Preview
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019
LAV OFFIOBS
OF
HAGAN, G OURY & ASSOGIATE 8
A PARTHERSHIPINCLUDINGPROFESSIONALCORPORATION AND PROFESSIONALLtMtTEDLIABILITYCOMPANY
908 FOURTH AVENUE
BROOKLYN, NEW YORK I1232
(7 L8) 788-5052
SAMUEL L HAGAN
WiLLIAM J. COURY" - CHRISTINA HAGAN
OF COUNSEL
JONATHAN A.fUCHS"*
PAUL GOLDEN
ARTHUR ODER
'PROFESSIONALLIMlYEDLIASILITYCOMPANY
"PROFESSIONALCORPORATION
"'ADMITTED TO NEWYORKAND FLOREDA November 21 2013
SARS
' "*ADMlTTEDTO NEWYORKBAR1
& WALES
SOLICITOR,ENG1.AND
TWENTY DAY NOTICE TO CURE DEFAULT
Via Personal Service Via Regular & Certified MailR/R/R
ViaRegular & Certified MailR/R/R Via Fax (212) 655-3535
Via Fax (718) 625-2060 Via Email (bb@msf-law.com)
Via Email - TO: Meister & LLP
(pappassi@aol.com) Seelig Fein,
TO: Lundy's Management Corp. 2 Grand Central Tower
45°¹
c/o Steve Pappas 140 East Street
540 Atlantic Avenue, Fifth Floor New York, New York 10017
Brooklyn, New York 11217 Attn: Brook Boyd, Esq.
Via Personal Service ViaRegular& Certified MailR/R/R
ViaRegular & Certified MailR/R/R Via Fax (718) 9894394
TO: Lundy's Management Corp. Via Email (adavid@bergplic.com)
c/o Steve Pappas · TO: Abraham Esq.
David,
1901 Emmons Avenue Berg & David PLLC .
Brooldyn, New York 11235 266 Broadway Suite 503
Brooklyn, New York 11211
Re: All buildings, rooms, and land located at 1901-1929 Emmons Avenue ("Two Story Main
Building"), and 31-52 to 31-76 Ocean Avenue ("Three Story Annex Building"), Brooklyn,
. ,New York 11235, as more fully described in the metes and bounds description and survey
"A,"
annexed hereto as Exhibit the entire Block 8775, Lot 41, otherwise described as the
Premises"
"Lease in the Net Lease dated March 9, 1994.
, PLEASE TATE NOTICE that you have violated the terms and covenanta the Net Lease
dated March 9, 1994 ("Net Lease") between Sheepshead Restaurant Associates, Inc. as landlord
("Landlord")and Lundy's Management Corp. as tenant("Tenant")fortheabove-referenced premises
(the"Leased Premises"). In the eventthe defaults detailed below are not cured on or before January
1 .
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019
2, 2014, the Landlord may exercise itsrights under the Lease and any modification or amendment
thereto to tenninate your lease and tenancy and thereafter commence the necessary legal proceedings
to evict you fiom the Leased Premises for failing to cure any or all of the defaults within the cure
period.
The following are your defaults:
1. In violation of paragraph 9(d) of the Net Lease, you have failed to obtain the necessary
certificate or certificates of occupancy for the Two Story Main Building on the Leased
Premissa in connection with the construction and improvements you are conducting thereon.
2. In violation of paragraph 6(b) of the Net Lease, you are improperly using, ocoupying, or
permitting the use or occupancy of the Leased Premises because you have failed to obtain
a certificate of occupancy for the Two Story Main Building õn the Leased Premises to
conform to itscurrent use inwholé or in part.
3. In violation of paragraph 7(a) of the Net Lease, you have failed to comply with alllaws by
failing to obtain a certificate of occupancy for the Two Story Main Building on the Leased
Premises.
4. In violation of paragraph 7(a) of the Net Lease, you have failed to comply with applicable
law by failing to cure and/or remove of record the following violations issued to the Leased
Premises by the Departtnent of Buildings, the Environmental Control Board, and/or the Fire
Department of the City of New York:
• 010112BENCH02266 (DOB)
• 050312BENCH02493 (DOB)
• 091913CER1501RJ (DOB)
• 34884659X (ECB)
• 34942693M (ECB)
• 38225091Z (ECB)
• Summons #: 4412421052/Docket #: 20135K085201 (Fire Department)
5, Inviolation ofparagraph 11(a)(ix) ofthe Net Lease, youhave failed to furnishLandlord with
proof of insurance and payment ofpremiums and/or to obtain and maintain in full force and
effect broad form Builder's All-Risk insurance during the performance of construction on
the Three Story Annex Building on the Leased Premises..
