Preview
FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 159 RECEIVED NYSCEF: 10/17/2022
SCHEDULE F
FILED: NEW YORK COUNTY CLERK 09/29/2022
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NYSCEF DOC. NO. 124
159 RECEIVED NYSCEF: 09/29/2022
10/17/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------X Index No.: 602374/2009
STREET SNACKS, LLC,
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,
Defendants.
---------------------------------------------------------X
OBJECTION TO PROPOSED COMPUTATION AND
REFEREE'S REPORT & DEMAND FOR HEARING
Peter K. Kamran, a partner at the law firm of Lester Korinman Kamran & Masini, P.C.
counsel to defendants Bridge Associates of Soho, Inc, Adam Luckner, and Midway Holdings
Corp. (the "Defendants"), submits the following objection to Street Snacks, LLC's (the
Computation"
"Plaintiff") "Notice of dated September 15, 2022 (the "Notice of Computation")
attaching a proposed Referee's Report (the "Proposed Report"), based upon your affirmant's
review of the filein my office and conversations with the Defendants.
INTEREST SHOULD BE TOLLED BETWEEN 2009 & 2015
1. Initially, Defendants submit that the interest contained in Plaintiff's proposed
computation should be tolled for the amount of time that Plaintiff purposefully failed to pursue
this action and hired Defendants by allowing them an indefinite period of time to submit an
answer to Plaintiff's complaint.
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2. It is clear from the deposition testimony of Thomas Makkos ("Makkos"), a
"clowns"
member of the Plaintiff LLC, that Makkos had no problem allowing the (Alan Luckner
and Robert Friedman) as he puts it an indefinite period of time to respond to Plaintiff's
complaintI
as they attempted to formulate a resolution for this action.
"A"
3, Attached hereto as Exhibit are excerpts from the Makkos deposition showing
that Makkos, from the very beginning of settlement negotiations in 2009, felt Alan Luckner had
no credibility and that both Robert Friedman and Alan Luckner were "clowns". This begs the
question as to why Makkos allowed the Defendants an indefmite period of time to answer
"A"
Plaintiff's complaint (Exhibit at the page marked 147) if he thought the settlement
negotiations were going nowhere,
4. This is answered - the interest was at the
question, however, easily accruing
exorbitant default rate of 24%. Plaintiff was well aware that this interest would continue to
accrue until a judgment of foreclosure was signed and Plaintiff was more than willing to just sit
20152 Defendants'
by for more than half a decadeuntil and use the properties as a piggybank.
5. Under the circumstances and since the Defendants were prejudiced by this
unexplained delay during which time millions of dollars in interest had been accruing, it is
warranted to toll and cancel interest that accrued during the time Plaintiff failed to pursue this
action in any way. See Citicorp Tr. Bank, FSB v. Vidaurre, 155 A.D.3d 934, 935, 65 N.Y.S.3d
237 (N.Y. App. Div. 2017); see also BAC Home Loans Servicing, LP. v. Jackson, 159 A.D.3d
861, 863, 74 N.Y.S.3d 59 (N.Y. App. Div. 2018).
I its'
Curiously, Plaintifffailsto attacha copy of the summons and complaint commencing thisaction to Notice of
Computation.
2 was through actions taken the
Notably, it by Defendants that prosecution of this instantforeclosure action was
resumed.
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6. "In an action of an equitable nature, the recovery of interest is within the court's
discretion. The exercise of that discretion will be governed by the particular facts in each case,
including any wrongful conduct by either party". Vidaurre, 155 A.D.3d 934.
