Preview
FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022
Exhibit 4
FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022
Jennifer McDougall
From: Jennifer McDougall
Sent: Thursday, September 8, 2022 5:55 PM
To: 'Jason Cyrulnik'
Cc: Paul Fattaruso; Adina Levine; Paul M. O'Connor III
Subject: RE: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division
- 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
Jason,
Your email appears pretextual given we have waited weeks (and are still waiting) to hear back from you on the
stipulation and I have informed you multiple times that our client remains ready, willing, and able to close on the sale of
the Retail Unit (if you recall, it was your client who refused to show up to the closing). Further, as to any inspection, I
already told you that this wasn’t something I could coordinate but that any requests should be made through
transactional counsel for the respective parties.
In any event, given the improper lis pendens filing of earlier today and the bogus specific performance count in the
amended complaint (noted in the lis pendens), this email confirms (again) that our client is ready, willing, and able to
close ASAP on the sale of the Retail Unit, consistent with the plans and specifications attached to the PSA, as
amended. According to the complaint and lis pendens, this is what your client is seeking to do, but has instead chosen
to sue to accomplish what our client has been asking your client to do all along.
If your client will not agree to move forward with this closing, we intend to promptly take all appropriate action to
remove the improper lis pendens and hold your client fully responsible for the additional damages caused by the filing in
addition to the ongoing damage inflicted by your client as a result of its ongoing wrongful conduct.
Please let us know by EOB on Monday whether your client will move forward with a closing.
In any event, we should get the stipulation agreed to in advance of the conference, and as noted we have yet to hear
back from you on the couple of outstanding points referenced in my August 18 email to you below.
Thanks.
Jenn
From: Jason Cyrulnik
Sent: Thursday, September 8, 2022 12:57 PM
To: Jennifer McDougall ; Paul M. O'Connor III
Cc: Paul Fattaruso ; Adina Levine
Subject: Re: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division -
652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
Hi Jenn,
Please let me know where things stand on this. The court noticed a prelim conference for next Thursday, and I have not
heard back on the inspection or our efforts to work with you to try and contain the damages being caused by your
client’s breach. I am available to work with you on this but would like to hear back soon so that we can decide one way
or the other what direction this case is going to move. Thanks.
1
FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022
Best,
Jason
JASON CYRULNIK
PARTNER
CYRULNIK FATTARUSO LLP
55 Broadway, Third Floor
New York, NY 10006
(m) 917.353.3005
(@) jcyrulnik@cf-llp.com
From: Jason Cyrulnik
Date: Tuesday, September 6, 2022 at 6:58 PM
To: Jennifer McDougall
Subject: Re: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division -
652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
Jenn, following up on our call last week.
Best,
Jason
JASON CYRULNIK
PARTNER
CYRULNIK FATTARUSO LLP
55 Broadway, Third Floor
New York, NY 10006
(m) 917.353.3005
(@) jcyrulnik@cf-llp.com
From: Jennifer McDougall
Date: Monday, August 29, 2022 at 12:42 PM
To: Jason Cyrulnik , Adina Levine
Subject: RE: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division -
652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
That works. Thanks.
From: Jason Cyrulnik
Sent: Monday, August 29, 2022 12:40 PM
To: Jennifer McDougall ; Adina Levine
Subject: Re: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division -
652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
I am in trial but expect to have a lunch break around 1. If you are around in the office for the next hour or so, I can try to
call you then.
JASON CYRULNIK
PARTNER
CYRULNIK FATTARUSO LLP
2
FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022
55 Broadway, Third Floor
New York, NY 10006
(m) 917.353.3005
(@) jcyrulnik@cf-llp.com
From: Jennifer McDougall
Date: Monday, August 29, 2022 at 12:38 PM
To: Jason Cyrulnik , Adina Levine
Subject: RE: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division -
652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
I can speak now. Call my office? 212-506-3345
From: Jason Cyrulnik
Sent: Monday, August 29, 2022 12:30 PM
To: Jennifer McDougall ; Adina Levine
Subject: Re: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division -
652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
Hi Jenn: Following up on this. Thanks.
Jason Cyrulnik
Partner
Cyrulnik Fattaruso LLP
55 Broadway, Third Floor
New York, NY 10006
(m) 917.353.3005
(@) jcyrulnik@cf-llp.com
From: Jason Cyrulnik
Sent: Thursday, August 25, 2022 1:33:02 PM
To: Jennifer McDougall ; Adina Levine
Subject: Re: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division -
652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
Jenn, please let me know if there is a good time today for us to connect.