. PLEASE TAKE NOTICE that pasuant to paragraph 19 of the Net Lease, you are hereby
required to cure the above-referenced breaches on orbefore January 2, 2014, such date being more
than twenty (20) days from your receipt of this notice, and that upon your failure to cure, the
landlord will elect to terminate your tcñãñcy iå accordance with paragraph 19 of theNet Lease.
The Landlord does not waive itsright to hold Tenant in default for any other violation of the
2
.
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019
. Net Lease or modification or amendment thereto notstated above and reserves itsright
any expressly
to all rarne&c itis entitled to virtue of those and shall not be deemed a waiver or
by docurnents,
admission as to any illegal or improper use by any subtenant.
PLEASE TAKE FURTHER NOTICE thatyou may direct any respomes to thisnotice to
the above referenced attorneys.
Dated: November 21, 2013
SheepsheafR taurant Associates, Inc. (Landlord)
George Panteli s,President
Sheepshead Restaurant Associates, Inc.
Hagan, Co a & Assoffiates
13/1‰Mketocuto
F
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019
& +
EXHIBIT A
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NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019
SCHEDULE A
Description of Premises
or-
ALL that certain plots piece parcel of land with the buildings and
improvements thereon·erected3 situate, lying and being in the Borough of
Brooklyn, County of Kings, City and State of New Yorks bounded and described as
follows:
BEGINNING at the corner formed by the intersection of the westerly side of
Ocean Avenue (100 feet wide) and the northerly side of Emmons Avenue (120 feet
wide) . . . ".
RUNNING THENCE westerly along the northerly side of Emmons Avenue 251 feet
6 3/4 inches .to-the corner formed the intersection of the northerltj side of
by
E'mmons Avenue and the easterly side of East 19 Street (60 feet wide)i .
R.UNNING THENCE northerly along the easterly side of East 19 Street 217 feet
4 3/I1 inches to the corner formed by the intersection of the easterly side of ..
East 19 Street and the southerly side of Shore Parkway (irregular width);
RUNNING THENCE easterly along the southerly side of Shore. Parkway 136 feet
0 5 /8 inches to an angle pointi
RUNNING TFiENCE southerly still along Shore Parkway 6. feet 7 3/4 inches to.an
angle point on the side of Shore Parkway· and distant 115 1
southerly feet inch
from the westerly si.de of Ocean Ave-nue3 measured at right angles therefraud . .
RUNNING tHENCE easterly still along Shore Parkway and at right angles to the
west-erly side at Ocean Avenue 115, feet 1 inches to the corner formed bu.the
intersection of .the souther.1y.si de of Shore Parkway and the w.ester19 side of
Ocean Avenue
ÑUNNING THENCE souther19 along the westerly side of Ocean Avenue 215 feet
2 1/8 inches to the corner formed by the intersection of the westerl9 side of
Ocean Avenue and-the northerly side of Emmons Avenue1 the point of place of
BEGINNING. . · . .
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019
*
diyd GO
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019
AFFIDAVIT OF SERVICE
INDEX NO. L & T: COURT DATE:
COUNTY PART: ROOM: TIMB:
Attomeys: Hagan, Coury & Associates Ph: 718-788-5052
Ad dress: 908 FourthAvenue Brooklyn NY 11232 File No.:1/2/14
SHEEP3HEAD RESTAURANT ASSOCIATES, INC. PETITIONER-LANDLORD
-against-
LUNDY'S MANAGEMENT CORP, RESPONDENT-TENANT
. -and-
. RESPONDENT-UNDER TENANTS
STATE OF N.EW YORK, COUNTY OF NEW YORK, SS.:
JAMES EXANTUS beingdulysworn,deposes andsays that deponent
is not a party to this proceeding, 18 years and .
is over the age of
resides in the State of
New York. That on Degernber 2. 2013 at I 5:50:00 __deponent served the within
TWENTY DAY NOTICE TO CURE DEFAULT
on LUNDTS MANAGEMENT CORP. Rnsoondert _therein named at
C/O STEVE PAPPAS. 540 ATLANTIC AVE. FIFTH FLR. NY 11217 ..
