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FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022
EXHIBIT L
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009
NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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STREET SNACKS, LLC,
Index No.: 602374/09
Plaintiff,
NOTICE OF
COMPUTATION
-against-
BRIDGE ASSOCIATES OF SOHO, INC.,
ADAM D. LUCKNER, MIDWAY HOLDINGS CORP.,
YORK RESOURCES LLC, STERLING NATIONAL
BANK, NEW YORK STATE DISTRICT ATTORNEY,
STATE OF NEW YORK, CITY OF NEW YORK, NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD,
and NEW YORK CITY DEPARTMENT OF FINANCE,
Defendants.
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PLEASE TAKE NOTICE that the matters herein referred to Tom Kleinberger, Esq.,
appointed as Referee by an Order of this Court, dated August 18, 2022 and entered on August
22, 2022 in the New York County Clerk’s Office, have been noticed for submission to the
Referee for his review at his office located at 411 5th Avenue, New York, New York 10016.
Should any party have any specific objections with respect to the proposed computations herein,
those objections must be submitted, in writing, to the Referee at the aforementioned address and
to Plaintiff’s counsel.
PLEASE TAKE FURTHER NOTICE that a copy of any such objections must be served
no later than September 29, 2022. Said objections must be with regard only to the proposed
computations and it shall be lefty to the discretion of the Referee whether such objections
warrant a hearing. In the event that objections are timely submitted, the Referee shall advise the
parties if a hearing is required. In the event the Referee directs a hearing, the Referee shall then
schedule the date, time, and place of such hearing. If objections are timely submitted, but the
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Referee determines that a hearing is unnecessary, then the computations by the Referee shall be
done on submissions only. In the absence of any timely objections, pursuant to the terms herein
and the Court’s Order, such absence shall be deemed a waiver of objections and the
computations shall be made by the Referee on Plaintiff’s submission only.
Dated: New York, New York
September 15, 2022
LAROCCA HORNIK ROSEN
& GREENBERG LLP
/s/ Amy D. Carlin
By: ___________________________
Amy D. Carlin
40 Wall Street, 32d Floor
New York, NY 10005
T: (212) 530-4835
E: acarlin@lhrgb.com
Attorneys for Plaintiff
Street Snacks, LLC
TO: LESTER KORINMAN KAMRAN & MASINI, P.C.
Peter K. Kamran, Esq.
600 Old Country Road, Suite 229
Garden City, NY 11530
E: pkamran@lesterfirm.com
Attorneys for Defendants
Bridge Associates of Soho, Inc.,
Adam D. Luckner, and Midway Holdings Corp.
KONNER TEITELBAUM & GALLAGHER LLP
Brian Gallagher, Esq.
462 Seventh Avenue, 12th Floor
New York, New York 10018
E: bgallagher@ktglaw.com
Attorneys for Defendant Sterling National Bank
MITOFSKY, SHAPIRO, NEVILLE & HAZEN LLP
David Fonseca, Esq.
152 Madison Ave 3rd Floor
New York, NY 10016
E: dfonseca@msnhlaw.com
Attorneys for Defendant York Resources, LLC
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CORPORATION COUNSEL OF THE CITY OF NEW YORK
Joy Anakhu, Esq.
100 Church Street, Room 3-106
New York, NY 10007
E: janakhu@law.nyc.gov
Attorneys for Defendant The City of New York
SPECIAL ASSISTANT CORPORATION COUNSEL
NEW YORK CITY DEPARTMENT OF FINANCE
Office of Legal Affairs
Michele Mirro, Esq.
375 Pearl Street, 30th Floor
New York, NY 10038
E: mirrom@finance.nyc.gov
Attorneys for Defendant New York City Department of Finance
New York City Environmental Control Board
66 John Street
New York, New York 10038
WARSHAW BURSTEIN LLP
Slava Hazin, Esq.
555 Fifth Avenue
New York, NY 10017
E: shazin@wbny.com
Attorneys for Defendants NYC Property Tenants
THOMAS R. KLEINBERGER, ESQ.
411 Fifth Avenue
New York, NY 10016
Appointed Referee
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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STREET SNACKS, LLC,
Index No. 602374/09
Plaintiff,
REFEREE’S OATH
-against-
BRIDGE ASSOCIATES OF SOHO, INC.,
ADAM D. LUCKNER, MIDWAY HOLDINGS CORP.,
YORK RESOURCES LLC, STERLING NATIONAL
BANK, NEW YORK STATE DISTRICT ATTORNEY,
STATE OF NEW YORK, CITY OF NEW YORK, NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD,
and NEW YORK CITY DEPARTMENT OF FINANCE,
Defendants.