Thanks.
Jason Cyrulnik
Partner
Cyrulnik Fattaruso LLP
55 Broadway, Third Floor
New York, NY 10006
(m) 917.353.3005
(@) jcyrulnik@cf-llp.com
From: Jennifer McDougall
Sent: Thursday, August 18, 2022 12:36 PM
To: Adina Levine
Cc: Jason Cyrulnik
3
FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022
Subject: RE: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division -
652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
Adina,
Thank you. Attached is a draft stipulation re accepting service and responding to the complaint. I’ve let your opposition
date blank. We would like 3 weeks to reply, working off the date you select for opposition.
Let me know if you have any other edits.
Thanks,
Jenn
Jennifer McDougall
Kasowitz Benson Torres LLP
1633 Broadway
New York, New York 10019
Tel. (212) 506-3345
Cell. (646) 335-5890
Fax. (212) 500-3465
JMcDougall@kasowitz.com
This e-mail and any files transmitted with it are confidential and may be subject to the attorney-client privilege. Use or disclosure of this e-mail or any
such files by anyone other than a designated addressee is unauthorized. If you are not an intended recipient, please notify the sender by e-mail and
delete this e-mail without making a copy.
From: Adina Levine
Sent: Thursday, August 11, 2022 7:13 PM
To: Jennifer McDougall
Cc: Jason Cyrulnik
Subject: Fwd: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division -
652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
ALERT: THIS IS AN EXTERNAL EMAIL. DO NOT CLICK ON ANY
LINK, ENTER A PASSWORD, OR OPEN AN ATTACHMENT
UNLESS YOU KNOW THAT THE MESSAGE CAME FROM A SAFE
EMAIL ADDRESS.
Hi Jenn,
I am sending the filed version of the complaint as per your call with Jason this afternoon that you agree to accept service
via email.
Best,
Adina
From: efile@nycourts.gov
Date: Thursday, August 11, 2022 at 2:45 PM
To: Jason Cyrulnik , Nielah Dotson , efile@nycourts.gov
4
FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022
Subject: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division -
652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC)
New York County Supreme Court
Notification of Filing
08/11/2022
On 08/11/2022, the NYSCEF System received the documents listed below from filing user JASON CYRULNIK .
Please keep this notice as a confirmation of this filing.
Case Information
Index #: 652698/2022
Caption: EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC
eFiling Status: Partial Participation Recorded
Assigned Case Judge: Melissa Anne Crane
Working Copies By order of the Chief Administrative Judge (A0/267/20), the court shall NOT request working copies
of documents filed electronically.
Documents Received
Doc # Document Received Date
35 COMPLAINT 08/11/2022
36 EXHIBIT(S) A 08/11/2022
2022-06-28 Closing Notice to EXRP14
37 EXHIBIT(S) B 08/11/2022
2022-06-30 - Rejection of Notice
38 EXHIBIT(S) C 08/11/2022
2022-07-01 - Landsea Response to Rejection of Notice of Closing
39 EXHIBIT(S) D 08/11/2022
2022-07-05 - Extell Rejection of Notice
40 EXHIBIT(S) E 08/11/2022
2022-07-06 - Default Notice to Purchaser
41 EXHIBIT(S) F 08/11/2022
Direction Letter to Royal Abstract
42 EXHIBIT(S) G 08/11/2022
2022-07-08 - Notice
5
FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022
E-mail Service Notifications Sent
Name Email Address
JASON CYRULNIK jcyrulnik@cf-llp.com
E-mail Service Notifications NOT Sent
Court rules require hard copy service upon non-participating parties and attorneys who have opted-out or declined consent
Party Attorney
LS-14 AVE LLC, Defendant/Respondent No Representation Recorded
Filing User
JASON CYRULNIK | jcyrulnik@cf-llp.com | 917-353-3005 | 55 Broadway, Third Floor, New York, NY 10006
Emergency Applications For Emergency Applications made after 5 p.m. or on days when the court is closed, please
call 800-430-8457 or email emergency@nycourts.gov.
NOTICE: This e-mail is intended only for the named recipient and for the purposes of the New York State Courts E-Filing System. If
you are neither the intended recipient nor a person designated to receive messages on behalf of the intended recipient, notify the
sender immediately.
If you are unsure of the contents or origin of this email, it is advised to NOT click on any links provided. Instead, log
into your NYSCEF account to access the documents referred to in this email. Thank you.
