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FILED: KINGS COUNTY CLERK 10/09/2020 02:11 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 10/13/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
––––––––––––––––––––––––––––––X
CHERRY HILL GOURMET, INC., :
:
Plaintiff, :
:
-against- : Index No. 510844/16
:
LUNDY’S MANAGEMENT CORP., : NOTICE OF
: CROSS-MOTION
Defendant. :
––––––––––––––––––––––––––––––X Motion Seq. No. 011
LUNDY’S MANAGEMENT CORP., :
:
Defendant and :
Third-Party Plaintiff, :
:
-against- :
:
SHEEPSHEAD RESTAURANT ASSOCIATES, INC., :
:
Third-Party Defendant. :
––––––––––––––––––––––––––––––X
PLEASE TAKE NOTICE, that upon the annexed, the affidavit of Steve Pappas,
sworn to on October 8, 2020, and the affirmation of Brett B. Theis, dated October 9, 2020, with
exhibits annexed hereto, and all prior pleadings and proceedings heretofore had herein, defendant
and third-party plaintiff Lundy’s Management Corp. (“Lundy’s”) will cross-move this Court at
Commercial Part 12, Room 741, in the Courthouse located at 360 Adams Street, Brooklyn, New
York, at 9:30 a.m. on November 4, 2020, or as soon thereafter as counsel can be heard, for an
order:
a) denying Sheepshead Restaurant Associates, Inc.’s (“Sheepshead”) motion in its
entirety and, upon denying Sheepshead’s motion, declaring that Cherry Hill
Gourmet, Inc. (“Cherry Hill”) must turn over and pay to Lundy’s all subrents
currently being held in escrow by its counsel and all subrents due and owing
under the applicable subleases in compliance with this Court’s Decision and
Order dated December 14, 2016 (the “Order”) or, alternatively, vacating Cherry
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FILED: KINGS COUNTY CLERK 10/09/2020 02:11 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 10/13/2020
Hill’s Yellowstone injunction issued in the Order based upon Cherry Hill’s
failure to comply with the Order;
b) pursuant to CPLR 3025, granting Lundy’s leave to amend its Amended Third-
Party Complaint, dated June 24, 2020; and
c) awarding Lundy’s such other and further relief as the Court deems just and
proper.
Dated: New York, New York ROSENBERG & ESTIS, P.C.
October 9, 2020 Attorneys for Lundy’s Management
Corp.
By: s/ Brett B. Theis
Brett B. Theis
Dejan Kezunovic
733 Third Avenue
New York, New York 10017
(212) 867-6000
TO: TAMIR LAW GROUP
Attorneys for Cherry Hill Gourmet, Inc.
225 Broadway, 39th Floor
New York, New York 10007
(212) 444-9970
HAGAN, COURY & ASSOCIATES
Attorneys for Sheepshead Restaurant Associates, Inc.
908 4th Avenue
Brooklyn, New York 11232
(718) 788-5052
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FILED: KINGS COUNTY CLERK 10/09/2020 02:11 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 10/13/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ––––––––––––––––––––––––––––––X CHERRY HILL GOURMET, INC., : : Plaintiff, : : -against- : Index No. 510844/16 : LUNDY’S MANAGEMENT CORP., : NOTICE OF : CROSS-MOTION Defendant. : ––––––––––––––––––––––––––––––X Motion Seq. No. 011 LUNDY’S MANAGEMENT CORP., : : Defendant and : Third-Party Plaintiff, : : -against- : : SHEEPSHEAD RESTAURANT ASSOCIATES, INC., : : Third-Party Defendant. : ––––––––––––––––––––––––––––––X PLEASE TAKE NOTICE, that upon the annexed, the affidavit of Steve Pappas, sworn to on October 8, 2020, and the affirmation of Brett B. Theis, dated October 9, 2020, with exhibits annexed hereto, and all prior pleadings and proceedings heretofore had herein, defendant and third-party plaintiff Lundy’s Management Corp. (“Lundy’s”) will cross-move this Court at Commercial Part 12, Room 741, in the Courthouse located at 360 Adams Street, Brooklyn, New York, at 9:30 a.m. on November 4, 2020, or as soon thereafter as counsel can be heard, for an order: a) denying Sheepshead Restaurant Associates, Inc.’s (“Sheepshead”) motion in its entirety and, upon denying Sheepshead’s motion, declaring that Cherry Hill Gourmet, Inc. (“Cherry Hill”) must turn over and pay to Lundy’s all subrents currently being held in escrow by its counsel and all subrents due and owing under the applicable subleases in compliance with this Court’s Decision and Order dated December 14, 2016 (the “Order”) or, alternatively, vacating Cherry RE\87804\0002\3226724v2 1 of 2 FILED: KINGS COUNTY CLERK 10/09/2020 02:11 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 10/13/2020 Hill’s Yellowstone injunction issued in the Order based upon Cherry Hill’s failure to comply with the Order; b) pursuant to CPLR 3025, granting Lundy’s leave to amend its Amended Third- Party Complaint, dated June 24, 2020; and c) awarding Lundy’s such other and further relief as the Court deems just and proper. Dated: New York, New York ROSENBERG & ESTIS, P.C. October 9, 2020 Attorneys for Lundy’s Management Corp. By: s/ Brett B. Theis Brett B. Theis Dejan Kezunovic 733 Third Avenue New York, New York 10017 (212) 867-6000 TO: TAMIR LAW GROUP Attorneys for Cherry Hill Gourmet, Inc. 225 Broadway, 39th Floor New York, New York 10007 (212) 444-9970 HAGAN, COURY & ASSOCIATES Attorneys for Sheepshead Restaurant Associates, Inc. 908 4th Avenue Brooklyn, New York 11232 (718) 788-5052 -2- RE\87804\0002\3226724v2 2 of 2