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  • Street Snacks Llc v. 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 FinanceCommercial - Other (Foreclosure) document preview
  • Street Snacks Llc v. 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 FinanceCommercial - Other (Foreclosure) document preview
  • Street Snacks Llc v. 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 FinanceCommercial - Other (Foreclosure) document preview
  • Street Snacks Llc v. 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 FinanceCommercial - Other (Foreclosure) document preview
  • Street Snacks Llc v. 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 FinanceCommercial - Other (Foreclosure) document preview
  • Street Snacks Llc v. 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 FinanceCommercial - Other (Foreclosure) document preview
  • Street Snacks Llc v. 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 FinanceCommercial - Other (Foreclosure) document preview
  • Street Snacks Llc v. 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 FinanceCommercial - Other (Foreclosure) document preview
						
                                

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FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 EXHIBIT D FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 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, AFFIRMATION -against- IN OPPOSITION OF AMY D. BRIDGE ASSOCIATES OF SOHO, INC., CARLIN ADAM D. LUCKNER, MIDWAY HOLDINGS CORP., YORK RESOURCES LLC, STERLING NATIONAL BANK, NEW YORK STATE DISTRICT ATTORNEY, ORAL ARGUMENT STATE OF NEW YORK, CITY OF NEW YORK, NEW REQUESTED YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE and “JOHN DOES, Numbered 1 through 25,” 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. ------------------------------------------------------------------X AMY D. CARLIN, an attorney duly admitted to practice law before the courts and the State of New York, hereby affirms under penalty of perjury as follows: 1. I am a member of LaRocca Hornik Rosen Greenberg & Blaha LLP, attorneys for plaintiff Street Snacks, LLC (“Street Snacks”). As such I am personally familiar with the facts and circumstances stated herein. I make this affirmation in opposition to the motion of defendants Bridge Associates of Soho, Inc. (“Bridge Associates”) and Adam Luckner (hereinafter Bridge Associates and Adam D. Luckner are collectively referred to as “Defendants”) to dismiss the complaint pursuant to CPLR 3215(c). FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 2. The evidence demonstrates that Street Snacks has not abandoned this action to foreclose a commercial mortgage. From the outset, Bridge Associates and Street Snacks sought to settle this lawsuit and reaching a global settlement would not have been possible without holding the prosecution of this action in abeyance. In that regard, Defendants are aware that Street Snacks has no intention of abandoning its claims for repayment of the subject loan or this lawsuit. 3. On or about August 17, 2009, Street Snacks served the Complaint upon Defendants. Shortly after being served, I received a telephone call from Alan Luckner (“Alan”). Alan informed me that he was Adam Luckner’s father and an authorized representative of Defendants. Alan is a sophisticated businessman with experience developing and managing multi-family and mixed use properties in New York. 4. Alan advised me that Defendants were interested in exploring a possible settlement of the lawsuit. He gave me his brief account of the subject loan’s history and the primary property securing it, 533 Greenwich Street, New York, New York (the “NYC Property”). Alan told me that he might be “looking to get out” of the NYC Property and requested that my client and I meet with him and Robert Friedman, the principal of York Resources LLC (“York”), to discuss possible settlement options. York is the holder of a lien (the “York Mortgage”) on the NYC Property that is subordinate to Street Snacks’ lien. 5. On or about September 15, 2009, Thomas Makkos and I met with Alan and Robert Friedman. Mr. Friedman is a lawyer and a well-established real estate developer whose affiliated entities have substantial real estate holdings in New York. Alan advised us that Mr. Friedman was also his close personal friend and that Bridge Associates owed Mr. Friedman’s company approximately $700,000 in connection with the York 2 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 Mortgage. 