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COUNTY OF NEW YORK)
) ss.:
STATE OF NEW YORK )
I, Tom Kleinberger, the Referee appointed by an order of this Court dated August 18,
2022, in the above-entitled action, by which said Order it was referred to the undersigned to
ascertain and compute the amount due to the Plaintiff upon its note and mortgage upon which
this action was brought, and to examine and report whether the mortgaged premises can be sold
in parcels, do solemnly swear that I will faithfully and fairly determine the questions referred to
me, and that I will make a just and true report thereon according to the best of my understanding
and as said Order requires.
__________________________
Tom Kleinberger
Sworn to before me this
____ day of ____________, 2022
__________________________
Notary Public
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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STREET SNACKS, LLC,
Index No.: 602374/09
Plaintiff,
REFEREE’S REPORT OF
-against- AMOUNT DUE
BRIDGE ASSOCIATES OF SOHO, INC.,
ADAM D. LUCKNER, MIDWAY HOLDINGS CORP.,
YORK RESOURCES LLC, STERLING NATIONAL
BANK, NEW YORK STATE DISTRICT ATTORNEY,
STATE OF NEW YORK, CITY OF NEW YORK, NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD,
and NEW YORK CITY DEPARTMENT OF FINANCE,
Defendants.
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TO THE SUPREME COURT, NEW YORK COUNTY:
PURSUANT TO by an Order of this Court, dated August 18, 2022 and entered on
August 22, 2022 in the New York County Clerk’s Office, by which said Order it was referred to
the undersigned to compute the amount due the Plaintiff herein on the Note and Mortgage set
forth in the Complaint, and to examine and report whether the mortgaged premises can be sold in
parcels, I, Tom Kleinberger, Esq., an attorney duly admitted to the practice of law in the State of
New York, hereby affirm under penalty of perjury pursuant to CPLR § 2106, as follows:
1. That I was first duly sworn, faithfully and fairly to hear and determine the
questions herein referred to me as the case requires.
2. That I have computed the amount due to Plaintiff herein for principal and
advances and interest under and by virtue of the Note and Mortgage set forth in the Complaint
herein. That I find and accordingly report that there is due to Plaintiff as of September 1, 2022,
the sum of $7,940,109.87, plus interest from September 2, 2022 at the default rate of 24% per
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annum, exclusive of counsel fees.
3. That Schedule “A” annexed hereto is the Affidavit of Amount Due of Thomas
Makkos sworn to on September 13, 2022, provided by Plaintiff to attest to the amount due
Plaintiff.
4. That Schedule “B” annexed hereto is an abstract of documentary evidence
introduced before me.
5. That Schedule “C” annexed hereto shows the details of my computation of the
amount due to Plaintiff.
6. That Schedule “D” annexed hereto is the Order of Reference.
7. That Schedule “E” annexed hereto sets forth a copy of the Notice of Computation,
with proof of mailing on all Defendants requiring notice of same.
8. That I have made inquiry as to the advisability of selling the mortgaged premises
in parcels and find, and accordingly report, that the mortgaged premises should be sold in two
parcels as they consist of two one-family residential dwellings and plots assessed as two tax lots.
9. All of which is respectfully submitted.
__________________________
Tom Kleinberger
Sworn to before me this
____ day of ___________, 2022
__________________________
Notary Public
2
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SCHEDULE A
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EXHIBIT 1
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Motion Seq. No. 006
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WORD COUNT CERTIFICATION
Pursuant to Section 202.8-b of the Uniform Rules for the Supreme Court
I, Amy D. Carlin, an attorney duly admitted to practice law before the courts of
the State of New York, hereby certify that this affidavit complies with the word count
limit and that the total number of words in the affidavit, inclusive of point headings and
footnotes is 4,794. In preparing this certification, I have relied on the word count of the
word processing system used to prepare this affidavit.
Dated: New York, New York
June 14, 2022
/s/ Amy D. Carlin
Amy D. Carlin
19
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Exhibit
(to Joseph Pistilli Affidavit)
A
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LOAN DOCUMENTS
Mortgage Note from Bridge Associates of Soho, Inc. to First Central Savings Bank dated
January 9, 2003 in the principal face amount of $1,200,000 (the “2003 Note”).