BROOKLYN,
fllIND1VIDUAL · Deponent served the legal paper(s) a true copy of each to said respondent persanally.
noted above at the above address by delivering
Deponent knew the person so served to be the person described
as said respondent
above. U (S)He identified
(her) him
as such.
#2 CORPORATION By delivering a true copy thereof to
personally
deponent knew said corporation
so served to be the carporatica as tenant
described therein to be the
and knew said individual
thereof.
#3 AFFfXINO . The respoñdcat(a)
were served separate true copies for each scspóñdcñt,
by affixing the premises sought to be
to the door of
TO R recovered.
At the time
of said service,
deponent the bell
and/orknocked on thedoorbut received
no reply. After
rang
reasonable dcpcñcat
application, was unable,to fmd the d~= or a person of suitable
d respondent(s) age and
discretion
who was wining to accept seryfce at the above address, having called
previously there:
#4 SUlTABLE "SMITH"
By gainingadmittanceto said property
and delivering
to and leaving with ELIONA a true
AGE RSON for each and every reopend:nt resides or is
copy thereof who
personally age and discretion,
is a person of suitable who
employed sougheto1TeTdcõveidt-
at the prernises
#5 DESCRIPTION Sex: Female Skin:_Caanch Hai Blank Age: 18-25 Height: 5ft4in-5ft8in Weight 161-200lba
Other features:
identifying
(usewith#L 2or 4)
Sworn to before
me on December3. 2013
JA P O
g3
COMM1 OFDEBDS
. 42385:Nme YnA Coun)v
City ofNew YorkN orver's Lic
# 1465322
. connaissfoan
eson gust1,2014 Invoice/Work Order # 13024597
MAIL1NG Wend Bosnick . being
duly sworn, deposes and says: I am not a party to this action and I am
over tlye age of
18 years and reside in the State of New
York. That on December 3. 2013 ..
I mailedtrue copies of the TWENTY DAY NOTICE TO CURE DEFAULT by
Cereflgrentin& regufarmvi
receipt, NYC,Wl3109000023496825
rvom
___ in separate postpaid
sealed envelopes
(marked personal
& confidentiaÓaddressed to each respondent
at the premises seaght1Fb'elEóYered-att
C/O STEVE PAPPAS. 540 ATl,ANTIC AVE.. FIFTHFLR BROOKLYN, NY 11217 .
and to
depositedthese envelopes with
a U. S. Postal Clerk
withinthe State of
New Yor
Sworn to before
me on Decornber 3. 2013
r P½RR. .
endy Resnick
COMMISIO ofbEEDS
- #
Server's Lie 086241
City of NewYorkNo. 2-123, :New York County
CommissionExpiresA st 1,2014 Invoice/WorkOrder # 13024597
· - - · - --,- n- ., m o ,,,,.,
m: rnM Ary.NY 10013, (P)212-226-3322-(F)212431-9485innwsv-0NPROCESS.COM
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019
AFFIDAVIT OF SERVICE
INDBX NO. L & T: COURT DATE:
COUNTY PART: ROOM: TIME:
Attocneys:Hagan. Coury& Associates Ph: 71·8-788-5052.
-
Address: 908 FourthAvenue Brooklyn NY 11232 ' Pile No.:1/2/14
.SHEEPSHEAD RESTAURANT ASSOCIATES, INC. PETlTIONER-LANDLORD
-against-
LUNDY'S MANAGEkŒNT CORP. . RESPONDENT-TENANT
-and-
RESPONDENT-UNDER TENANTS
STATE OF NEW YORK, COUNTY OF NEW YORK, SS.:
JAMES EXANTUS is over the age of 18 years and
deposes and says that deponent is not a party to this proceeding
being duly sworn,
resides in the State of
New York. That on December 4.2013 at: 13:18:00 deponent served the within
. .... TWBNTY DAY NOTICE TO CURE DEFAULT
orr LUNDY *S MANAGEMBNT CORP. T/ ^ det narned at
therein
,
C/O STBVE PAPPAS. 1901 EMMONfi AVENUE. BROOKLYN. NY 11735
#1 IND1VIDUAL Deponent served the legal paper(s)
noted above at the above address by delivering personally.
a true copy of cach to said respondent
Deponent knew the person so served to be the person described
as said respondent
above. (S)He ‰®d birn as such,
(her)
#2 CORPORATION By a true copy thereof personally
delivering to
dcpancraknew said corporation
so served to be the coneration as tenant and knew said individual
described therein to be the
thereof.