6. During the meeting, we discussed Street Snacks’ Note, the condition of the NYC Property, and the obstacles Alan had experienced in dealing with the long-term residents (the “Statutory Tenants”) who were on rent strike since 1990. Although we did not discuss the material terms of a settlement at that initial meeting, the parties agreed to continue to pursue the possibility of a settlement. 7. Following the meeting, I had numerous telephone conversations with Alan concerning the NYC Property and the parameters for settlement. 1 Alan also requested that Street Snacks extend Defendants’ time to answer or move in response to the Complaint. Alan instructed me to send the letter confirming the extension to him by way of an e-mail addressed to Allysa Nguyen, his daughter-in-law (and, upon information and belief, Adam Luckner’s wife). See the letter with transmittal e-mail annexed hereto as Exhibit A extending Defendants’ time to answer to October 29, 2009. 8. The settlement discussions culminated with Alan proposing to transfer the NYC Property to Street Snacks through a deed in lieu of foreclosure. On or about October 21, 2009, Alan confirmed the terms for the potential settlement, which included (a) Bridge Associates transferring the NYC Property to Street Snacks through a deed in lieu of foreclosure; (b) Street Snacks releasing Bridge Associates and the guarantors from any liability for a deficiency; (c) York releasing and/or assigning the York Mortgage to Street Snacks in exchange for Street Snacks’ installment payments of certain consideration; (e) Street Snacks releasing its lien on the Woodmere Property and Long Island Property; and (f) Street Snacks paying the closing costs for the transaction, 1 From the outset, Alan elected to take an informal approach to the lawsuit and settlement discussions, handling the negotiations personally rather than retaining a lawyer. 3 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 including the real estate transfer taxes and recording costs. The proposed terms were subject York’s approval and any issues or conditions that arose during Street Snacks’ due diligence and preparation for the closing of the transaction. 9. As a result of the ongoing settlement discussions, Street Snacks extended Defendants’ time to respond to the Complaint to November 30, 2009. See the letter dated October 23, 2009 with transmittal e-mail, annexed hereto as Exhibit B. 10. Initially, York demanded that Street Snacks provide York with security for the installment payments in the form of a self-liquidating mortgage to be recorded against the NYC Property. Street Snacks rejected York’s demand. After further negotiations, Alan advised me that Robert Friedman agreed to accept the personal guaranties of Street Snacks’ members as security for the payments. 11. With the terms of a settlement agreed to in principal, Street Snacks undertook its due diligence and preparations for closing the transaction, including investigating the conditions at the NYC Property, the scope of work and costs of repairs to make the building code compliant, and curing any conditions that would prevent Street Snacks from obtaining clear title to the property. I had numerous telephone conversations with Alan concerning the many issues that had to be addressed prior to and/or at closing. 12. In that regard, the title report prepared in advance of the closing of the transaction indicated that judgments totaling on excess of $26,000 and Environmental Control Board violations totaling in excess of $50,000 were recorded against the NYC Property. The title report also noted a recorded lease from 1977, a mortgage from 1962, a mortgage from 1963, a mortgage from 1977, and a mortgage from 1985 that would have to be resolved prior to closing. See the excerpts from the title report annexed hereto 4 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 as Exhibit C. 13. In order to calculate the total consideration for purposes of paying the real estate transfer taxes for the transaction, Street Snacks retained Michael Darling of Realty Check, Inc. to appraise the NYC Property. The preliminary drafts of the appraisal did not properly address the complicated circumstances surrounding the NYC Property that would substantially impact its value. In that regard, Alan provided Mr. Darling with certain information concerning the history of the building and his dealings with the Statutory Tenants. See my e-mail to Allysa Nguyen dated June 25, 2010 advising Alan that the appraiser would be contacting him, annexed hereto as Exhibit D. 14. Although Mr. Darling was retained in or about June 2010, the appraisal was not finalized until almost one year later. See Mr. Darling’s transmittal e-mail to me dated May 11, 2011, annexed hereto as Exhibit E. 15. As a result of Street Snacks’ increasing closing costs and the risks associated with renovating, maintaining, and operating the NYC Property, it was agreed that the consideration that Street Snacks was to pay to York would be reduced. 