Mortgage from Bridge Associates of Soho, Inc. to First Central Savings Bank dated January
9, 2003 (the “2003 Mortgage”). The 2003 Mortgage was duly recorded on October 20,
2003 in the Office of the Register of New York County in CRFN#2003000429701.
Assignment of Rents and Leases from Bridge Associates of Soho, Inc. to First Central
Savings Bank dated January 9, 2003 (the “2003 Assignment of Rents”). The 2003
Assignment of Rents was duly recorded in the Office of the Register of the County of New
York on October 20, 2003 at CRFN 2003000429703.
Commercial Loan Guaranty from Adam D. Luckner and Susan J. Luckner to First Central
Savings Bank dated January 9, 2003 (the “2003 Guaranty”).
Guaranty Mortgage from Adam D. Luckner to First Central Savings Bank dated January 9,
2003 (the “2003 Woodmere Guaranty Mortgage”).
Guaranty Mortgage from Adam D. Luckner and Susan J. Luckner to First Central Savings
Bank dated January 9, 2003 (the “2003 Long Beach Guaranty Mortgage”).
Mortgage Note from Bridge Associates of Soho, Inc. to First Central Savings Bank dated
May 24, 2004 in the principal face amount of $4,416.97 (the “2004 Note”).
Mortgage from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 24,
2004 (the “2004 Mortgage”). The 2004 Mortgage was duly recorded September 1, 2004 in
the Office of the Register of New York County in CRFN#2004000548045.
Substitute Mortgage Note from Bridge Associates of Soho, Inc. to First Central Savings
Bank dated May 24, 2004 in the principal face amount of $1,188,000 (the “2004 Substitute
Note”).
Modification, Extension and Consolidation Agreement with Spreader Mortgage from
Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 24, 2004 (the
“2004 Consolidation Agreement”). The 2004 Consolidation Agreement was duly recorded
in the Office of the Register of the County of New York on September 1, 2004 at CRFN
2004000548046.
Assignment of Rents and Leases from Bridge Associates of Soho, Inc. to First Central
Savings Bank dated May 24, 2004 (the “2004 Assignment of Rents”). The 2004 Assignment
of Rents was duly recorded in the Office of the Register of the County of New York on
September 1, 2004 at CRFN 2004000548047.
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Commercial Loan Guaranty from Adam D. Luckner and Susan J. Luckner to First Central
Savings Bank dated May 24, 2004 (the “2004 Guaranty”).
Guaranty Mortgage from Adam D. Luckner to First Central Savings Bank dated May 24,
2004 (the “2004 Woodmere Guaranty Mortgage”).
Guaranty Mortgage from Adam D. Luckner and Susan J. Luckner to First Central Savings
Bank dated May 24, 2004 (the “2004 Long Beach Guaranty Mortgage”).
Mortgage Note from Bridge Associates of Soho, Inc. to First Central Savings Bank dated
May 16, 2005 in the principal face amount of $423,415.27 (the “2005 Note”).
Mortgage from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 16,
2005 (the “2005 Mortgage”). The 2005 Mortgage was duly recorded in the Office of the
Register of the County of New York on June 3, 2005 at CRFN 2005000326591 and in the
Nassau County Clerk’s Office on October 25, 2005 at Liber 29601, Page 321.
Substituted Mortgage Note from Bridge Associates of Soho, Inc. to First Central Savings
Bank dated May 16, 2005 in the principal face amount of $1,600,000 (the “2005 Substituted
Note”).
Consolidation, Modification and Extension Agreement from Bridge Associates of Soho,
Inc. to First Central Savings Bank dated May 16, 2005 (the “2005 Consolidation
Agreement”). The 2005 Consolidation Agreement was duly recorded in the Office of the
Register of the County of New York on June 3, 2005 at CRFN 2005000326592 and in the
Nassau County Clerk’s Office on October 25, 2005 at Liber 29601, Page 350.
Guaranty from Adam D. Luckner and Midway Holdings Corp. to First Central Savings
Bank dated May 24, 2004 (the “2004 Guaranty”).
Collateral Assignment of Leases and Rents from Bridge Associates of Soho, Inc. to First
Central Savings Bank dated May 16, 2005 (the “2005 Collateral Assignment). The 2005
Collateral Assignment was duly recorded in the Office of the Register of the County of New
York on December 12, 2008 at CRFN 2008000474339.