#3 AFFDONG The respGadcra(s) were served by affixing
separate true copies for the premises sought to be
to the door of
each respoñdcat,
TO DOOR recovered.
At thetime ofsaid knocked on thedoorbutreceivedno reply.
After
service, -jcpeñæt
rang the bell
and/or
reasonable application,
deponent was unable,to find
the afGremcaucacd or a person of suitable
respondent(s) age and
who was willing
discretion to accept service
at the above address, having
pmleusly calledthere:
#4 SUITABLE "SMITI-I"
By gainingâdanittâñce to said property
and delivering
to and leaving
with VICTOR a true .
AGE RSON thereofforeachand rc5pGadant who isa personof age
suitable and who resides or is
copy every personally di=hñ,
employed at the premises
sought to be recovered.
*
#5 DESCRIPTION Sex: lyfale Skin: Blpck Hair: Black Age: 36-50 Height: 5ft9!=6ftein Weight: 16 U200 lbs
Other features:
identifying
(usewiM1, 2or 4)
Sworn to before
rne on ecember 1 2013
J PATINO
COMMISI R OFDEEDS
, City ofNew York
. 2438S:NewYork Cormly Serve a Lic# 1465322
pjrp onAugust1, 20M
commissionr Invoice/Work Order # 13024596
MAlUNG Wendy Resnick deposes and says
being duly sworn, .
I am not a party to this action and I arn
over the age of
18 years and reside in the State of New York.
That pa December 4. 2013
I mailedtrue copies of the T VENTY DAY NOTICE TO CURE DBFAULT by
. melpt,& reguhrmtitfromNYC,70131090000135226124
Certified,retum
in separate postpaid
:1ealedenvelopes
(marked personal & confidential)
addressed to each respondent at the prernises sought
to be recovered
at:
C/O STNVE FAPPAS, 1901 BMMONS AVBNUE BROOKLYN NY 11235
and to
depositedthese e,nvelop
s witha U. S. Postal Clerk
withinthe State of
New ,York.
Sworn to before
ine on becember 5, 2013
JAZMRd INO
COMMISIO OFDEEDS
City of NewYork‰fÍ2385:New
York County Server s Lic
// 086241
ExpiresanAugust1,2014
Commission Invoice/Work Order # 13024596
on- ne A r it'un HRAR275. 40 1 B'tuy-Sys.1006, NY, NY 10013, (P)212-226-3322- (F)212-431-9485 inn¾SAV--0NMOCESS.CON
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019
STATE OF NEW YORK) ss:
COUNTY OF KINGS )
Meaghan Keeler, being sworn says: I am not a party to the action, am over 18 years of age
and reside at Kings, New York.
. On December 4, 2013, I served a true copy of the within TWENTY DAY NOTICE TO
CURE DEFAULT by delivering same in a sealed envelope, by Regular Mail and by Certified
Mail/R/1UR with postage prepaid thereon in a post office or official depository of _the U.S. Postal
Service within the State of New York, addressed to the last-known addresses of the addressees as
indicated below; by emailing same to each ofthe following addressees at the email addresses listed
below; and by faxing same to each of the following addressees at the fax number listed below:
. Lundy's Management Corp. Meister Seelig & Fein, LLP
c/o Steve Pappas 2 Grand Central Tower
456
540 Atlantic Avenue, Fifth Floor 140 East Street
Brooklyn, New York 11217 New York, New York 10017
Email: Pappassj@adl.com Attn: Brook Boyd, Esq.
Fax: 718-625-2060 Email: bb@Jnsf-law,com
Fax: 212-655-3535
Lundy's Management Corp.
c/o Steve Pappas Abraham David, Esq.