16. Because the closing of the transaction was still pending, rather than continue to provide Defendants brief extensions of time to respond to the Complaint, Alan requested that Street Snacks extend Defendants’ time to respond indefinitely. See the letters with transmittal e-mails extending Defendants’ time to answer, annexed hereto collectively as Exhibit F. 17. On September 14, 2011, Street Snacks extended Defendants’ time to answer or move with respect to the Complaint “to a date that is twenty (20) days from the date of service of a written demand for same.” See my letter with the transmittal e-mail 5 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 thread, including Ms. Nguyen’s request that Defendants’ time to respond be expanded to 30 days upon demand, annexed hereto as Exhibit G. 18. Street Snacks further agreed that it would pay Bridge Associates an amount toward the carrying costs of the NYC Property it was incurring while the transaction was pending. 19. I continued to have regular telephone conversations with Alan discussing the conditions at the NYC Property, the violations, the Statutory Tenants, the real estate taxes and tax lien foreclosure action, and the transfer taxes that would be due at closing. By way of example, see my e-mail to Alan dated November 20, 2012, annexed hereto as Exhibit H. 20. In December 2012, I advised Alan that Street Snacks was prepared to move forward to close the transaction for transferring the NYC Property with the deed in lieu of foreclosure. See my follow-up e-mail to Brian Gallagher, Esq. dated December 17, 2012, annexed hereto as Exhibit I.2 21. Shortly thereafter, Alan contacted me directly to advise me that rather than moving forward with the transaction to transfer the NYC Property to Street Snacks, Bridge Associates intended to sell the NYC Property to a buyer and use the proceeds to resolve, among other things, Street Snacks’ Note, real estate tax liens totaling over $840,000, and the York Loan. 22. Alan told me that the transaction was dependent upon Bridge Associates negotiating the purchase of all of the Statutory Tenants’ interests so that the buyer would receive title to the vacant NYC Property. Although Street Snacks was prepared to close 2 Alan advised me that Mr. Gallagher, who regularly represented Robert Friedman in connection with his companies’ real estate transactions, would be representing Bridge Associates at the closing. 6 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 the deed in lieu of foreclosure transaction, Alan demanded that the settlement be put on hold and that he be given time to complete the sale of the NYC Property. Alan contended that not only would it be in Street Snacks’ financial interest to forebear from prosecuting this lawsuit until the sale was completed, but that if Street Snacks did not, Bridge Associates would file for bankruptcy protection which would delay any resolution. 23. Under the circumstances, Street Snacks agreed to provide Bridge Associates with time to complete the transaction and achieve a global settlement. 24. I remained in close telephone contact with Alan and Robert Friedman during the spring of 2013, monitoring the progress of their contract negotiations with the buyer. In that regard, Mr. Friedman represented Bridge Associates in the pending transaction. 25. On July 2, 2013, Mr. Friedman informed me that the due diligence period provided in the parties’ contract of sale for the NYC Property had expired and that the buyer was moving forward with the transaction. See the letter from Robert Friedman to me annexed hereto as Exhibit J. Bridge Associates’ next step was to begin negotiations with the Statutory Tenants to arrive at an amount acceptable to all parties for the Statutory Tenants to vacate and surrender their rights. If the parties could not come to such an agreement, the buyer had the right to cancel the contract. In his letter, Mr. Friedman asked me to “stay in contact so I may keep you advised as to the progress of discussions with the tenants and a likelihood of closing.” 