On November 15, 2016 a
Motion-Secondary
was filed
involving a dispute between
Trojan Maritime Inc.,
and
Tpg Sixth Street Partners, Llc, F K A Tpg Special Situations Partners, Llc,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/30/2018 03:35 PM INDEX NO. 655978/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 03/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------- X
:
TROJAN MARITIME INC., : Index No.: 655978/2016
:
Plaintiff, : Motion Seq. No. 005
:
- against - :
:
:
TPG SIXTH STREET PARTNERS, LLC, f/k/a :
TPG SPECIAL SITUATIONS PARTNERS, LLC :
:
Defendant.
------------------------------------- x
AFFIDAVIT OF DANIEL LOUIS WANEK SUBMITTED IN SUPPORT OF
DEFENDANT TPG SIXTH STREET PARTNERS, LLC'S MOTION FOR SUMMARY
JUDGMENT
STATE OF CALIFORNIA )
) ss.:
COUNTY OF MARIN )
I,Daniel Louis Wanek, being duly sworn, depose and state as follows:
1. I am an Accountant at TPG Sixth Street Partners, LLC. I have held this position
since December 8, 2010.
2. I submit this Affidavit to correct my Affidavit, dated November 14, 2017, in
("TSSP" "Defendant"
support of Defendant TPG Sixth Street Partners, LLC's or "Defendant") motion for
summary judgment on the Amended Complaint and Defendant's Counterclaim pursuant to CPLR
3212 together with such other and further relief as this Court may deem just and proper (the
Affidavit"
"November 2017 Affidavit").
3. On the November 2017 Affidavit, I inadvertently included the charge of £23,862.50
evidenced by the April 30, 2015 invoice of Watson, Farley & Williams LLP. See, paragraph 12
1
1 of 3
FILED: NEW YORK COUNTY CLERK 03/30/2018 03:35 PM INDEX NO. 655978/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 03/30/2018
of the November 2017 Affidavit. Said invoice relates to RMK Maritime LLP but to a different
transaction, not to a transaction with Trojan Maritime Inc.
Dated: Mill Valley, California
March 30, 2018
Daniel Louis Wanek
Sworn to before me this
day of , 2018
Notary Public
A notary public or other officercompleting this
certificateverifiesonly the identityof the individual
who signed the document towhich thiscertificate
is attached, and not the truthfulness, accuracy, or
validityof thatdocument.
Slateof California
f4A
Countyof
Subscribedandswornto (or affirmed) beforemeon his
J0TN day ofMAP_CH , 20
by DANrEL LDut5 WANE E.
proved10 an|he basis f satisfacloryevidenceto be
Ihe per m(s) who a pe
b re
Ia I life rrioonssrli
ERICA Y. JOUBERT
NOTARYPUBUC - CAUFORNIA .
al ro COMMISSION * 2223901
MARIN COUNTY
My Comm.Exp.December3. 2021
.............................
2
2 of 3
FILED: NEW YORK COUNTY CLERK 03/30/2018 03:35 PM INDEX NO. 655978/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 03/30/2018
CERTIFICATE OF CONFORMITY
The undersigned does hereby certify that he isan attorney at law duly admitted to
practice in the State of New York and is a resident of San Francisco, in the Sate of California;
that he isa person duly qualified to make this certificate od conformity pursuant to Section 299-a
of the Real Property Law of the State of New York; that he isfully acquainted with the laws of
the State of New York pertaining to acknowledgement or proof of deeds of real property to be
recorded therein; that the foregoing acknowledgement by Daniel Louis Wanek named in the
forgoing instrument taken before Erica Y. Joubert, a notary in the State of California, was
taken in the manner prescribed by such laws of the State of California, being the State in which it
was taken; and that itduly conforms with such laws and is in all respects valid and effective in
such state.
Joshua P ,
Attorney at law for the State of New York
3 of 3
Document Filed Date
March 30, 2018
Case Filing Date
November 15, 2016
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 03/30/2018 03:35 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 03/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------- X : TROJAN MARITIME INC., : Index No.: 655978/2016 : Plaintiff, : Motion Seq. No. 005 : - against - : : : TPG SIXTH STREET PARTNERS, LLC, f/k/a : TPG SPECIAL SITUATIONS PARTNERS, LLC : : Defendant. ------------------------------------- x AFFIDAVIT OF DANIEL LOUIS WANEK SUBMITTED IN SUPPORT OF DEFENDANT TPG SIXTH STREET PARTNERS, LLC'S MOTION FOR SUMMARY JUDGMENT STATE OF CALIFORNIA ) ) ss.: COUNTY OF MARIN ) I,Daniel Louis Wanek, being duly sworn, depose and state as follows: 1. I am an Accountant at TPG Sixth Street Partners, LLC. I have held this position since December 8, 2010. 2. I submit this Affidavit to correct my Affidavit, dated November 14, 2017, in ("TSSP" "Defendant" support of Defendant TPG Sixth Street Partners, LLC's or "Defendant") motion for summary judgment on the Amended Complaint and Defendant's Counterclaim pursuant to CPLR 3212 together with such other and further relief as this Court may deem just and proper (the Affidavit" "November 2017 Affidavit"). 3. On the November 2017 Affidavit, I inadvertently included the charge of £23,862.50 evidenced by the April 30, 2015 invoice of Watson, Farley & Williams LLP. See, paragraph 12 1 1 of 3 FILED: NEW YORK COUNTY CLERK 03/30/2018 03:35 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 03/30/2018 of the November 2017 Affidavit. Said invoice relates to RMK Maritime LLP but to a different transaction, not to a transaction with Trojan Maritime Inc. Dated: Mill Valley, California March 30, 2018 Daniel Louis Wanek Sworn to before me this day of , 2018 Notary Public A notary public or other officercompleting this certificateverifiesonly the identityof the individual who signed the document towhich thiscertificate is attached, and not the truthfulness, accuracy, or validityof thatdocument. Slateof California f4A Countyof Subscribedandswornto (or affirmed) beforemeon his J0TN day ofMAP_CH , 20 by DANrEL LDut5 WANE E. proved10 an|he basis f satisfacloryevidenceto be Ihe per m(s) who a pe b re Ia I life rrioonssrli ERICA Y. JOUBERT NOTARYPUBUC - CAUFORNIA . al ro COMMISSION * 2223901 MARIN COUNTY My Comm.Exp.December3. 2021 ............................. 2 2 of 3 FILED: NEW YORK COUNTY CLERK 03/30/2018 03:35 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 03/30/2018 CERTIFICATE OF CONFORMITY The undersigned does hereby certify that he isan attorney at law duly admitted to practice in the State of New York and is a resident of San Francisco, in the Sate of California; that he isa person duly qualified to make this certificate od conformity pursuant to Section 299-a of the Real Property Law of the State of New York; that he isfully acquainted with the laws of the State of New York pertaining to acknowledgement or proof of deeds of real property to be recorded therein; that the foregoing acknowledgement by Daniel Louis Wanek named in the forgoing instrument taken before Erica Y. Joubert, a notary in the State of California, was taken in the manner prescribed by such laws of the State of California, being the State in which it was taken; and that itduly conforms with such laws and is in all respects valid and effective in such state. Joshua P , Attorney at law for the State of New York 3 of 3