On December 09, 2019 a
Motion-Secondary
was filed
involving a dispute between
Dvk Realty Llc,
and
Cremb Realty, Inc.,
for Other Matters - Contract - Other
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 03/09/2020 01:46 PM INDEX NO. 617063/2019
NYSCEF
|FILED
DOC.: NO. 25
NASSAU COUNTY CLERK 01/14 /2_0 2 0 12 : 4 0
RECEIVED INDEXNYSCEF:
NO. 03/09/2020
617063/2019
PM)
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/14/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------X
DVK REALTY LLC,
Plaintiff,
AFFIDAVIT IN SUPPORT
-against-
Index No.: 617063/2019
CREMB REALTY INC.,
Defendant.
_______ _______ __....------------. --------....--------X
STATE OF NEW YORK)
)SS:
COUNTY OF NASSAU )
Bernadette Frontero being duly sworn deposes and says:
1. That 1 am an authorized agent of the Defendant CREMB REALTY INC., and as
such, I am fully familiar with the facts and circumstãnces surrenad this action.
2. That CREMB REALTY INC. is the owner of the promises and property located at
and known as 245 Pine Hollow Road Oyster Bay, New York 11771, hereinafter referred to as the
Premises.
3. That on December 9, 2019 the Plaintiff herein, DVK REALTY LLC ==meed
an action seeking a declaratics of the rights if any itpossessed regarding the Pranism. A copy of
the Summons and Complaint are annexed hereto as Exhibit "A".
4. Thereafter, the Ddedant CREMB REALTY INC. filed a Verified Answer with
Counter±i== "B."
A copy of which is annexed hereto as Exhibit
5. The gravamen of the camplét and the courserclaims the ar·*ia=• is a declaration
of the rights ifany that are held by DVK REALTY LLC in the subject Pranism.
6. This matter is complex and will require extensive discovery, but in the meardime
DVK REALTY LLC is attanpting to gain an unfair advantage and is ressiñg to pay any ==eunt
for the use and occupancy of the Premises.
1 of 3
FILED: NASSAU COUNTY CLERK 03/09/2020 01:46 PM INDEX NO. 617063/2019
NYSCEF
|F ILED
DOC.: NO. 25
NASSAU COUNTY CLERK 01/14/2020
RECEIVED INDEXNYSCEF:
NO. 03/09/2020
617063/2019
12i40_PE
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/14/2020
7. Cam-msciñg in January 2019, the Plaintiff mnitted to Defendant the arbitrary
amount of $4,500.00 per month.
8. After several mantha, the Defendant served upon the Plaintiff a notice of default.
9. In rennnse, on or about October 7, 2019, Plaintiff forwarded a check in theamount
of $8,750.00 in an apparent e."mpt to vitiate the default.
10. Defêñdant in an attempt to protect its interests, did not deposit the check or
subsequent checks.
11. After cam;ñancement of this litigatiõñ, Defendâñt's counsel reached out to
Plaintiff's ccüñscl and requested that the parties agree that Defendet would deposit the checks
being held and Plaintiffwould coñtiñüe to tender the arbitrary amount and the tender and receipt
would be withcat prejudice to either side.
12. Plaintifffor apparent tactical reasons rejected this and will not allow the monies to
be deposited without prejudice.
13. It is unfair to allow Plaintiff to control the Premises and not pay for use and
occupancy.
I4. This is true since Plaintiff receives payments from its sub-
especially rñóñthly
tenant a McDonald's restaurant. Itis believed that this revenue stream is Plaintiffs only asset. If
Defendant is successful in obtaidy the reliefrequested in itscõüñterciaùñs, then Plaintiff will
have no interest in the Premises or any assets upon which Defendañt would have no ability to
collect for unpaid use and occupancy.
15. Defe. dent believes that its proposal that Plaintiff merely tender the ameüñt of
$5,500.00 per month was reasonable. This is lessthan Plaintiff receives under the sub-lease.
16. Defendant has no otheroption other than request this Court order payment of a fair
market value use and occupancy
2 of 3
FILED: NASSAU COUNTY CLERK 03/09/2020 01:46 PM INDEX NO. 617063/2019
NYSCEF
FILED:
DOC. NO. 25
NASSAU COUNTY CLERK 01 1~4 2020 12:40 P
RECEIVED INDEXNYSCEF:
NO. 03/09/2020
617063/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/14/2020
"
17. D f "t istherefore re~~ that this Court set thismatter down for a hearing
to ~~~~ the amount of use and oc~
~~~ Plaintiff should pay during the pendency of this
action.