7. Thus, itis respectfully requested that the interest should be eliminated for the
period 2009 to 2015 consistent with New York law on this issue. See CPLR § 5001(a)
(providing that in an equitable action, which includes a foreclosure action, "interest and the rate
and date from which it shall be computed shall be in the court's discretion"); Danielowich v. PBL
Development, 292 AD2d 414 (N.Y. App. Div. 1st Dept 2000) (mortgage interest rate reduced
from default rate of 16% to 9% where respondent delayed confirmation of referee's report for
five months); Yagamo Acquisitions, LLC v. Baco Development 102 Street, Inc., 278 AD2d 134
(N.Y. App. Div. 1st Dept 2000) (award of post-summary judgment interest limited to one year
where plaintiff failed to expeditiously obtain the judgment of foreclosure); Bankers Trust Co. of
California v. Bok, 26 Misc. 3d 1203(A), 906 N.Y.S.2d 777 (Sup. Ct. 2009) ("There simply is no
justifiable reason to direct any party to pay in excess of $200,000 worth of interest in a situation
where plaintiff is the singular cause for the delayed sale") (emphasis in original); Bernkopf
Goodman, LLP v. Sheepshead Landing LLC, 29 Misc. 3d 1229(A), 920 N.Y.S.2d 239 (Sup. Ct.
2010) modified on reargument, (N.Y. Sup. Ct. June 27, 2011) ("The Second Department has
found that legal costs incurred because of delay by Plaintiff need not be compensated") (citations
omitted); US Bank Nat. AssI v. Giola, 42 Misc. 3d 947, 953 (Sup. Ct. 2013) ("this court finds it
would not be fair to charge the defendants interest and penalties during the period of the Bank's
unreasonable and unexcused delay").
8. Therefore, based on the above, Defendants respectfully submit that the amount
due should be reduced by the amount of interest that accrued between commencement of this
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action on August 3, 2009, and November 10, 2015, when Defendants filed their motion to
dismiss forcing Plaintiff to resume prosecution of this action.
PLAINTIFF PROVIDES NO BASIS FOR THE EXPENSES
CONTAINED IN MAKKOS'S EXHIBIT 7
9. In support of Plaintiff's Notice of Computation Plaintiff submits the affidavit of
Thomas Makkos (the "Makkos Aff."). The Makkos Aff. references alleged payments made by
the Plaintiff through an entity under common ownership that were supposedly advanced to
protect Plaintiff's security and maintain and protect the Manhattan Property. Maldos Aff. at
¶18. Further, the Makkos Aff. attaches as Exhibit 7 canceled checks supposedly to support the
assertion these advances were made for the reasons stated. A copy of Makkos's Exhibit 7 is
attached hereto as Exhibit "B".
10. Initially, with respect to the 27 checks that comprise Maldos's Exhibit 7 only two
include a of an actual invoice or bill and one of these - Maldos Equities LLC check No.
copy
6447 in the amount of $11,542.83 payable to NYCTL 2011-A TRUST MTAG - is an exact
duplicate of Exhibit 5 to the Makkos Aff. and should be disregarded in itsentirety.
11. The remaining check that has a corresponding invoice is Maldos Equities LLC
check No. 4818 in the amount of $5,235.28 payable to Arpad Baksa Architect P.C. It is
completely unclear how hiring and paying for an architect can be an advance made to maintain
the property or protect Plaintiff's security.
12. Moreover, the remaining copies of canceled checks submitted by Plaintiff in
Exhibit 7 to the Maldos Aff, don't appear to have any connection with the Defendants.
13. The first two checks in Exhibit 7 bearing the bates numbers PL 554 and PL 576,
aside from being exact duplicates, are made payable to "Corporation Guarantee & Trust Co.".
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Plaintiff provides no explanation as to what connection this payment has with any of the issues,
Defendants, mortgages and/or properties involved in this action.
14. The checks in Exhibit 7 marked as PL 557, PL 566, PL 561, PL 563, PL 565, PL,
571, and the Makkos Equities LLC check No. 5767 in the amount of $23,459.70, are all made
payable to "NYC Dept. of Finance". However, none of these checks include an invoice or tax
bill and Plaintiff provides nothing whatsoever to connect these payments to any property let
alone the Manhattan Property.
Esq."