Hon. Milton A. Tingling, New York County Clerk and Clerk of the Supreme Court
Phone: 646-386-5956
Website: http://www.nycourts.gov/courts/1jd/supctmanh/county_clerk_operations.shtml
6
Preview
FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022 Exhibit 4 FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022 Jennifer McDougall From: Jennifer McDougall Sent: Thursday, September 8, 2022 5:55 PM To: 'Jason Cyrulnik' Cc: Paul Fattaruso; Adina Levine; Paul M. O'Connor III Subject: RE: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) Jason, Your email appears pretextual given we have waited weeks (and are still waiting) to hear back from you on the stipulation and I have informed you multiple times that our client remains ready, willing, and able to close on the sale of the Retail Unit (if you recall, it was your client who refused to show up to the closing). Further, as to any inspection, I already told you that this wasn’t something I could coordinate but that any requests should be made through transactional counsel for the respective parties. In any event, given the improper lis pendens filing of earlier today and the bogus specific performance count in the amended complaint (noted in the lis pendens), this email confirms (again) that our client is ready, willing, and able to close ASAP on the sale of the Retail Unit, consistent with the plans and specifications attached to the PSA, as amended. According to the complaint and lis pendens, this is what your client is seeking to do, but has instead chosen to sue to accomplish what our client has been asking your client to do all along. If your client will not agree to move forward with this closing, we intend to promptly take all appropriate action to remove the improper lis pendens and hold your client fully responsible for the additional damages caused by the filing in addition to the ongoing damage inflicted by your client as a result of its ongoing wrongful conduct. Please let us know by EOB on Monday whether your client will move forward with a closing. In any event, we should get the stipulation agreed to in advance of the conference, and as noted we have yet to hear back from you on the couple of outstanding points referenced in my August 18 email to you below. Thanks. Jenn From: Jason Cyrulnik Sent: Thursday, September 8, 2022 12:57 PM To: Jennifer McDougall ; Paul M. O'Connor III Cc: Paul Fattaruso ; Adina Levine Subject: Re: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) Hi Jenn, Please let me know where things stand on this. The court noticed a prelim conference for next Thursday, and I have not heard back on the inspection or our efforts to work with you to try and contain the damages being caused by your client’s breach. I am available to work with you on this but would like to hear back soon so that we can decide one way or the other what direction this case is going to move. Thanks. 1 FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022 Best, Jason JASON CYRULNIK PARTNER CYRULNIK FATTARUSO LLP 55 Broadway, Third Floor New York, NY 10006 (m) 917.353.3005 (@) jcyrulnik@cf-llp.com From: Jason Cyrulnik Date: Tuesday, September 6, 2022 at 6:58 PM To: Jennifer McDougall Subject: Re: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) Jenn, following up on our call last week. Best, Jason JASON CYRULNIK PARTNER CYRULNIK FATTARUSO LLP 55 Broadway, Third Floor New York, NY 10006 (m) 917.353.3005 (@) jcyrulnik@cf-llp.com From: Jennifer McDougall Date: Monday, August 29, 2022 at 12:42 PM To: Jason Cyrulnik , Adina Levine Subject: RE: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) That works. Thanks. From: Jason Cyrulnik Sent: Monday, August 29, 2022 12:40 PM To: Jennifer McDougall ; Adina Levine Subject: Re: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) I am in trial but expect to have a lunch break around 1. If you are around in the office for the next hour or so, I can try to call you then. JASON CYRULNIK PARTNER CYRULNIK FATTARUSO LLP 2 FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022 55 Broadway, Third Floor New York, NY 10006 (m) 917.353.3005 (@) jcyrulnik@cf-llp.com From: Jennifer McDougall Date: Monday, August 29, 2022 at 12:38 PM To: Jason Cyrulnik , Adina Levine Subject: RE: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) I can speak now. Call my office? 