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. 75 RECEIVED NYSCEF: 07/12/2022
•§—l’™¤ ‰
FILED: NASSAU COUNTY CLERK 07/12/2022 02:37 PM INDEX NO. 617063/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 07/12/2022
lfRIVKINRADLER2 WWW.RIVKI NRADLER.COM
A T TO RN F Y S AT
LA W
477 MadisonAvenue
New York, NY 10022-5843
.. T 212.455.9555 F 212.687.9044
J EREMY B. H ONIG
PARTNER
(516)357-3580
jeremy.honiq@rivkin.com
September 27, 2019
VIA Federal Express
Law Offices of James F. O'Brien
Jericho Atrium
500 North Broadway, Suite 105
Jericho, New York 11753
Re: 245 Pine Hollow Road, Oyster Bay,
New York 11771 (the "Prernises")
Dear Mr. O'Brien:
As you know, this law firm is litigation counsel to DVK Realty LLC ("DVK"). l'he letter
sent by your client, Cremb Realty Inc. ("Landlord"), to DVK, dated August 26, 2019, was forwarded
to our office for review and response.
Please be advised that DVK rejects Landlord's unilateral increase of the base rent for the
Premises as the parties have a fully enforceable lease (the "Lease") in effect for the Premises which
explicitly prescribes the amount of rent to be paid by DVK. Landlord is not permitted to unilaterally
amend or modify the terms of the Lease and DVK intends to continue to pay the monthly rent in the
amount prescribed in the Lease.
By way of a letter dated October 2, 2018, DVK exercised all three (3) of its remaining five (5)
year options on the Lease, thereby extending the expiration date to December 31, 2033. DVK
previously rejected, and continues to reject, the Landlord's unsupported and outrageous assertion that
month"
DVK is a "month to tenant. Moreover, Landlord waived its claim that DVK is a month to
month tenant by its continued acceptance of monthly rent in the amount prescribed in the Lease
without objection.
It is hereby demanded that, on or before October 4, 2019, Landlord acknowledges the
followmg, m writing: (a) that the Lease between Landlord and DVK is in full force and effect; (b)
that DVK validly exercised itsoptions under the Lease extending the expiration date to December 31,
2033; and (c) that Landlord's unilateral increase of the base rent has been withdrawn. In the event
that such written acknowledgement is not received on or before September 25, 2019, we have been
authorized to take all legal steps necessary to protect DVK's interests including, but not limited to,
9 Thurlow Terrace 21 Main Street, Court PlazaSouth2649 South Road 926 RXRPlaza
Albany, NY 12203-1005 West Wing, Suite 158 Poughkeepsie,NY 12601-6843 Uniondale,NY 11556-0926
T 518.462.3000F 518.462.4199 Hackensack,NJ 07601-7021 T 845.473.8100
F 845.473.8777 F 516.357.3333
T 516.357.3000
T 201.287.2460
F 201.489.0495
FILED: NASSAU COUNTY CLERK 07/12/2022 02:37 PM INDEX NO. 617063/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 07/12/2022
R1VKlNRADLER
.AI1ORNEYS AT LAW
..
Law Offices of James F. O'Brien
September 27, 2019
Page 2
. .
the immediate commencement of an action for a judgment declaring that the Lease between the
parties is valid and binding. While we certainly hope that the commencement of time consuming and
costly litigation is not necessary, DVK will no longer sitidly by while Landlord searches for new
ways to interfere with itsvalid tenancy.
This letter is sent without prejudice to DVK's rights and remedies, all of which are expressly
reserved.
Be guided accordingly.
Very truly yours,
RIVK L n LLP
m B. Honig
JBH/rr
4564345vl
Document Filed Date
July 12, 2022
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 07/12/2022 02:37 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 07/12/2022 •§—l’™¤ ‰ FILED: NASSAU COUNTY CLERK 07/12/2022 02:37 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 07/12/2022 lfRIVKINRADLER2 WWW.RIVKI NRADLER.COM A T TO RN F Y S AT LA W 477 MadisonAvenue New York, NY 10022-5843 .. T 212.455.9555 F 212.687.9044 J EREMY B. H ONIG PARTNER (516)357-3580 jeremy.honiq@rivkin.com September 27, 2019 VIA Federal Express Law Offices of James F. O'Brien Jericho Atrium 500 North Broadway, Suite 105 Jericho, New York 11753 Re: 245 Pine Hollow Road, Oyster Bay, New York 11771 (the "Prernises") Dear Mr. O'Brien: As you know, this law firm is litigation counsel to DVK Realty LLC ("DVK"). l'he letter sent by your client, Cremb Realty Inc. ("Landlord"), to DVK, dated August 26, 2019, was forwarded to our office for review and response. Please be advised that DVK rejects Landlord's unilateral increase of the base rent for the Premises as the parties have a fully enforceable lease (the "Lease") in effect for the Premises which explicitly prescribes the amount of rent to be paid by DVK. Landlord is not permitted to unilaterally amend or modify the terms of the Lease and DVK intends to continue to pay the monthly rent in the amount prescribed in the Lease. By way of a letter dated October 2, 2018, DVK exercised all three (3) of its remaining five (5) year options on the Lease, thereby extending the expiration date to December 31, 2033. DVK previously rejected, and continues to reject, the Landlord's unsupported and outrageous assertion that month" DVK is a "month to tenant. Moreover, Landlord waived its claim that DVK is a month to month tenant by its continued acceptance of monthly rent in the amount prescribed in the Lease without objection. It is hereby demanded that, on or before October 4, 2019, Landlord acknowledges the followmg, m writing: (a) that the Lease between Landlord and DVK is in full force and effect; (b) that DVK validly exercised itsoptions under the Lease extending the expiration date to December 31, 2033; and (c) that Landlord's unilateral increase of the base rent has been withdrawn. In the event that such written acknowledgement is not received on or before September 25, 2019, we have been authorized to take all legal steps necessary to protect DVK's interests including, but not limited to, 9 Thurlow Terrace 21 Main Street, Court PlazaSouth2649 South Road 926 RXRPlaza Albany, NY 12203-1005 West Wing, Suite 158 Poughkeepsie,NY 12601-6843 Uniondale,NY 11556-0926 T 518.462.3000F 518.462.4199 Hackensack,NJ 07601-7021 T 845.473.8100 F 845.473.8777 F 516.357.3333 T 516.357.3000 T 201.287.2460 F 201.489.0495 FILED: NASSAU COUNTY CLERK 07/12/2022 02:37 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 07/12/2022 R1VKlNRADLER .AI1ORNEYS AT LAW .. Law Offices of James F. O'Brien September 27, 2019 Page 2 . . the immediate commencement of an action for a judgment declaring that the Lease between the parties is valid and binding. While we certainly hope that the commencement of time consuming and costly litigation is not necessary, DVK will no longer sitidly by while Landlord searches for new ways to interfere with itsvalid tenancy. This letter is sent without prejudice to DVK's rights and remedies, all of which are expressly reserved. Be guided accordingly. Very truly yours, RIVK L n LLP m B. Honig JBH/rr 4564345vl