1901 Emmons Avenue . Berg & David PLLC
Brooldyn, New York 11235 266 Broadway Suite 503
Brooklyn, New York 11211
Email: adavid@bergpilc.com
Fax: 718-989-1394 ·
h en b Keeler
Sworn to bef6re me tlÊs
45
day o ecembe , 2·f3
ARTHURODER
7 . Notary Public, State of New York
Publc No. 020D6234842
6tifry
Qualified In Kings County - .
. Commission Expires 01/81/2015
Preview
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019 LAV OFFIOBS OF HAGAN, G OURY & ASSOGIATE 8 A PARTHERSHIPINCLUDINGPROFESSIONALCORPORATION AND PROFESSIONALLtMtTEDLIABILITYCOMPANY 908 FOURTH AVENUE BROOKLYN, NEW YORK I1232 (7 L8) 788-5052 SAMUEL L HAGAN WiLLIAM J. COURY" - CHRISTINA HAGAN OF COUNSEL JONATHAN A.fUCHS"* PAUL GOLDEN ARTHUR ODER 'PROFESSIONALLIMlYEDLIASILITYCOMPANY "PROFESSIONALCORPORATION "'ADMITTED TO NEWYORKAND FLOREDA November 21 2013 SARS ' "*ADMlTTEDTO NEWYORKBAR1 & WALES SOLICITOR,ENG1.AND TWENTY DAY NOTICE TO CURE DEFAULT Via Personal Service Via Regular & Certified MailR/R/R ViaRegular & Certified MailR/R/R Via Fax (212) 655-3535 Via Fax (718) 625-2060 Via Email (bb@msf-law.com) Via Email - TO: Meister & LLP (pappassi@aol.com) Seelig Fein, TO: Lundy's Management Corp. 2 Grand Central Tower 45°¹ c/o Steve Pappas 140 East Street 540 Atlantic Avenue, Fifth Floor New York, New York 10017 Brooklyn, New York 11217 Attn: Brook Boyd, Esq. Via Personal Service ViaRegular& Certified MailR/R/R ViaRegular & Certified MailR/R/R Via Fax (718) 9894394 TO: Lundy's Management Corp. Via Email (adavid@bergplic.com) c/o Steve Pappas · TO: Abraham Esq. David, 1901 Emmons Avenue Berg & David PLLC . Brooldyn, New York 11235 266 Broadway Suite 503 Brooklyn, New York 11211 Re: All buildings, rooms, and land located at 1901-1929 Emmons Avenue ("Two Story Main Building"), and 31-52 to 31-76 Ocean Avenue ("Three Story Annex Building"), Brooklyn, . ,New York 11235, as more fully described in the metes and bounds description and survey "A," annexed hereto as Exhibit the entire Block 8775, Lot 41, otherwise described as the Premises" "Lease in the Net Lease dated March 9, 1994. , PLEASE TATE NOTICE that you have violated the terms and covenanta the Net Lease dated March 9, 1994 ("Net Lease") between Sheepshead Restaurant Associates, Inc. as landlord ("Landlord")and Lundy's Management Corp. as tenant("Tenant")fortheabove-referenced premises (the"Leased Premises"). In the eventthe defaults detailed below are not cured on or before January 1 . FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019 2, 2014, the Landlord may exercise itsrights under the Lease and any modification or amendment thereto to tenninate your lease and tenancy and thereafter commence the necessary legal proceedings to evict you fiom the Leased Premises for failing to cure any or all of the defaults within the cure period. The following are your defaults: 1. In violation of paragraph 9(d) of the Net Lease, you have failed to obtain the necessary certificate or certificates of occupancy for the Two Story Main Building on the Leased Premissa in connection with the construction and improvements you are conducting thereon. 2. In violation of paragraph 6(b) of the Net Lease, you are improperly using, ocoupying, or permitting the use or occupancy of the Leased Premises because you have failed to obtain a certificate of occupancy for the Two Story Main Building õn the Leased Premises to conform to itscurrent use inwholé or in part. 3. In violation of paragraph 7(a) of the Net Lease, you have failed to comply with alllaws by failing to obtain a certificate of occupancy for the Two Story Main Building on the Leased Premises. 