavit, Street Snacks paid Mr.
Baksa architectural fees in the sum of $5,235.28. Supplemental back-up documentary evidence
Snacks' submittal"
providing further support for Street payment to Mr. Baksa for "Local Law is
annexed hereto as Exhibit 19. See also Mr. Baksa's September 29, 2010 invoice containing the
Report"
reference "Re: 533 Greenwich Street/LL1l and check no. 4818, which are included in
Exhibit 7 to the Makkos September Affidavit.
6
6 of 7
FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022
19. By reason of the foregoing, the Referee should determine that as of September
1, 2022, there is due and owing to Street Snacks under the Note and Mortgage, exclusive of legal
fees and disbursements incurred in connection with the within action, the total sum of
$7,940,109.87.
thon s fakkos
S to before me this
ay of October, 2022
No 1KI (OPIS
PU LIC STATE OF NEW YORK
NOTARY
N . 1814890803
Qualifted in New York County
Commisslen ExpliesAprit27, 20
My
7
7 of 7
Preview
FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _______.______________._____________.-X STREET SNACKS, LLC, Index No. 602374/09 Plaintiff, AFFIDAVIT OF -against- THOMAS MAKKOS IN FURTHER SUPPORT BRIDGE ASSOCIATES OF SOHO, INC., OF AMOUNTS DUE ADAM D. LUCKNER, M1DWAY 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, and NEW YORK CITY DEPARTMENT OF FINANCE, Defendants. _____________________________________X COUNTY OF NEW YORK) ) ss.: STATE OF NEW YORK ) THOMAS MAKKOS, being duly sworn, deposes and states as follows: 1. I am a managing member of plaintiff Street Snacks, LLC ("Street Snacks") and as such make this affidavit in further support of the proposed computations of the amounts due from Bridge Associates of Soho, Inc. (the "Bridge Associates"), Adam Luckner ("Luckner"), and Midway Holdings, Corp. ("Midway") (hereinafter collectively referred to as the "Luckner Defendants") submitted by Street Snacks to the Referee. 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. I have personal knowledge of Snacks' 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 transmitted by persons with personal knowledge; (b) 1 of 7 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022 Snacks' kept in the course of Street regularly conducted business activities; and it is Street (c) Snacks' regular practice to make such records. THE COURT PREVIOUSLY DETERMINED THAT THE LUCKNER DEFENDANTS INDUCED STREET SNACKS TO FORBEAR FROM PROSECUTING THIS LAWSUIT 3. On multiple separate occasions, the court previously determined that the Luckner Defendants induced Street Snacks to forebear from prosecuting this lawsuit during on-going complex global settlement negotiations and then attempted to take advantage of that same forbearance. See the Affirmation of Amy D. Carlin in Further Support of Amounts Due dated October 17, 2022 (the "Carlin Affirmation"), at ¶¶ 5-17. The Referee should reject the Luckner Defendants' instant request to eliminate the interest that accrued from 2009 to 2015 because to do otherwise would reward their efforts to avoid their substantial contractual liabilities based on the same fabricated allegations that were previously rejected by the court. 4. Shortly after Street Snacks filed and served the complaint to foreclose the subject mortgage in August 2009, Alan Luckner, the Vice President of Bridge Associates and Adam Defendants' Luckner's father, initiated settlement discussions with Street Snacks. The Luckner negotiations centered around the disposition of 533 Greenwich Street (a/k/a 99 Vandam Street), New York, New York, (the "NYC Property"), a property with a complicated history and encumbrances but with substantial long-tenn value. Carlin Affirmation at Exhibits C and D. 5. The NYC Property is a seven-story, fourteen-unit interim multiple dwelling residential loft building. Upon information and belief, twelve of the residential units are occupied by long-term residents who have been on a rentstrike since 1990. 