On December 09, 2019 a
Exhibit,Appendix
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 07/12/2022 02:37 PM INDEX NO. 617063/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/12/2022
EXHIBIT G
FILED: NASSAU COUNTY CLERK 07/12/2022 02:37 PM INDEX NO. 617063/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/12/2022
THE LAW OFFICES OF JAMES F. O'BRIEN
JERICHO ATRRTM
500 NORTH BROADWAY, SU1TE 105
JERICHO, NEW YORK 11753
(516) 822-9000
Fax: (516)822-1050
JAMES F. O'BRIEN* *Admitted NY & CA
JOHNF.BOGUT
of counsel
October 3, 2019
Via Overnight Mailing and Email:
jeremy.honig@rivkin.com
Rivkin Radler LLP
477 Madison Avenue
New York, New York 10022
Attention: Jeremy B. Honig
Dear Mr. Honig:
We are responding to your letterdated September 27, 2019. We note this letter
is addressed laterthan the
response date demanded in your lastparagraph, but are forwarding thisnonetheless.
The tenor and tone of your letterconfinns the continued intentionof your clientto actin a manner thatin
essence denies the ownership interestsand rights of my clients.
You may not be aware, but lastyear we had a meeting inwhich we were leftwith the impression thatyour
clientswere going to be communicative and responsive to my clients.
clients'
Since that time,there have been buildingapplicationsfiled and construction completed without my
knowledge and/or consent.
There was a written lease between our client and D.V.K. Realty Inc.not DVK Realty LLC. We have been
clearin our repeated requests thatwe be shown proof thatD.V.K. Realty Inc.and DVK Realty LLC arethe
same both
entity, legally and financially.As is customary with your clientthese requestshave been ignored.
The lease isclearthe Tenant isD.V.K. Realty Inc.The assignment language isunequivocal and requires
thatupon an assignment D.V.K. Realty Inc.must remain a guarantor. Our investigation shows thatD.V.K.
Realty Inc. does not exist,so thatthiscondition precedent to any assignment cannot be met.
You statein your letterdated September 27, 2019, the following:
"Landlord is not permitted to unilaterally amend ormodify the terms of the lease and DVK intends to
Lease."
continue to pay themonthly rent prescribed in the
FILED: NASSAU COUNTY CLERK 07/12/2022 02:37 PM INDEX NO. 617063/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/12/2022
Your argument that theLandlord waived it's
claim thatDVK Realty LLC is a month-to-month tenant is
invalid,especially since the rentbeing paid by DVK Realty LLC isnot the rentprovided under the prior
lease.
There is noreal issuehere, your clientis a month-to-month tenant and they have not paid rent.Itis difficult
to conclude a Landlord not being paid isinterferingwith a validtenancy.
While no one wants it
litigation, appears thatitwill be inevitableunless and untilyour clientisforthcoming
with the necessary information.
Very truly yours,
LAW OFFICES OF JAMES F. O'BRIEN
JAME . O'BRIEN
JFOB:d
Document Filed Date
July 12, 2022
Case Filing Date
December 09, 2019
Category
Other Matters - Contract - Other
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FILED: NASSAU COUNTY CLERK 07/12/2022 02:37 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/12/2022 EXHIBIT G FILED: NASSAU COUNTY CLERK 07/12/2022 02:37 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/12/2022 THE LAW OFFICES OF JAMES F. O'BRIEN JERICHO ATRRTM 500 NORTH BROADWAY, SU1TE 105 JERICHO, NEW YORK 11753 (516) 822-9000 Fax: (516)822-1050 JAMES F. O'BRIEN* *Admitted NY & CA JOHNF.BOGUT of counsel October 3, 2019 Via Overnight Mailing and Email: jeremy.honig@rivkin.com Rivkin Radler LLP 477 Madison Avenue New York, New York 10022 Attention: Jeremy B. Honig Dear Mr. Honig: We are responding to your letterdated September 27, 2019. We note this letter is addressed laterthan the response date demanded in your lastparagraph, but are forwarding thisnonetheless. The tenor and tone of your letterconfinns the continued intentionof your clientto actin a manner thatin essence denies the ownership interestsand rights of my clients. You may not be aware, but lastyear we had a meeting inwhich we were leftwith the impression thatyour clientswere going to be communicative and responsive to my clients. clients' Since that time,there have been buildingapplicationsfiled and construction completed without my knowledge and/or consent. There was a written lease between our client and D.V.K. Realty Inc.not DVK Realty LLC. We have been clearin our repeated requests thatwe be shown proof thatD.V.K. Realty Inc.and DVK Realty LLC arethe same both entity, legally and financially.As is customary with your clientthese requestshave been ignored. The lease isclearthe Tenant isD.V.K. Realty Inc.The assignment language isunequivocal and requires thatupon an assignment D.V.K. Realty Inc.must remain a guarantor. Our investigation shows thatD.V.K. Realty Inc. does not exist,so thatthiscondition precedent to any assignment cannot be met. You statein your letterdated September 27, 2019, the following: "Landlord is not permitted to unilaterally amend ormodify the terms of the lease and DVK intends to Lease." continue to pay themonthly rent prescribed in the FILED: NASSAU COUNTY CLERK 07/12/2022 02:37 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/12/2022 Your argument that theLandlord waived it's claim thatDVK Realty LLC is a month-to-month tenant is invalid,especially since the rentbeing paid by DVK Realty LLC isnot the rentprovided under the prior lease. There is noreal issuehere, your clientis a month-to-month tenant and they have not paid rent.Itis difficult to conclude a Landlord not being paid isinterferingwith a validtenancy. While no one wants it litigation, appears thatitwill be inevitableunless and untilyour clientisforthcoming with the necessary information. Very truly yours, LAW OFFICES OF JAMES F. O'BRIEN JAME . O'BRIEN JFOB:d