On January 11, 2019 a Exhibit,Appendix was filed involving a dispute between Michael Knopf, Norma Knopf, and Dorsey & Whitney, Llp, Edward S. Feldman, Frank M. Esposito, Michael Hayden Sanford, Nathaniel H. Akerman, Sp Voyager Fund, Llc, for Torts - Other (Fraud;Judiciary L. 487) in the District Court of New York County.
April 02, 2023
January 11, 2019
Torts - Other (Fraud;Judiciary L. 487)
Active
AKERMAN, NATHANIEL H. Attorney for the Defendant
AKERMAN, NATHANIEL H. Attorney for the Defendants
BADARACCO, ANTHONY PETER Attorney for the Defendant
BADARACCO, ANTHONY PETER Attorney for the Defendants
Berry, Eric Attorney for the Plaintiff
Dorsey & Whitney, LLP Defendant
DROOYAN, KATHERINE JANNA Attorney for the Defendant
Edward S. Feldman Defendant
ESPOSITO, FRANK MICHAEL Attorney for the Defendant
ESPOSITO, FRANK MICHAEL Attorney for the Defendants
FELDMAN, EDWARD S Attorney for the Defendant
FELDMAN, EDWARD S Attorney for the Defendants
Frank M. Esposito Defendant
GREENBERG, GARY H Attorney for the Plaintiff
HATCH, JONATHAN H Attorney for the Defendants
Michael Hayden Sanford Defendant
Michael H Sanford MR. Non Party
Michael Knopf Plaintiff
Nathaniel H. Akerman Defendant
Norma Knopf Plaintiff
Sanford, Michael Hayden Attorney for the Defendants
SPIRO, EDWARD MARK Attorney for the Defendant
SP Voyager Fund, LLC Defendant
VITALE, MARY GRACE Attorney for the Defendant
WARDER, FREDERICK B Attorney for the Defendants
KATHLEEN MARREN Attorney
MICHAEL SCHOENBERG Attorney
PETER LANE Attorneys for Plaintiffs
ADAM HANAN Attorney
LORRAINE NADEL Attorney
DIANA MALAVE Attorney
DAVID SCHRADER Attorney
ROMAN BEJGER Attorney
Lauren Goldman Attorney
DEBORAH PIAZZA Attorney
SCOTT MARKOWITZ Attorney
EDWARD STEWART Attorney
JAMES MCMAHON Attorney
MARK CHERTOK Attorney
TRACY BURNETT Attorney
LORI BRAVERMAN Attorney
PETER KATZ Attorney
MIRIAM SPIRO Attorney
DAVID MOSS Attorney
JAMES PRESTIANO Attorney
HARRIS FREIDUS Attorney
DANIEL OSBORN Attorney
MICHAEL BROWNSTEIN Attorney
JOSEPH PAYKIN Attorney
CHARLES KRIEG Attorney
ANDREW BLUESTONE Attorney
CYRUS VANCE Attorney
STEVE PILNYAK Attorney
DANIEL PASSESER Attorney
PATRICIA BAILEY Attorney
AARON GINANDES Attorney
PAUL MALON Attorney
VALERIE PHILLIPS Attorney
WILLIAM BERRY Attorneys for Plaintiffs
DANIEL GOLDBERG Attorneys for Defendants
KAREN SEBASKI Attorneys for Defendants
PAUL SCHWARTZBERG Attorney
TODD DUFFY Attorney
SANDRA FELDMAN Attorney
MELISSA RINGEL Attorney
CAROL HAMM Attorney
David Tennant Attorney
STEPHEN MEISTER Attorneys for Defendants
JAMES MCGUIRE Attorney
LAURIE LEVIN Attorney
Daniel Horwitz Attorney
GERALD LEBOVITS Attorney
GARY MENNITT Attorneys for Defendants
JERRY MONTAG Attorneys for Plaintiffs
GERSHON AKERMAN Attorney
HOWARD BENJAMIN Attorney
FRANK MAFFEI Attorney
JEREMY HAVENS Attorney
VINCENT ESPOSITO Attorney
SETH FELDMAN Attorney
ERIC WRIGHT Attorney
PAUL SHECHTMAN Attorney
MICHAEL GILBERT Attorney
MACAILAGH HERMAN Attorney
LEO ESSES Attorney
DEREK JOHNSON Attorneys for Plaintiffs
MICHAEL CIARLO Attorney
MARTIN FISHMAN Attorney
MARK SHAWHAN Attorney
SALLY FELDMAN Attorney
GARY CHEN Attorney
MICHAEL SIRKIN Attorney
ERROL MARGOLIN Attorney
JAMES JOHNSTON Attorney
ILENE BERKOWITZ Attorney
MICHELLE CURTIS Attorney
JACK LAZARUS Attorney
ALAN GOLDBERG Attorney
JIMMY WAGNER Attorney
VIVIENNE GILBERT Attorney
SAMUEL FELDMAN Attorney
BEN KINZLER Attorney
GUY PETRILLO Attorney
DANIEL GOLDMAN Attorney
RICHARD SILBERBERG Attorneys for Plaintiffs
DAVIN GOLDMAN Attorney
Jeffrey Recher Attorney
JONATHAN HERMAN Attorneys for Defendants
RICHARD ALBERT Attorney
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FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 Exhibit 7 FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 Ex. 7 - Complaint, Knopf v. Sanford, Sept. 17, 2009 COMPLAINT Defendants. Plaintiffs, by their attorneys, Paykin Krieg & Adams LLP, their Complaint the defendants, allege as follows: FIRST CAUSE OF ACTION BREACH OF CONTRACT L 1s a IIEWVOAI COUNTY CLERK'S OffiCE 1 NOT COMPARED ¥11TH COPV AlB) P's Ex. 419 FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 I an 5. a 6. principal place of business located at I 0 .LI\.AiHJI York, 10014. During all relevant times herein, defendant Sanford was member of Sanford Partners. 