15. Likewise, Exhibit 7 contains a check payable to "Anne Kayman for
$1,000.00 (PL 564). Plaintiff provides no explanation of how this payment is an advance made
to maintain the property or protect Plaintiff's security.
16. Exhibit 7 also contains a check in the amount of $2,300.00 payable to "Realty
Inc."
Check, (PL 577). However, Plaintiff again provides no explanation of how this payment is
an advance made to maintain the property or protect Plaintiff's security.
17. The checks in Exhibit 7 marked as PL 556, PL 569, PL 575, and the Makkos
Equities LLC check No. 5392 in the amount of $820,00, are all made payable to "Boro Fuel Oil
Co. Inc.". However, none of these checks include an invoice or tax bill and Plaintiff provides
nothing whatsoever to connect these payments to any property let alone the Manhattan Property.
It is also unclear why Plaintiff mortgagee was paying for deliveries of oil.
18. The checks in Exhibit 7 marked as PL 560, PL 572, PL 573, PL 574, and the
Makkos Equities LLC check No. 5411 in the amount of $1,334.58, are all made payable to
"NYC Water Board". However, none of these checks include an invoice or water bill and even
though these checks include an account number, Plaintiff provides nothing whatsoever to
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connect this account number or these payments to any property related to this action or
Plaintiff's mortgage.
19. The checks in Exhibit 7 marked as PL 562, PL 567, PL 568, and PL 570, are all
m.ade payable to "Magic Pest Management, LLC". However, none of these checks include an
invoice or bill and Plaintiff provides nothing whatsoever to connect these payments to any
property letalone the Manhattan Property. It isalso unclear why Plaintiff mortgagee was paying
for pest management.
20. Based on the above Defendants respectfully submit that Plaintiff has failed to
"B" hereto)3
show that the payments contained in Exhibit 7 (Exhibit should be included in the
amotmts due.
21. Thus, without waiving these, and any further objections at a hearing that may be
scheduled by the Referee, Defendants object to the proposed Notice of Computation and
Proposed Report as set forth herein.
Dated: September 29, 2022 LESTER KORINMAN
Garden City, New York KAMRAN & MASINI, P.C.
By: Peter K. Kamran, Esq
Counsel to Defendants
600 Old Country Road, Suite 330
Garden City, New York 11530
(516) 357-9191
pkamran@lesterfirm.com
3 Except for the payment referenced above - Makkos Equities LLC check No. 6447 in the amount of $11,542.83
payable to NYCTL 2011-A TRUST MTAG. However, as thisis included in Exhibit 5 to the Makkos Aff. this
payment should not be double-counted.
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CERTIFICATE OF COMPLIANCE
Pursuant to Rule 202.8-b of the Unifonn Civil Rules for the Supreme Court & the County Court:
The foregoing Affirmation of Peter K. Kamran was prepared on a computer using Microsoft Word.
Pursuant to the word count system in Microsoft Word, the total number of words in this
affirmation, excluding the caption, signature block and this certification is 1,512 words.
Dated: September 29, 2022
Garden City, New York
Peter K. Kamran, Esq.