2
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Exhibit
(to Joseph Pistilli Affidavit)
B
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Exhibit
(to Joseph Pistilli Affidavit)
C
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FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 EXHIBIT L FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X STREET SNACKS, LLC, Index No.: 602374/09 Plaintiff, NOTICE OF COMPUTATION -against- BRIDGE ASSOCIATES OF SOHO, INC., ADAM D. LUCKNER, MIDWAY HOLDINGS CORP., YORK RESOURCES LLC, STERLING NATIONAL BANK, NEW YORK STATE DISTRICT ATTORNEY, STATE OF NEW YORK, CITY OF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, and NEW YORK CITY DEPARTMENT OF FINANCE, Defendants. ------------------------------------------------------------------X PLEASE TAKE NOTICE that the matters herein referred to Tom Kleinberger, Esq., appointed as Referee by an Order of this Court, dated August 18, 2022 and entered on August 22, 2022 in the New York County Clerk’s Office, have been noticed for submission to the Referee for his review at his office located at 411 5th Avenue, New York, New York 10016. Should any party have any specific objections with respect to the proposed computations herein, those objections must be submitted, in writing, to the Referee at the aforementioned address and to Plaintiff’s counsel. PLEASE TAKE FURTHER NOTICE that a copy of any such objections must be served no later than September 29, 2022. Said objections must be with regard only to the proposed computations and it shall be lefty to the discretion of the Referee whether such objections warrant a hearing. In the event that objections are timely submitted, the Referee shall advise the parties if a hearing is required. In the event the Referee directs a hearing, the Referee shall then schedule the date, time, and place of such hearing. If objections are timely submitted, but the FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 Referee determines that a hearing is unnecessary, then the computations by the Referee shall be done on submissions only. In the absence of any timely objections, pursuant to the terms herein and the Court’s Order, such absence shall be deemed a waiver of objections and the computations shall be made by the Referee on Plaintiff’s submission only. Dated: New York, New York September 15, 2022 LAROCCA HORNIK ROSEN & GREENBERG LLP /s/ Amy D. Carlin By: ___________________________ Amy D. Carlin 40 Wall Street, 32d Floor New York, NY 10005 T: (212) 530-4835 E: acarlin@lhrgb.com Attorneys for Plaintiff Street Snacks, LLC TO: LESTER KORINMAN KAMRAN & MASINI, P.C. Peter K. Kamran, Esq. 600 Old Country Road, Suite 229 Garden City, NY 11530 E: pkamran@lesterfirm.com Attorneys for Defendants Bridge Associates of Soho, Inc., Adam D. Luckner, and Midway Holdings Corp. KONNER TEITELBAUM & GALLAGHER LLP Brian Gallagher, Esq. 462 Seventh Avenue, 12th Floor New York, New York 10018 E: bgallagher@ktglaw.com Attorneys for Defendant Sterling National Bank MITOFSKY, SHAPIRO, NEVILLE & HAZEN LLP David Fonseca, Esq. 152 Madison Ave 3rd Floor New York, NY 10016 E: dfonseca@msnhlaw.com Attorneys for Defendant York Resources, LLC 2 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 CORPORATION COUNSEL OF THE CITY OF NEW YORK Joy Anakhu, Esq. 100 Church Street, Room 3-106 New York, NY 10007 E: janakhu@law.nyc.gov Attorneys for Defendant The City of New York SPECIAL ASSISTANT CORPORATION COUNSEL NEW YORK CITY DEPARTMENT OF FINANCE Office of Legal Affairs Michele Mirro, Esq. 375 Pearl Street, 30th Floor New York, NY 10038 E: mirrom@finance.nyc.gov Attorneys for Defendant New York City Department of Finance New York City Environmental Control Board 66 John Street New York, New York 10038 WARSHAW BURSTEIN LLP Slava Hazin, Esq. 555 Fifth Avenue New York, NY 10017 E: shazin@wbny.com Attorneys for Defendants NYC Property Tenants THOMAS R. KLEINBERGER, ESQ. 411 Fifth Avenue New York, NY 10016 Appointed Referee 3 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X STREET SNACKS, LLC, Index No. 602374/09 Plaintiff, REFEREE’S OATH -against- BRIDGE ASSOCIATES OF SOHO, INC., ADAM D. LUCKNER, MIDWAY HOLDINGS CORP., YORK RESOURCES LLC, STERLING NATIONAL BANK, NEW YORK STATE DISTRICT ATTORNEY, STATE OF NEW YORK, CITY OF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, and NEW YORK CITY DEPARTMENT OF FINANCE, Defendants. ------------------------------------------------------------------X COUNTY OF NEW YORK) ) ss.: STATE OF NEW YORK ) I, Tom Kleinberger, the Referee appointed by an order of this Court dated August 18, 2022, in the above-entitled action, by which said Order it was referred to the undersigned to ascertain and compute the amount due to the Plaintiff upon its note and mortgage upon which this action was brought, and to examine and report whether the mortgaged premises can be sold in parcels, do solemnly swear that I will faithfully and fairly determine the questions referred to me, and that I will make a just and true report thereon according to the best of my understanding and as said Order requires. __________________________ Tom Kleinberger Sworn to before me this ____ day of ____________, 2022 __________________________ Notary Public FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X STREET SNACKS, LLC, Index No.: 602374/09 Plaintiff, REFEREE’S REPORT OF -against- AMOUNT DUE BRIDGE ASSOCIATES OF SOHO, INC., ADAM D. LUCKNER, MIDWAY HOLDINGS CORP., YORK RESOURCES LLC, STERLING NATIONAL BANK, NEW YORK STATE DISTRICT ATTORNEY, STATE OF NEW YORK, CITY OF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, and NEW YORK CITY DEPARTMENT OF FINANCE, Defendants. ------------------------------------------------------------------X TO THE SUPREME COURT, NEW YORK COUNTY: PURSUANT TO by an Order of this Court, dated August 18, 2022 and entered on August 22, 2022 in the New York County Clerk’s Office, by which said Order it was referred to the undersigned to compute the amount due the Plaintiff herein on the Note and Mortgage set forth in the Complaint, and to examine and report whether the mortgaged premises can be sold in parcels, I, Tom Kleinberger, Esq., an attorney duly admitted to the practice of law in the State of New York, hereby affirm under penalty of perjury pursuant to CPLR § 2106, as follows: 1. That I was first duly sworn, faithfully and fairly to hear and determine the questions herein referred to me as the case requires. 2. That I have computed the amount due to Plaintiff herein for principal and advances and interest under and by virtue of the Note and Mortgage set forth in the Complaint herein. That I find and accordingly report that there is due to Plaintiff as of September 1, 2022, the sum of $7,940,109.87, plus interest from September 2, 2022 at the default rate of 24% per FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 annum, exclusive of counsel fees. 3. That Schedule “A” annexed hereto is the Affidavit of Amount Due of Thomas Makkos sworn to on September 13, 2022, provided by Plaintiff to attest to the amount due Plaintiff. 4. That Schedule “B” annexed hereto is an abstract of documentary evidence introduced before me. 5. That Schedule “C” annexed hereto shows the details of my computation of the amount due to Plaintiff. 6. That Schedule “D” annexed hereto is the Order of Reference. 7. That Schedule “E” annexed hereto sets forth a copy of the Notice of Computation, with proof of mailing on all Defendants requiring notice of same. 8. That I have made inquiry as to the advisability of selling the mortgaged premises in parcels and find, and accordingly report, that the mortgaged premises should be sold in two parcels as they consist of two one-family residential dwellings and plots assessed as two tax lots. 9. All of which is respectfully submitted. __________________________ Tom Kleinberger Sworn to before me this ____ day of ___________, 2022 __________________________ Notary Public 2 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 SCHEDULE A FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 FILED: NEW YORK COUNTY CLERK 12/14/2022 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 12/14/2022 EXHIBIT 1 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 Motion Seq. No. 006 1 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 2 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 3 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 4 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 5 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 6 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 7 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 8 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 9 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 10 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 11 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 12 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 13 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 14 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 15 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 16 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 17 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 18 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 71 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 WORD COUNT CERTIFICATION Pursuant to Section 202.8-b of the Uniform Rules for the Supreme Court I, Amy D. Carlin, an attorney duly admitted to practice law before the courts of the State of New York, hereby certify that this affidavit complies with the word count limit and that the total number of words in the affidavit, inclusive of point headings and footnotes is 4,794. In preparing this certification, I have relied on the word count of the word processing system used to prepare this affidavit. Dated: New York, New York June 14, 2022 /s/ Amy D. Carlin Amy D. Carlin 19 19 of 19 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 72 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 Exhibit (to Joseph Pistilli Affidavit) A FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 72 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 LOAN DOCUMENTS Mortgage Note from Bridge Associates of Soho, Inc. to