4. In violation of paragraph 7(a) of the Net Lease, you have failed to comply with applicable law by failing to cure and/or remove of record the following violations issued to the Leased Premises by the Departtnent of Buildings, the Environmental Control Board, and/or the Fire Department of the City of New York: • 010112BENCH02266 (DOB) • 050312BENCH02493 (DOB) • 091913CER1501RJ (DOB) • 34884659X (ECB) • 34942693M (ECB) • 38225091Z (ECB) • Summons #: 4412421052/Docket #: 20135K085201 (Fire Department) 5, Inviolation ofparagraph 11(a)(ix) ofthe Net Lease, youhave failed to furnishLandlord with proof of insurance and payment ofpremiums and/or to obtain and maintain in full force and effect broad form Builder's All-Risk insurance during the performance of construction on the Three Story Annex Building on the Leased Premises.. . PLEASE TAKE NOTICE that pasuant to paragraph 19 of the Net Lease, you are hereby required to cure the above-referenced breaches on orbefore January 2, 2014, such date being more than twenty (20) days from your receipt of this notice, and that upon your failure to cure, the landlord will elect to terminate your tcñãñcy iå accordance with paragraph 19 of theNet Lease. The Landlord does not waive itsright to hold Tenant in default for any other violation of the 2 . FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019 . Net Lease or modification or amendment thereto notstated above and reserves itsright any expressly to all rarne&c itis entitled to virtue of those and shall not be deemed a waiver or by docurnents, admission as to any illegal or improper use by any subtenant. PLEASE TAKE FURTHER NOTICE thatyou may direct any respomes to thisnotice to the above referenced attorneys. Dated: November 21, 2013 SheepsheafR taurant Associates, Inc. (Landlord) George Panteli s,President Sheepshead Restaurant Associates, Inc. Hagan, Co a & Assoffiates 13/1‰Mketocuto F FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019 & + EXHIBIT A FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019 SCHEDULE A Description of Premises or- ALL that certain plots piece parcel of land with the buildings and improvements thereon·erected3 situate, lying and being in the Borough of Brooklyn, County of Kings, City and State of New Yorks bounded and described as follows: BEGINNING at the corner formed by the intersection of the westerly side of Ocean Avenue (100 feet wide) and the northerly side of Emmons Avenue (120 feet wide) . . . ". RUNNING THENCE westerly along the northerly side of Emmons Avenue 251 feet 6 3/4 inches .to-the corner formed the intersection of the northerltj side of by E'mmons Avenue and the easterly side of East 19 Street (60 feet wide)i . R.UNNING THENCE northerly along the easterly side of East 19 Street 217 feet 4 3/I1 inches to the corner formed by the intersection of the easterly side of .. East 19 Street and the southerly side of Shore Parkway (irregular width); RUNNING THENCE easterly along the southerly side of Shore. Parkway 136 feet 0 5 /8 inches to an angle pointi RUNNING TFiENCE southerly still along Shore Parkway 6. feet 7 3/4 inches to.an angle point on the side of Shore Parkway· and distant 115 1 southerly feet inch from the westerly si.de of Ocean Ave-nue3 measured at right angles therefraud . . RUNNING tHENCE easterly still along Shore Parkway and at right angles to the west-erly side at Ocean Avenue 115, feet 1 inches to the corner formed bu.the intersection of .the souther.1y.si de of Shore Parkway and the w.ester19 side of Ocean Avenue ÑUNNING THENCE souther19 along the westerly side of Ocean Avenue 215 feet 2 1/8 inches to the corner formed by the intersection of the westerl9 side of Ocean Avenue and-the northerly side of Emmons Avenue1 the point of place of BEGINNING. . · . . FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019 * diyd GO FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019 AFFIDAVIT OF SERVICE INDEX NO. L & T: COURT DATE: COUNTY PART: ROOM: TIMB: Attomeys: Hagan, Coury & Associates Ph: 718-788-5052 Ad dress: 908 FourthAvenue Brooklyn NY 11232 File No.:1/2/14 SHEEP3HEAD RESTAURANT ASSOCIATES, INC. PETITIONER-LANDLORD -against- LUNDY'S MANAGEMENT CORP, RESPONDENT-TENANT . -and- . RESPONDENT-UNDER TENANTS STATE OF N.EW YORK, COUNTY OF NEW YORK, SS.: JAMES EXANTUS beingdulysworn,deposes andsays that deponent is not a party to this proceeding, 18 years and . is over the age of resides in the State of New York. That on Degernber 2. 