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EXHIBIT “A”
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NYSCEF DOC. NO. 125
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NYSCEF DOC. NO. 125
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FILED: NEW YORK COUNTY CLERK 09/29/2022
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NYSCEF DOC. NO. 125
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FILED: NEW YORK COUNTY CLERK 09/29/2022
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NYSCEF DOC. NO. 125
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FILED: NEW YORK COUNTY CLERK 09/29/2022
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NYSCEF DOC. NO. 125
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FILED: NEW YORK COUNTY CLERK 09/29/2022
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NYSCEF DOC. NO. 125
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FILED: NEW YORK COUNTY CLERK 09/29/2022
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NYSCEF DOC. NO. 125
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FILED: NEW YORK COUNTY CLERK 09/29/2022
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NYSCEF DOC. NO. 125
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FILED: NEW YORK COUNTY CLERK 09/29/2022
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NYSCEF DOC. NO. 125
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FILED: NEW YORK COUNTY CLERK 09/29/2022
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NYSCEF DOC. NO. 125
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Veritext Legal Solutions
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FILED: NEW YORK COUNTY CLERK 09/29/2022
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NYSCEF DOC. NO. 125
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Veritext Legal Solutions
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EXHIBIT “B”
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EXHIBIT
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PL 554
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PL 576
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PL 555
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PL 577
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PL 556
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PL 557
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PL 558
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PL 559
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PL 566
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PL 560
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PL 561
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PL 562
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PL 563
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Preview
FILED: NEW YORK COUNTY CLERK 10/17/2022 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 159 RECEIVED NYSCEF: 10/17/2022 SCHEDULE F FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 124 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------X Index No.: 602374/2009 STREET SNACKS, LLC, 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, Defendants. ---------------------------------------------------------X OBJECTION TO PROPOSED COMPUTATION AND REFEREE'S REPORT & DEMAND FOR HEARING Peter K. Kamran, a partner at the law firm of Lester Korinman Kamran & Masini, P.C. counsel to defendants Bridge Associates of Soho, Inc, Adam Luckner, and Midway Holdings Corp. (the "Defendants"), submits the following objection to Street Snacks, LLC's (the Computation" "Plaintiff") "Notice of dated September 15, 2022 (the "Notice of Computation") attaching a proposed Referee's Report (the "Proposed Report"), based upon your affirmant's review of the filein my office and conversations with the Defendants. INTEREST SHOULD BE TOLLED BETWEEN 2009 & 2015 1. Initially, Defendants submit that the interest contained in Plaintiff's proposed computation should be tolled for the amount of time that Plaintiff purposefully failed to pursue this action and hired Defendants by allowing them an indefinite period of time to submit an answer to Plaintiff's complaint. 1 of 7 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 124 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 2. It is clear from the deposition testimony of Thomas Makkos ("Makkos"), a "clowns" member of the Plaintiff LLC, that Makkos had no problem allowing the (Alan Luckner and Robert Friedman) as he puts it an indefinite period of time to respond to Plaintiff's complaintI as they attempted to formulate a resolution for this action. "A" 3, Attached hereto as Exhibit are excerpts from the Makkos deposition showing that Makkos, from the very beginning of settlement negotiations in 2009, felt Alan Luckner had no credibility and that both Robert Friedman and Alan Luckner were "clowns". This begs the question as to why Makkos allowed the Defendants an indefmite period of time to answer "A" Plaintiff's complaint (Exhibit at the page marked 147) if he thought the settlement negotiations were going nowhere, 4. This is answered - the interest was at the question, however, easily accruing exorbitant default rate of 24%. Plaintiff was well aware that this interest would continue to accrue until a judgment of foreclosure was signed and Plaintiff was more than willing to just sit 20152 Defendants' by for more than half a decadeuntil and use the properties as a piggybank. 