26. Mr. Friedman advised me during his periodic updates that because Bridge Associates was negotiating with the Statutory Tenants as a group rather than with each individual tenant directly, the discussions were progressing very slowly. 7 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 27. On September 4, 3013, Street Snacks provided Bridge Associates with an itemization of the outstanding amounts due under the Note that would have to be satisfactorily resolved as part of the global settlement. See my letter to Robert Friedman dated September 4, 2013, annexed hereto as Exhibit K. 28. I remained in regular telephone contact with Mr. Friedman, generally receiving bi-weekly updates on the status of his negotiations with the Statutory Tenants. 29. On April 2, 2014, Thomas Makkos and I met with Mr. Friedman to discuss his negotiations with the Statutory Tenants and to also explore other possible options for settling the amounts due from Bridge Associates to Street Snacks under the Note. See the e-mail thread ending on March 29, 2014, annexed hereto as Exhibit L. At the meeting, Mr. Friedman advised us that his negotiations with the Statutory Tenants were on-going and that to date, nothing had arisen during his discussion with the Statutory Tenants’ lawyer that would indicate that an agreement could not be reached. 30. Ultimately, Bridge Associates’ contract to sell the NYC Property to the buyer terminated after Bridge Associates and the Statutory Tenants could not agree to a purchase price for their interests. During a telephone conversation on or about September 8, 2014, Alan advised me that 50% of the Statutory Tenants demanded a higher purchase price than Bridge Associates was able and/or willing to pay. 31. When I told Alan that Street Snacks was prepared to move forward with the deed in lieu of foreclosure, he advised me that he had already taken steps to refinance the liens on the NYC Property to enable Bridge Associates to develop the property with the Statutory Tenants remaining in place. Alan represented that he was negotiating with several private lenders interested in providing the necessary financing as joint venturers 8 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 for the development of the building. 32. Alan continued to provide me with frequent updates until March 11, 2015, when he informed me that Bridge Associates had a commitment to refinance the liens on the NYC Property. In preparation for the anticipated transaction, he requested that Street Snacks issue an updated pay-off letter for the amounts due under its Note. See my letter to Alan dated March 27, 2015, annexed hereto as Exhibit M. 33. On or about April 29, 2015, Alan advised me that he was completing the necessary paperwork for a loan in the amount of approximately $6.5 million that would resolve the lawsuit and Note, satisfy the real estate tax liens, resolve the York Mortgage, and pre-pay one year of interest. He advised me that the closing of the transaction was scheduled for June 6, 2015. 34. On May 19, 2015, when I contacted Alan to obtain an update on the transaction, he confirmed that the closing was still scheduled for June 6th, pending receipt of an appraisal of the NYC Property. During our conversation, Alan identified the lender as Kennedy Funding, a large private lender specializing in bridge loans for commercial properties, who was introduced to Alan by Eastern Consolidated. Alan claimed that he had already invested $35,000 in closing costs for the transaction and that the only delay was the completion of the lender’s appraisal. 35. Ultimately, Bridge Associates’ transaction with Kennedy Funding terminated as a result of the valuation placed on the NYC Property by the lender’s appraiser. On September 21, 2015, Alan advised me that he believed that the lender’s appraisal was unreasonably low and did not accurately reflect the NYC Property’s real value. Alan told me that he was already working on negotiating a new arrangement to 9 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 refinance the liens on the NYC Property with several interested private lenders introduced to him by Adelaide Polsinelli of Eastern Consolidated and Rick Helfand of Berko & Associates. 