2013 at I 5:50:00 __deponent served the within TWENTY DAY NOTICE TO CURE DEFAULT on LUNDTS MANAGEMENT CORP. Rnsoondert _therein named at C/O STEVE PAPPAS. 540 ATLANTIC AVE. FIFTH FLR. NY 11217 .. BROOKLYN, fllIND1VIDUAL · Deponent served the legal paper(s) a true copy of each to said respondent persanally. noted above at the above address by delivering Deponent knew the person so served to be the person described as said respondent above. U (S)He identified (her) him as such. #2 CORPORATION By delivering a true copy thereof to personally deponent knew said corporation so served to be the carporatica as tenant described therein to be the and knew said individual thereof. #3 AFFfXINO . The respoñdcat(a) were served separate true copies for each scspóñdcñt, by affixing the premises sought to be to the door of TO R recovered. At the time of said service, deponent the bell and/orknocked on thedoorbut received no reply. After rang reasonable dcpcñcat application, was unable,to fmd the d~= or a person of suitable d respondent(s) age and discretion who was wining to accept seryfce at the above address, having called previously there: #4 SUlTABLE "SMITH" By gainingadmittanceto said property and delivering to and leaving with ELIONA a true AGE RSON for each and every reopend:nt resides or is copy thereof who personally age and discretion, is a person of suitable who employed sougheto1TeTdcõveidt- at the prernises #5 DESCRIPTION Sex: Female Skin:_Caanch Hai Blank Age: 18-25 Height: 5ft4in-5ft8in Weight 161-200lba Other features: identifying (usewith#L 2or 4) Sworn to before me on December3. 2013 JA P O g3 COMM1 OFDEBDS . 42385:Nme YnA Coun)v City ofNew YorkN orver's Lic # 1465322 . connaissfoan eson gust1,2014 Invoice/Work Order # 13024597 MAIL1NG Wend Bosnick . being duly sworn, deposes and says: I am not a party to this action and I am over tlye age of 18 years and reside in the State of New York. That on December 3. 2013 .. I mailedtrue copies of the TWENTY DAY NOTICE TO CURE DEFAULT by Cereflgrentin& regufarmvi receipt, NYC,Wl3109000023496825 rvom ___ in separate postpaid sealed envelopes (marked personal & confidentiaÓaddressed to each respondent at the premises seaght1Fb'elEóYered-att C/O STEVE PAPPAS. 540 ATl,ANTIC AVE.. FIFTHFLR BROOKLYN, NY 11217 . and to depositedthese envelopes with a U. S. Postal Clerk withinthe State of New Yor Sworn to before me on Decornber 3. 2013 r P½RR. . endy Resnick COMMISIO ofbEEDS - # Server's Lie 086241 City of NewYorkNo. 2-123, :New York County CommissionExpiresA st 1,2014 Invoice/WorkOrder # 13024597 · - - · - --,- n- ., m o ,,,,., m: rnM Ary.NY 10013, (P)212-226-3322-(F)212431-9485innwsv-0NPROCESS.COM FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019 AFFIDAVIT OF SERVICE INDBX NO. L & T: COURT DATE: COUNTY PART: ROOM: TIME: Attocneys:Hagan. Coury& Associates Ph: 71·8-788-5052. - Address: 908 FourthAvenue Brooklyn NY 11232 ' Pile No.:1/2/14 .SHEEPSHEAD RESTAURANT ASSOCIATES, INC. PETlTIONER-LANDLORD -against- LUNDY'S MANAGEkŒNT CORP. . RESPONDENT-TENANT -and- RESPONDENT-UNDER TENANTS STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: JAMES EXANTUS is over the age of 18 years and deposes and says that deponent is not a party to this proceeding being duly sworn, resides in the State of New York. That on December 4.2013 at: 13:18:00 deponent served the within . .... TWBNTY DAY NOTICE TO CURE DEFAULT orr LUNDY *S MANAGEMBNT CORP. T/ ^ det narned at therein , C/O STBVE PAPPAS. 