First Central Savings Bank dated January 9, 2003 in the principal face amount of $1,200,000 (the “2003 Note”). Mortgage from Bridge Associates of Soho, Inc. to First Central Savings Bank dated January 9, 2003 (the “2003 Mortgage”). The 2003 Mortgage was duly recorded on October 20, 2003 in the Office of the Register of New York County in CRFN#2003000429701. Assignment of Rents and Leases from Bridge Associates of Soho, Inc. to First Central Savings Bank dated January 9, 2003 (the “2003 Assignment of Rents”). The 2003 Assignment of Rents was duly recorded in the Office of the Register of the County of New York on October 20, 2003 at CRFN 2003000429703. Commercial Loan Guaranty from Adam D. Luckner and Susan J. Luckner to First Central Savings Bank dated January 9, 2003 (the “2003 Guaranty”). Guaranty Mortgage from Adam D. Luckner to First Central Savings Bank dated January 9, 2003 (the “2003 Woodmere Guaranty Mortgage”). Guaranty Mortgage from Adam D. Luckner and Susan J. Luckner to First Central Savings Bank dated January 9, 2003 (the “2003 Long Beach Guaranty Mortgage”). Mortgage Note from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 24, 2004 in the principal face amount of $4,416.97 (the “2004 Note”). Mortgage from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 24, 2004 (the “2004 Mortgage”). The 2004 Mortgage was duly recorded September 1, 2004 in the Office of the Register of New York County in CRFN#2004000548045. Substitute Mortgage Note from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 24, 2004 in the principal face amount of $1,188,000 (the “2004 Substitute Note”). Modification, Extension and Consolidation Agreement with Spreader Mortgage from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 24, 2004 (the “2004 Consolidation Agreement”). The 2004 Consolidation Agreement was duly recorded in the Office of the Register of the County of New York on September 1, 2004 at CRFN 2004000548046. Assignment of Rents and Leases from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 24, 2004 (the “2004 Assignment of Rents”). The 2004 Assignment of Rents was duly recorded in the Office of the Register of the County of New York on September 1, 2004 at CRFN 2004000548047. FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 72 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 Commercial Loan Guaranty from Adam D. Luckner and Susan J. Luckner to First Central Savings Bank dated May 24, 2004 (the “2004 Guaranty”). Guaranty Mortgage from Adam D. Luckner to First Central Savings Bank dated May 24, 2004 (the “2004 Woodmere Guaranty Mortgage”). Guaranty Mortgage from Adam D. Luckner and Susan J. Luckner to First Central Savings Bank dated May 24, 2004 (the “2004 Long Beach Guaranty Mortgage”). Mortgage Note from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 16, 2005 in the principal face amount of $423,415.27 (the “2005 Note”). Mortgage from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 16, 2005 (the “2005 Mortgage”). The 2005 Mortgage was duly recorded in the Office of the Register of the County of New York on June 3, 2005 at CRFN 2005000326591 and in the Nassau County Clerk’s Office on October 25, 2005 at Liber 29601, Page 321. Substituted Mortgage Note from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 16, 2005 in the principal face amount of $1,600,000 (the “2005 Substituted Note”). Consolidation, Modification and Extension Agreement from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 16, 2005 (the “2005 Consolidation Agreement”). The 2005 Consolidation Agreement was duly recorded in the Office of the Register of the County of New York on June 3, 2005 at CRFN 2005000326592 and in the Nassau County Clerk’s Office on October 25, 2005 at Liber 29601, Page 350. Guaranty from Adam D. Luckner and Midway Holdings Corp. to First Central Savings Bank dated May 24, 2004 (the “2004 Guaranty”). Collateral Assignment of Leases and Rents from Bridge Associates of Soho, Inc. to First Central Savings Bank dated May 16, 2005 (the “2005 Collateral Assignment). The 2005 Collateral Assignment was duly recorded in the Office of the Register of the County of New York on December 12, 2008 at CRFN 2008000474339. 2 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 73 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 Exhibit (to Joseph Pistilli Affidavit) B FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 73 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 73 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 73 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 73 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 73 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 73 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 74 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 Exhibit (to Joseph Pistilli Affidavit) C FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 74 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 74 178 RECEIVED NYSCEF: 06/14/2022 12/14/2022 FILED: NEW YORK COUNTY CLERK 06/14/2022 12/14/2022 04:49 06:03 PM INDEX NO. 602374/2009 NYSCEF DOC. NO. 74 178