36. I attempted to contact Alan several times in late October 2015 seeking an update on the proposed refinancing but I did not receive any response. Approximately one week later, Defendants served the within motion. 37. The record established that after the lawsuit was filed and served, there were constant communications between Street Snacks and Bridge Associates concerning the settlement of this lawsuit, including the deed in lieu of foreclosure transaction, the sale of the NYC Property, and the refinancing of the liens encumbering the NYC Property. Each proposed settlement hinged on Street Snacks holding the prosecution of this action in abeyance. Defendants' 38. Street Snacks agreed to indefinitely extend time to answer the Complaint in order to provide Defendants with the opportunity to resolve this matter. Snacks' Defendants are well aware that Street forbearance to pursue a judgment while Defendants attempted to achieve a global settlement does not reflect any intention on the part of Street Snacks to abandon this lawsuit or its claims for repayment of the subject loan. Defendants' WHEREFORE, deponent respectfully requests that motion be denied in itsentirety, and that Plaintiff be granted with such other and further relief as this Court determines is just and proper. Dated: New York, New York .. 7 c December 21, 2015 AmÝ D. Carlin 10 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 EXHIBIT A FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 Amy Carlin From: Allysa Nguyen Sent: Wednesday, september 16, 2009 1:53 PM To: Amy Carlin Subject: RE: Street Snacks, LLC v. Bridge Associates Of 50h0, Inc., et at Attachments: letter.pdf Please see attached. Allysa Nguyen Sheldon May & Associates, P.C. 255 ~ Merrick Road RockvilleCentre, New York 11570 - ~ Telephone: (516) 763 3200 Facsimile:(516) 763 -3243 Telephone: - ~ 394 - 4245 Direct (516) 394 4244 Direct Facsimile: (516) THIS MESSAGEIS INTENDEDONLYFORTHE USEOF THE RECIPIENTTO WHOM IT IS ADDRESSED,AND MAY CONTAIN fNFORMATION THAT IS PRIVILEGED, CONFIDENTIALAND EXEMPTFROM DISCLOSUREUNDERAPPLICABLELAW. IF THE READEROF THIS MESSAGEIS NOT THE INTENDED RECIPIENT,OR THE EMPLOYEEOR AGENT RESPONSIBLE FORDELIVERINGTHE MESSAGETO THE INTENDED RECIPIENT,YOU ARE HEREBYNOTIFIEDTHAT ANY DISSEMINATION, DISTRIBUTIONOR COPYINGOF THISCOMMUNICATION ISSTRICTLYPROHIBITED.IF YOU HAVE RECEIVEDTHISCOMMUNICATION IN ERROR,PLEASEDESTROYIT AND NOTIFY US IMMEDIATELY BYTELEPHONEOR RETURNEMAIL. Pursuant to IRSCircular 230, we hereby inform any U.S. federal tax advice set forth you that herein was not intended or written by Sheldon May & Associates, P.C. to may be imposed on you or any other person under the Internal be used, and cannot be used, by you or any taxpayer, for the purpose of avoiding any penalties that Revenue Code. FNm: Amy Carlin [mailto:ACarlin@lhrgb.com] Sent: Wednesday, September 16, 2009 1:36 PM To: Allysa Nguyen Subject: Street Snacks, LLC v. Bridge Associates of SohD, Inc., et al. Pursuant to his instructions, please forward the attached letterto Alan Luckner. Thank you. LAROCCA HORN1K ROSEN GREENBERG BLAÑA LLP coomiumr uw Amy D. Carlin,Esq. The Trump Building 40 Wall Street, 32nd Floor New York, NY 10005 Tel.(212) 530-4835 Fax (212) 530-4815 Email: ACARLIN@LHRGB.Ç0M Please,don'tprintif youdon'thaveto ________________-___________________ This e-mail, and any attachments hereto, isintended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient Of thise-mail, you are hereby notified that any dissemination, distribution Or copying Of this e-mail, and any attachments hereto, isstrictlyprohibited. If you have received this e-mail inerror, please immediately notifyme by reply e-mail and permanently delete the Original and any copy of this e-mail and any printout thereof. Finally, while the company uses virus protection, the recipient should 1 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 check this email and any attachments forthe presence of viruses. The company accepts no liabilityfor any damage caused by any virus transmitted by this email. This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email . . 