1901 EMMONfi AVENUE. BROOKLYN. NY 11735 #1 IND1VIDUAL Deponent served the legal paper(s) noted above at the above address by delivering personally. a true copy of cach to said respondent Deponent knew the person so served to be the person described as said respondent above. (S)He ‰®d birn as such, (her) #2 CORPORATION By a true copy thereof personally delivering to dcpancraknew said corporation so served to be the coneration as tenant and knew said individual described therein to be the thereof. #3 AFFDONG The respGadcra(s) were served by affixing separate true copies for the premises sought to be to the door of each respoñdcat, TO DOOR recovered. At thetime ofsaid knocked on thedoorbutreceivedno reply. After service, -jcpeñæt rang the bell and/or reasonable application, deponent was unable,to find the afGremcaucacd or a person of suitable respondent(s) age and who was willing discretion to accept service at the above address, having pmleusly calledthere: #4 SUITABLE "SMITI-I" By gainingâdanittâñce to said property and delivering to and leaving with VICTOR a true . AGE RSON thereofforeachand rc5pGadant who isa personof age suitable and who resides or is copy every personally di=hñ, employed at the premises sought to be recovered. * #5 DESCRIPTION Sex: lyfale Skin: Blpck Hair: Black Age: 36-50 Height: 5ft9!=6ftein Weight: 16 U200 lbs Other features: identifying (usewiM1, 2or 4) Sworn to before rne on ecember 1 2013 J PATINO COMMISI R OFDEEDS , City ofNew York . 2438S:NewYork Cormly Serve a Lic# 1465322 pjrp onAugust1, 20M commissionr Invoice/Work Order # 13024596 MAlUNG Wendy Resnick deposes and says being duly sworn, . I am not a party to this action and I arn over the age of 18 years and reside in the State of New York. That pa December 4. 2013 I mailedtrue copies of the T VENTY DAY NOTICE TO CURE DBFAULT by . melpt,& reguhrmtitfromNYC,70131090000135226124 Certified,retum in separate postpaid :1ealedenvelopes (marked personal & confidential) addressed to each respondent at the prernises sought to be recovered at: C/O STNVE FAPPAS, 1901 BMMONS AVBNUE BROOKLYN NY 11235 and to depositedthese e,nvelop s witha U. S. Postal Clerk withinthe State of New ,York. Sworn to before ine on becember 5, 2013 JAZMRd INO COMMISIO OFDEEDS City of NewYork‰fÍ2385:New York County Server s Lic // 086241 ExpiresanAugust1,2014 Commission Invoice/Work Order # 13024596 on- ne A r it'un HRAR275. 40 1 B'tuy-Sys.1006, NY, NY 10013, (P)212-226-3322- (F)212-431-9485 inn¾SAV--0NMOCESS.CON FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 09/06/2019 STATE OF NEW YORK) ss: COUNTY OF KINGS ) Meaghan Keeler, being sworn says: I am not a party to the action, am over 18 years of age and reside at Kings, New York. . On December 4, 2013, I served a true copy of the within TWENTY DAY NOTICE TO CURE DEFAULT by delivering same in a sealed envelope, by Regular Mail and by Certified Mail/R/1UR with postage prepaid thereon in a post office or official depository of _the U.S. Postal Service within the State of New York, addressed to the last-known addresses of the addressees as indicated below; by emailing same to each ofthe following addressees at the email addresses listed below; and by faxing same to each of the following addressees at the fax number listed below: . Lundy's Management Corp. Meister Seelig & Fein, LLP c/o Steve Pappas 2 Grand Central Tower 456 540 Atlantic Avenue, Fifth Floor 140 East Street Brooklyn, New York 11217 New York, New York 10017 Email: Pappassj@adl.com Attn: Brook Boyd, Esq. Fax: 718-625-2060 Email: bb@Jnsf-law,com Fax: 212-655-3535 Lundy's Management Corp. c/o Steve Pappas Abraham David, Esq. 1901 Emmons Avenue . Berg & David PLLC Brooldyn, New York 11235 266 Broadway Suite 503 Brooklyn, New York 11211 Email: adavid@bergpilc.com Fax: 718-989-1394 · h en b Keeler Sworn to bef6re me tlÊs 45 day o ecembe , 2·f3 ARTHURODER 7 . Notary Public, State of New York Publc No. 020D6234842 6tifry Qualified In Kings County - . . Commission Expires 01/81/2015