5. Under the circumstances and since the Defendants were prejudiced by this unexplained delay during which time millions of dollars in interest had been accruing, it is warranted to toll and cancel interest that accrued during the time Plaintiff failed to pursue this action in any way. See Citicorp Tr. Bank, FSB v. Vidaurre, 155 A.D.3d 934, 935, 65 N.Y.S.3d 237 (N.Y. App. Div. 2017); see also BAC Home Loans Servicing, LP. v. Jackson, 159 A.D.3d 861, 863, 74 N.Y.S.3d 59 (N.Y. App. Div. 2018). I its' Curiously, Plaintifffailsto attacha copy of the summons and complaint commencing thisaction to Notice of Computation. 2 was through actions taken the Notably, it by Defendants that prosecution of this instantforeclosure action was resumed. 2 of 7 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 124 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 6. "In an action of an equitable nature, the recovery of interest is within the court's discretion. The exercise of that discretion will be governed by the particular facts in each case, including any wrongful conduct by either party". Vidaurre, 155 A.D.3d 934. 7. Thus, itis respectfully requested that the interest should be eliminated for the period 2009 to 2015 consistent with New York law on this issue. See CPLR § 5001(a) (providing that in an equitable action, which includes a foreclosure action, "interest and the rate and date from which it shall be computed shall be in the court's discretion"); Danielowich v. PBL Development, 292 AD2d 414 (N.Y. App. Div. 1st Dept 2000) (mortgage interest rate reduced from default rate of 16% to 9% where respondent delayed confirmation of referee's report for five months); Yagamo Acquisitions, LLC v. Baco Development 102 Street, Inc., 278 AD2d 134 (N.Y. App. Div. 1st Dept 2000) (award of post-summary judgment interest limited to one year where plaintiff failed to expeditiously obtain the judgment of foreclosure); Bankers Trust Co. of California v. Bok, 26 Misc. 3d 1203(A), 906 N.Y.S.2d 777 (Sup. Ct. 2009) ("There simply is no justifiable reason to direct any party to pay in excess of $200,000 worth of interest in a situation where plaintiff is the singular cause for the delayed sale") (emphasis in original); Bernkopf Goodman, LLP v. Sheepshead Landing LLC, 29 Misc. 3d 1229(A), 920 N.Y.S.2d 239 (Sup. Ct. 2010) modified on reargument, (N.Y. Sup. Ct. June 27, 2011) ("The Second Department has found that legal costs incurred because of delay by Plaintiff need not be compensated") (citations omitted); US Bank Nat. AssI v. Giola, 42 Misc. 3d 947, 953 (Sup. Ct. 2013) ("this court finds it would not be fair to charge the defendants interest and penalties during the period of the Bank's unreasonable and unexcused delay"). 8. Therefore, based on the above, Defendants respectfully submit that the amount due should be reduced by the amount of interest that accrued between commencement of this 3 of 7 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 124 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 action on August 3, 2009, and November 10, 2015, when Defendants filed their motion to dismiss forcing Plaintiff to resume prosecution of this action. PLAINTIFF PROVIDES NO BASIS FOR THE EXPENSES CONTAINED IN MAKKOS'S EXHIBIT 7 9. In support of Plaintiff's Notice of Computation Plaintiff submits the affidavit of Thomas Makkos (the "Makkos Aff."). The Makkos Aff. references alleged payments made by the Plaintiff through an entity under common ownership that were supposedly advanced to protect Plaintiff's security and maintain and protect the Manhattan Property. Maldos Aff. at ¶18. Further, the Makkos Aff. attaches as Exhibit 7 canceled checks supposedly to support the assertion these advances were made for the reasons stated. A copy of Makkos's Exhibit 7 is attached hereto as Exhibit "B". 10. Initially, with respect to the 27 checks that comprise Maldos's Exhibit 7 only two include a of an actual invoice or bill and one of these - Maldos Equities LLC check No. copy 6447 in the amount of $11,542.83 payable to NYCTL 2011-A TRUST MTAG - is an exact duplicate of Exhibit 5 to the Makkos Aff. and should be disregarded in itsentirety. 11. The remaining check that has a corresponding invoice is Maldos Equities LLC check No. 4818 in the amount of $5,235.28 payable to Arpad Baksa Architect P.C. It is completely unclear how hiring and paying for an architect can be an advance made to maintain the property or protect Plaintiff's security. 12. Moreover, the remaining copies of canceled checks submitted by Plaintiff in Exhibit 7 to the Maldos Aff, don't appear to have any connection with the Defendants. 13. The first two checks in Exhibit 7 bearing the bates numbers PL 554 and PL 576, aside from being exact duplicates, are made payable to "Corporation Guarantee & Trust Co.". 