1$. That no previous application for the reliefherein re„=====-'=:-~has
been made.
t
t
adette Frontero
Sworn Kgefore me this
~l,+ bf 2020
day January
N
Document Filed Date
March 09, 2020
Case Filing Date
December 09, 2019
Category
Other Matters - Contract - Other
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NASSAU COUNTY CLERK 03/09/2020 01:46 PM INDEX NO. 617063/2019 NYSCEF |FILED DOC.: NO. 25 NASSAU COUNTY CLERK 01/14 /2_0 2 0 12 : 4 0 RECEIVED INDEXNYSCEF: NO. 03/09/2020 617063/2019 PM) NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------X DVK REALTY LLC, Plaintiff, AFFIDAVIT IN SUPPORT -against- Index No.: 617063/2019 CREMB REALTY INC., Defendant. _______ _______ __....------------. --------....--------X STATE OF NEW YORK) )SS: COUNTY OF NASSAU ) Bernadette Frontero being duly sworn deposes and says: 1. That 1 am an authorized agent of the Defendant CREMB REALTY INC., and as such, I am fully familiar with the facts and circumstãnces surrenad this action. 2. That CREMB REALTY INC. is the owner of the promises and property located at and known as 245 Pine Hollow Road Oyster Bay, New York 11771, hereinafter referred to as the Premises. 3. That on December 9, 2019 the Plaintiff herein, DVK REALTY LLC ==meed an action seeking a declaratics of the rights if any itpossessed regarding the Pranism. A copy of the Summons and Complaint are annexed hereto as Exhibit "A". 4. Thereafter, the Ddedant CREMB REALTY INC. filed a Verified Answer with Counter±i== "B." A copy of which is annexed hereto as Exhibit 5. The gravamen of the camplét and the courserclaims the ar·*ia=• is a declaration of the rights ifany that are held by DVK REALTY LLC in the subject Pranism. 6. This matter is complex and will require extensive discovery, but in the meardime DVK REALTY LLC is attanpting to gain an unfair advantage and is ressiñg to pay any ==eunt for the use and occupancy of the Premises. 1 of 3 FILED: NASSAU COUNTY CLERK 03/09/2020 01:46 PM INDEX NO. 617063/2019 NYSCEF |F ILED DOC.: NO. 25 NASSAU COUNTY CLERK 01/14/2020 RECEIVED INDEXNYSCEF: NO. 03/09/2020 617063/2019 12i40_PE NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/14/2020 7. Cam-msciñg in January 2019, the Plaintiff mnitted to Defendant the arbitrary amount of $4,500.00 per month. 8. After several mantha, the Defendant served upon the Plaintiff a notice of default. 9. In rennnse, on or about October 7, 2019, Plaintiff forwarded a check in theamount of $8,750.00 in an apparent e."mpt to vitiate the default. 10. Defêñdant in an attempt to protect its interests, did not deposit the check or subsequent checks. 11. After cam;ñancement of this litigatiõñ, Defendâñt's counsel reached out to Plaintiff's ccüñscl and requested that the parties agree that Defendet would deposit the checks being held and Plaintiffwould coñtiñüe to tender the arbitrary amount and the tender and receipt would be withcat prejudice to either side. 12. Plaintifffor apparent tactical reasons rejected this and will not allow the monies to be deposited without prejudice. 13. It is unfair to allow Plaintiff to control the Premises and not pay for use and occupancy. I4. This is true since Plaintiff receives payments from its sub- especially rñóñthly tenant a McDonald's restaurant. Itis believed that this revenue stream is Plaintiffs only asset. If Defendant is successful in obtaidy the reliefrequested in itscõüñterciaùñs, then Plaintiff will have no interest in the Premises or any assets upon which Defendañt would have no ability to collect for unpaid use and occupancy. 15. Defe. dent believes that its proposal that Plaintiff merely tender the ameüñt of $5,500.00 per month was reasonable. This is lessthan Plaintiff receives under the sub-lease. 16. Defendant has no otheroption other than request this Court order payment of a fair market value use and occupancy 2 of 3 FILED: NASSAU COUNTY CLERK 03/09/2020 01:46 PM INDEX NO. 617063/2019 NYSCEF FILED: DOC. NO. 25 NASSAU COUNTY CLERK 01 1~4 2020 12:40 P RECEIVED INDEXNYSCEF: NO. 03/09/2020 617063/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/14/2020 " 17. D f "t istherefore re~~ that this Court set thismatter down for a hearing to ~~~~ the amount of use and oc~ ~~~ Plaintiff should pay during the pendency of this action. 1$. That no previous application for the reliefherein re„=====-'=:-~has been made. t t adette Frontero Sworn Kgefore me this ~l,+ bf 2020 day January N