6. During the protracted negotiations, the Luckner Defendants requested, and Street Snacks granted, multiple extensions in time for them to respond to the complaint, eventually 2 2 of 7 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022 Defendants' agreeing in writing to extend the Luckner deadline indefinitely. Carlin Affirmation at Exhibit A. Street Snacks agreed to forbear from prosecuting this lawsuit while the parties worked to achieve a global settlement, first in the form of a deed in lieu of foreclosure transaction, then a sale of the NYC Property to a third-party, and finally a refinancing of the liens secured by the NYC Property. Street Snacks gave the Luckner Defendants the time and opportunity to negotiate a settlement that would enable Bridge Associates to retain ownership of the NYC Property or at least profit from itssale. Carlin Affirmation at Exhibits C and D. 7. After numerous attempts at structuring a global settlement failed, the Luckner Defendants concluded that itwas unlikely that they would be able sell the NYC Property or refinance the subject mortgage. Apparently unwilling to close a deed in lieu of foreclosure transaction with Street Snacks, the Luckner Defendants sought to entirely avoid and then delay Snacks' the foreclosure of Street mortgage (which secured a matured debt for which they had no Snacks' defense) by filing baseless motions seeking to dismiss Street lawsuit. Carlin Affirmation at ¶6. STREET SNACKS IS ENTITLED TO RECOVER THE EXPENSES IT ADVANCED PROTECTING ITS SECURITY AND MAINTAINING THE NYC PROPERTY 8. Bridge Associates stopped paying the real estate taxes for the NYC Property in or around November 2008. Carlin Afirmation at ¶29; Afidavit of Amounts Due of Thomas Makkos sworn to on September 13, 2022 previously submitted to the Referee (the "Makkos September Afidavit"), at ¶16. Bridge Associates also stopped maintaining, repairing, and paying the operating expenses for theNYC Property. Carlin Affirmation at ¶29. Associates' 9. Bridge failure to properly manage the building resulted in the issuance of numerous violations and liens being placed on the NYC Property. By way of example, see 3 3 of 7 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022 Empire State Research, Inc.'s report annexed hereto as Exhibit the unpaid water 12, listing taxes, rates,and assessments that were indexed as liens against the NYC as of 2012. Property February 14, Associates' 10. As a result of Bridge abject failure to manage the NYC properly Property during the pendency of this lawsuit, Street Snacks incurred substantial expenses protecting its security and maintaining and the NYC pursuant to ¶¶19 and 20 protecting Property of the mortgage. As a managing member of Street Snacks and Makkos LLC (Street Equities, Snacks' Snacks' management company for the NYC Property), I was directly involved in Street payment of the expenses, including signing the checks issued Makkos Equities, LLC. The by $227,045.55 in carrying charges Street Snacks advanced in connection with the NYC Property's real estate taxes, water and sewer charges, extennination fees, architect and consultant fees, and other carrying charges affecting the NYC Property are set forth in Exhibit 6 annexed to the Makkos September Affidavit. 11. On or about May 7, 2010, Street Snacks entered into an In Rem Installment Agreement with the New York City Department of Finance in connection with the NYC Property (Block 597, Lot 37), agreeing to pay real estate taxes in the total sum of $218,868.46, payable through a down payment of $32,830.27 and twenty quarterly monthly installments of $14,287.73. The pertinent part of the In Rem Installment Agreement is annexed hereto as Exhibit 13. 12. As set forth in Exhibit 6 to the Makkos September Affidavit, Street Snacks paid $186,190.85.¹ real estate taxes for the NYC Property in the total sum of Supplemental back-up Snacks' documentary evidence reflecting Street real estate tax payments is annexed hereto as t Defendants' Contrary tothe Luckner assertion,StreetSnacks is not seeking torecover a double payment for the settlement payment StreetSnacks made to NYCTL 2011-A Trust MTAG to resolve a tax lienforeclosure action. Snacks' Street February 1, 2013 payment in the amount of $11,542.83 is listedonce in Exhibit 6 to theMakkos "R.E.Tax." September Affidavitunder 4 of 7 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022 14.2 Exhibit See also check nos. 5767, 5929, and 6447, which are included in Exhibit 7 to the Afidavit.3 Makkos September 13. As set forth in Exhibit 6 to the Makkos September Affidavit, Street Snacks paid water and sewer charges to the New York City Water Board and/or the New York Department City of Finance for the NYC Property in the total sum of $18,112.71. Supplemental back-up Snacks' documentary evidence reflecting Street payments of water and sewer charges in connection with the NYC Property's Account No. 10001-11220-001 is annexed hereto as Exhibit 15. See also check nos. 4212, 5981, 6108, 6290, and 6411, which are included in Exhibit 7 to the Makkos September Afidavit. 