4 of 7 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 124 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Plaintiff provides no explanation as to what connection this payment has with any of the issues, Defendants, mortgages and/or properties involved in this action. 14. The checks in Exhibit 7 marked as PL 557, PL 566, PL 561, PL 563, PL 565, PL, 571, and the Makkos Equities LLC check No. 5767 in the amount of $23,459.70, are all made payable to "NYC Dept. of Finance". However, none of these checks include an invoice or tax bill and Plaintiff provides nothing whatsoever to connect these payments to any property let alone the Manhattan Property. Esq." 15. Likewise, Exhibit 7 contains a check payable to "Anne Kayman for $1,000.00 (PL 564). Plaintiff provides no explanation of how this payment is an advance made to maintain the property or protect Plaintiff's security. 16. Exhibit 7 also contains a check in the amount of $2,300.00 payable to "Realty Inc." Check, (PL 577). However, Plaintiff again provides no explanation of how this payment is an advance made to maintain the property or protect Plaintiff's security. 17. The checks in Exhibit 7 marked as PL 556, PL 569, PL 575, and the Makkos Equities LLC check No. 5392 in the amount of $820,00, are all made payable to "Boro Fuel Oil Co. Inc.". However, none of these checks include an invoice or tax bill and Plaintiff provides nothing whatsoever to connect these payments to any property let alone the Manhattan Property. It is also unclear why Plaintiff mortgagee was paying for deliveries of oil. 18. The checks in Exhibit 7 marked as PL 560, PL 572, PL 573, PL 574, and the Makkos Equities LLC check No. 5411 in the amount of $1,334.58, are all made payable to "NYC Water Board". However, none of these checks include an invoice or water bill and even though these checks include an account number, Plaintiff provides nothing whatsoever to 5 of 7 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 124 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 connect this account number or these payments to any property related to this action or Plaintiff's mortgage. 19. The checks in Exhibit 7 marked as PL 562, PL 567, PL 568, and PL 570, are all m.ade payable to "Magic Pest Management, LLC". However, none of these checks include an invoice or bill and Plaintiff provides nothing whatsoever to connect these payments to any property letalone the Manhattan Property. It isalso unclear why Plaintiff mortgagee was paying for pest management. 20. Based on the above Defendants respectfully submit that Plaintiff has failed to "B" hereto)3 show that the payments contained in Exhibit 7 (Exhibit should be included in the amotmts due. 21. Thus, without waiving these, and any further objections at a hearing that may be scheduled by the Referee, Defendants object to the proposed Notice of Computation and Proposed Report as set forth herein. Dated: September 29, 2022 LESTER KORINMAN Garden City, New York KAMRAN & MASINI, P.C. By: Peter K. Kamran, Esq Counsel to Defendants 600 Old Country Road, Suite 330 Garden City, New York 11530 (516) 357-9191 pkamran@lesterfirm.com 3 Except for the payment referenced above - Makkos Equities LLC check No. 6447 in the amount of $11,542.83 payable to NYCTL 2011-A TRUST MTAG. However, as thisis included in Exhibit 5 to the Makkos Aff. this payment should not be double-counted. 6 of 7 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 124 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 CERTIFICATE OF COMPLIANCE Pursuant to Rule 202.8-b of the Unifonn Civil Rules for the Supreme Court & the County Court: The foregoing Affirmation of Peter K. Kamran was prepared on a computer using Microsoft Word. Pursuant to the word count system in Microsoft Word, the total number of words in this affirmation, excluding the caption, signature block and this certification is 1,512 words. Dated: September 29, 2022 Garden City, New York Peter K. Kamran, Esq. 7 of 7 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 EXHIBIT “A” FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 125 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 EXHIBIT “B” FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 EXHIBIT FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 554 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 576 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 555 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 577 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 556 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 557 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 558 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 559 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 566 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 560 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 561 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 562 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01 04:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 126 159 RECEIVED NYSCEF: 09/29/2022 10/17/2022 PL 563 FILED: NEW YORK COUNTY CLERK 09/29/2022 10/17/2022 01:01