2 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 LAROCCAH ORNIK ROSEN ÏG ifo u x LAWR11NC)E S.ROSEN GREENBERG BLAHA LLP Ron cannao a ,, ERICl'liTER ELAMA COUNSELORS AT LAW FLORENCLi R. GOFIiMAN40 HERITAM. BE/.A11 AMYD. CARUN A 65HARRISTOWNKOAD DAVID N. KtTTREDGEA THE TRUM.PBUILDING 3M ROOK KARliNN. G RAYSON-RO DGERSO 40 WALL STREET -4N 2 ERINK. DDRKE o 32ND FlooR 2014M-3541 FAX PATRickT. MCPARTI.AN Da NI!W YORK, NY 100D5 ANDREWG. H EG'r FmMD COMMONS MPLAN1EB.ANDIUiWS 212430--4823 S3S° H ANDRiiWM. POLLl!R4 212-530-481S FAX R¼¶ FRuHOLAN) OMB Jy LMRGB.COM 73240M1% o or couNatAnomm 732-40%330 FAX o cmmmuMau MomAtIn ATTORNEY DIRECT DJAL: 212.530.4835 FRAIL; ”Ç RLEERGB.COM September 16, 2009 VIA EMAIL allysa.nguyen@maylawfirm.com Mr. Alan Luckner 619 Bridge Street Woodmere, NY 11598 Re: Street Snacks, LLC v. Bridge Associates of Inc. Soho, Index No. 602374/09 Dear Mr. Luckner: As you are aware, we represent plaintiff Street LLC in connection Snacks, with the referenced matter. This is to confirm that plaintiffhas agreed to to October extend, 2, 2009, the date by which defendants Bridge Associates of Adam D. Luckner Soho, Inc., and Midway Holdings Corp. must answer or move with respect to the Summons and Complaint. Defendants hereby agree to waive any defenses have to service of the they may Complaint. Defendants further agree that a facsimile of thisletter shall be deemed to copy have the same force and effect as the original hereof. Please arrange for the defendants to confirm that the isa correct statement foregoing of parties' the agreement by having them sign thisletter in the spaces below and to returning it us. Very truly yours, Amy D. Carlin LMBWAmzkm1tr.9-3fAVAac FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 ACCEPTED AND AGREED: BRIDGE ASSOCIATES OF SOHO, INC. ADAM D. LUCKNF,R Title: MIDWAY HOLDINGS CORP. Title: ()x LA1522L03VMtncr,lt.9-16.09Aac FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 EXHIBIT B FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 Amy Carlin From: Allysa Nguyen Sent: Friday, October 23, 2009 10:36 AM To: Amy Carlin Subject: RE: Street Snacks LLC v. Bridge Associates of Soho, Inc. Thanks! . . Allysa Nguyen Sheldon May & AssociateS, P.C. ~ 255 Merrick Road RockvilleCentre, New York 11570 - ~ - Telephone: (516) 763 3200 Facsimile:(516) 763 3243 - ~ - 4245 Direct Telephone: (516) 394 4244 Direct FacSimile: (516) 394 THIS MESSAGEIS INTENDEDONLY FORTHE USEOF THE RECIPIENTTO WHOM IT IS ADDRESSED,AND MAY CONTAIN INFORMATION THAT IS PR1VlLEGED, CONFIDENTIALAND EXEMPTFROM DISCLOSUREUNDERAPPuCABLELAW. IF THE READEROF THIS MESSAGEIS NOT THE INTENDED RECIPIENT,OR THE EMPLOYEEOR AGENT RESPONSlBLEFORDEUVERINGTHE MESSAGETO THE INTENDED RECIPIENT,YOU ARE HEREBYNOTlFIEDTHAT ANY DISSEMINATION, DISTRIBUTIONOR COPYINGOFTHIS COMMUNICATION ISSTRICTLYPROHIBITED.IF YOU HAVE RECEtVEDTHIS COMMUNICATION IN ERROR,PLEASEDESTROYIT AND NOTIFYUS IMMEDIATELY BYTELEPHONEOR RETURNEMAIL. Pursuant to IRSCircular 230, we hereby inform you that any U.S. federal tax advice set forth herein was not intended or written by Sheldon May & Associates, P.C.to be used, and cannot be used, by you or any taxpayer, for the purpose of avoiding any penalties that may be imposed on you or any other person under the Internal Revenue Code. From: Amy Carlin [mailto:ACarlin@ihrgb.com] Sent: Friday, October 23, 2009 9:48 AM To: Allysa Nguyen Subject: Street Snacks LLC v. Bridge Associates of Soho, Inc. Please forward the attached letter to Alan Luckner. Thank you. LARoccA H ORN1K ROS EN G R£iiN t1ERG LAHA LLP edthnon Ar aw Amy D. Cadin, Esq. The Trump Building 40 Wall Street, 32nd Floor New York, NY 10005 Tel.(212) 530-4835 Fa x (212)530-4815 Email: ACARLIN(d)LHRGB.COM Please,don'tprintif youdon'thaveto __________.----._______________------ This e-mail, and any attachments hereto, isintended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. Ifyou are not the intended recipient of thise-mail, you are hereby notified that any dissemination, distribution or copying of thise-mail, and any attachments hereto, is prohibited. strictly If you have received this e-mail inerror, please immediately notifyme by reply e-mail and permanently delete the original and any copy of thise-mail and any printout thereof. Finally, while the company uses virus protection, the recipient should check this email and any attachments for the presence of viruses. The company accepts no for liability any damage caused by any virus transmitted by thisemail 1 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 10/17/2022 This email has been scanned the MessageLabs Email System. by Security For more information please visit http://www.messagelabs.com/email 2 FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 132