212-506-3345 From: Jason Cyrulnik Sent: Monday, August 29, 2022 12:30 PM To: Jennifer McDougall ; Adina Levine Subject: Re: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) Hi Jenn: Following up on this. Thanks. Jason Cyrulnik Partner Cyrulnik Fattaruso LLP 55 Broadway, Third Floor New York, NY 10006 (m) 917.353.3005 (@) jcyrulnik@cf-llp.com From: Jason Cyrulnik Sent: Thursday, August 25, 2022 1:33:02 PM To: Jennifer McDougall ; Adina Levine Subject: Re: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) Jenn, please let me know if there is a good time today for us to connect. Thanks. Jason Cyrulnik Partner Cyrulnik Fattaruso LLP 55 Broadway, Third Floor New York, NY 10006 (m) 917.353.3005 (@) jcyrulnik@cf-llp.com From: Jennifer McDougall Sent: Thursday, August 18, 2022 12:36 PM To: Adina Levine Cc: Jason Cyrulnik 3 FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022 Subject: RE: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) Adina, Thank you. Attached is a draft stipulation re accepting service and responding to the complaint. I’ve let your opposition date blank. We would like 3 weeks to reply, working off the date you select for opposition. Let me know if you have any other edits. Thanks, Jenn Jennifer McDougall Kasowitz Benson Torres LLP 1633 Broadway New York, New York 10019 Tel. (212) 506-3345 Cell. (646) 335-5890 Fax. (212) 500-3465 JMcDougall@kasowitz.com This e-mail and any files transmitted with it are confidential and may be subject to the attorney-client privilege. Use or disclosure of this e-mail or any such files by anyone other than a designated addressee is unauthorized. If you are not an intended recipient, please notify the sender by e-mail and delete this e-mail without making a copy. From: Adina Levine Sent: Thursday, August 11, 2022 7:13 PM To: Jennifer McDougall Cc: Jason Cyrulnik Subject: Fwd: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) ALERT: THIS IS AN EXTERNAL EMAIL. DO NOT CLICK ON ANY LINK, ENTER A PASSWORD, OR OPEN AN ATTACHMENT UNLESS YOU KNOW THAT THE MESSAGE CAME FROM A SAFE EMAIL ADDRESS. Hi Jenn, I am sending the filed version of the complaint as per your call with Jason this afternoon that you agree to accept service via email. Best, Adina From: efile@nycourts.gov Date: Thursday, August 11, 2022 at 2:45 PM To: Jason Cyrulnik , Nielah Dotson , efile@nycourts.gov 4 FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022 Subject: NYSCEF Notification: New York - Commercial - Business Entity - Commercial Division - 652698/2022 (EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC) New York County Supreme Court Notification of Filing 08/11/2022 On 08/11/2022, the NYSCEF System received the documents listed below from filing user JASON CYRULNIK . Please keep this notice as a confirmation of this filing. Case Information Index #: 652698/2022 Caption: EXRP 14 HOLDINGS LLC v. LS-14 AVE LLC eFiling Status: Partial Participation Recorded Assigned Case Judge: Melissa Anne Crane Working Copies By order of the Chief Administrative Judge (A0/267/20), the court shall NOT request working copies of documents filed electronically. Documents Received Doc # Document Received Date 35 COMPLAINT 08/11/2022 36 EXHIBIT(S) A 08/11/2022 2022-06-28 Closing Notice to EXRP14 37 EXHIBIT(S) B 08/11/2022 2022-06-30 - Rejection of Notice 38 EXHIBIT(S) C 08/11/2022 2022-07-01 - Landsea Response to Rejection of Notice of Closing 39 EXHIBIT(S) D 08/11/2022 2022-07-05 - Extell Rejection of Notice 40 EXHIBIT(S) E 08/11/2022 2022-07-06 - Default Notice to Purchaser 41 EXHIBIT(S) F 08/11/2022 Direction Letter to Royal Abstract 42 EXHIBIT(S) G 08/11/2022 2022-07-08 - Notice 5 FILED: NEW YORK COUNTY CLERK 09/30/2022 02:55 PM INDEX NO. 652698/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 09/30/2022 E-mail Service Notifications Sent Name Email Address JASON CYRULNIK jcyrulnik@cf-llp.com E-mail Service Notifications NOT Sent Court rules require hard copy service upon non-participating parties and attorneys who have opted-out or declined consent Party Attorney LS-14 AVE LLC, Defendant/Respondent No Representation Recorded Filing User JASON CYRULNIK | jcyrulnik@cf-llp.com | 917-353-3005 | 55 Broadway, Third Floor, New York, NY 10006 Emergency Applications For Emergency Applications made after 5 p.m. or on days when the court is closed, please call 800-430-8457 or email emergency@nycourts.gov. NOTICE: This e-mail is intended only for the named recipient and for the purposes of the New York State Courts E-Filing System. If you are neither the intended recipient nor a person designated to receive messages on behalf of the intended recipient, notify the sender immediately. If you are unsure of the contents or origin of this email, it is advised to NOT click on any links provided. Instead, log into your NYSCEF account to access the documents referred to in this email. Thank you. Hon. Milton A. Tingling, New York County Clerk and Clerk of the Supreme Court Phone: 646-386-5956 Website: http://www.nycourts.gov/courts/1jd/supctmanh/county_clerk_operations.shtml 6