7. Defendant MH Sanford & LLC ("MHS") upon information and belief, a limited liability company organized and under of the with place of business located at 10 Bedford York, New York 10014. During aU relevant times herein, defendant Sanford was the sole member of MHS. 8. Defendant Wyndclyffe, LLC ("Wyndclyffe") upon information belief, a a FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 amount to on I. ll. a m amount $1 a of which is aru1e~~ea hereto as Exhibit entire principal sum was due and payable on or about 12. Note II provided among the proceeds such loan were to be utilized to purchase a condominium Street, Apartment Number PHC, New York, York for the loan, Pursuit would provide the Payees with a on would provide additional collateral for Note II by granting an equity interest in his ownership of a property located at 25 Wyndclyffe Court, Rhinebeck, 13. On February 9, a as Exhibit FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 • 15. 31, m note Exhibit 4) m amount at 10 16. total current ma~eot1ean.ess to the Knopfs of UJ.J •. V~'''· defendant Sanford would grant Knopfs a mortgage on 10 Bedford and an interest in the Wyndclyffe Property as additional collateral the loan. 17. Despite due demand, Sanford and Pursuit failed to make any payments of interest or principal on Note III. 18. On or about May 30, 2006, defendant Sanford, on behalf of himself, Sanford Partners and MHS executed a memorandum understanding ("MOU," a copy of IS as Exhibit 5) Pursuant to the terms the of a line, favor of rate FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 to I, 2L on amount SECOND CAUSE OF ACTION BREACH OF CONTRACT allegations contained in paragraphs "I" through 1" above as if fully set forth as follows. 23. On or about December 1, 2000, MHS, as manager, established the UIM Voyager Fund LP (the "Fund") as a limited partnership under the laws of the state of Delaware, with Ulysses Investment Management, as general partner ("Ulysses"). Upon information and belief, defendant MHS was sometime a an amount to were excess FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 • a IV as assets 27. demand Sanford, Sanford Partners and failed to payments interest or principal on Note V. 28. By reason of the Sanford, Sanford Partners and MHS's default on Note a judgment should amount ofNote V, plus interest. THIRD CAUSE OF ACTION BREACH OF FIDUCIARY DUTY Plaintiffs and through as as follows. to FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 managers the a to them manager any appreciation in PHC and 10 Bedford, upon renovation and of the properties, to the Fund and Knopfs, as investors in the Fund, as part of their responsibilities as manager of their Initial Investment. 35. Notwithstanding defendant Pursuit's ownership interest in PHC and 10 Bedford, any or retained value are to Fund and the Plaintiffs. Notwithstanding Wyndclyffe LLC's ownership interest in the Wynddyffe and pursuant to terms of the the value of any equity the to MHS FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 an amount FOURTH CAUSE OF ACTION 4!. to the terms the and 10 LJ'V'JiV"'U Fund. 42. When PHC and l 0 Bedford were purchased the properties were put in the name defendant Sanford individually. Sanford promised. to transfer the properties to the Fund or the Knopfs at some date. 44. Thereafter, on or about March, 2006, the Knopfs contacted defendant Sanford and demanded that new for PHC and 10 Bedford be to reflect that the Fund or were to to or FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 on cause !. m to I amount $ per annum; lL m and 31, at rate 9% per annum; iii. in favor the Knopfs and Delphi and against defendants Sanford, Pursuit, and Wyndclyffe due to their default of in the amount of $3,250,000, plus interest from May 30, 2006, at a rate equal to 9%; and m the Knopfs and Delphi and against defendants Sanford, Sanford Partners and MHS, due to their default of Note IV in the amount of$300,000. On the and an amount amount to FILED: NEW YORK COUNTY CLERK 04/02/2023 08:26 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 941 RECEIVED NYSCEF: 04/02/2023 amount at and trust lO trust proper. PA YKIN KRIEG & ADAMS LLP eys for Plaintiffs 5 Madison A venue New York, New York 10016 (212) 725-4423