14. As set forth in Exhibit 6 to the Makkos September Affidavit, Street Snacks paid annual boiler inspection fees to Boro Fuel Oil Co. Inc. in connection with the NYC Property's boiler (#2776001) in the total sum of $1,180. By way of example, annexed hereto as Exhibit 16 is a copy of Boro Fuel Oil Company, Inc.'s invoice relating to services performed in connection with the 2011 boiler inspection. Annexed hereto as Exhibit 17 isa Boiler Details report from the New York City Department of Buildings ("NYC DOB") listing the annual inspections of the NYC Property's boiler. See also check nos. 4724, 5834, and 6519, which are included in Exhibit 7 to the Makkos September Affidavit. 15. New York City property owners are required to keep apartments and building common areas free of pests. The appearance of rats, mice, and roaches inside a tenant's apartment or in a building's common area can result in a violation under the Local Law 55 of 2 Forthe the includedin Exhibits and 16 annexed copies avoidance of any doubt, checks 14,15, hereto are duplicate of certainchecks that were included in Exhibit 7 to the Makkos September Affidavit. Certain checks are being reproduced again here solelyforease of reference. 3 Defendants' Contrary tothe Luckner assertion,StreetSnacks is not seeking torecover a double payment for the settlement payment StreetSnacks made to NYCTL 2011-A TrustMTAG to resolve a tax lienforeclosure action. Snacks' Street February 1, 2013 payment in the amount of $11,542.83 is listedonce in Exhibit 6 to theMakkos "R.E.Tax." September Affidavitunder 5 5 of 7 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022 2018. By way of example, see Exhibit 12 at p. 3, listing pest control fees that were indexed as liens against the NYC Property as of February 14, 2012. 16. Accordingly, as set forth in Exhibit 6 to the Makkos September Affidavit, Street Snacks paid exterminator charges to Magic Pest Management, LLC for services rendered at the NYC Property in the total sum of $1,211.79. See also check nos. 5097, 5603, and 5879, which are included in Exhibit 7 to the Makkos September Affidavit. 17. The New York City Facade Inspection Safety Program, also known as "Local 11," Law requires New York City buildings tallerthan six stories to have their facades inspected and repaired every five years. Noncompliance with Local Law 11 regulations can result in fines and penalties ranging from several hundred dollars to thousands of dollars. In 2002, Bridge Associates retained the services of an architect, Arpad Baksa, in connection with Local Law 11 work performed at the NYC Property. See the NYC DOB's Fagade Status report listing Mr. "applicant" Baksa as the for the work, annexed hereto as Exhibit 18. 18. Accordingly, because of his familiarity with the NYC Property, Street Snacks retained Mr. Baksa in 2010 to perform work preparing a Local Law 11 report in connection the building. As set forth in Exhibit 6 to the Makkos September Affidavit, Street Snacks paid Mr. Baksa architectural fees in the sum of $5,235.28. Supplemental back-up documentary evidence Snacks' submittal" providing further support for Street payment to Mr. Baksa for "Local Law is annexed hereto as Exhibit 19. See also Mr. Baksa's September 29, 2010 invoice containing the Report" reference "Re: 533 Greenwich Street/LL1l and check no. 4818, which are included in Exhibit 7 to the Makkos September Affidavit. 6 6 of 7 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 144 RECEIVED NYSCEF: 10/17/2022 19. By reason of the foregoing, the Referee should determine that as of September 1, 2022, there is due and owing to Street Snacks under the Note and Mortgage, exclusive of legal fees and disbursements incurred in connection with the within action, the total sum of $7,940,109.87. thon s fakkos S to before me this ay of October, 2022 No 1KI (OPIS PU LIC STATE OF NEW YORK NOTARY N . 1814890803 Qualifted in New York County Commisslen ExpliesAprit27, 20 My 7 7 of 7