On June 28, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
People Of The State Of New York, By Letitia James, Attorney General Of The State Of New York,
and
Abraham Operations Associates Llc Dba Beth Abraham Center For Rehabilitation And Nursing,
Aharon Lantzitsky,
Amir Abramchik,
Aron Gittleson,
Beth Rozenberg,
Bis Funding Capital Llc,
Centers For Care Llc Dba Centers Health Care,
Cfsc Downstate Llc,
Daryl Hagler,
David Greenberg,
Delaware Operations Associates Llc Dba Buffalo Center For Rehabilitation And Nursing,
Delaware Real Property Associates Llc,
Elliot Kahan,
Hollis Operating Co Llc Dba Holliswood Center For Rehabilitation And Healthcare,
Hollis Real Estate Co Llc,
Jeffrey Sicklick,
Jonathan Hagler,
Kenneth Rozenberg,
Leo Lerner,
Light Property Holdings Ii Associates Llc,
Mordechai Moti Hellman,
Reuven Kaufman,
Schnur Operations Associates Llc Dba Martine Center For Rehabilitation And Nursing,
Skilled Staffing Llc,
Sol Blumenfeld,
for Commercial - Other - Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 06/28/2023
PETTIGREW EXHIBIT 126
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 06/28/2023
PROMISSORY NOTE
Bronx, New York
$5,030,448.60 December 31, 2019
FOR VALUE RECEIVED, the undersigned, CBO Lending (the "Maker"), hereby
promises to pay to the order of Hollis Operating Co, LLC ("Note Holder"), the principal sum of
$5,030,448.6 0 as hereinafter set forth,
The undersigned shall pay the Note Holder principal until the principal sum due
hereunder shall be paid in full.
Repayment of principal shall not be required prior to January 1, 2021.
If the undersigned, at any time while this Note shall remain unpaid, shall consolidate, merge,
dissolve, liquidate or wind up its affairs, then any of the same shall be an event of default under this
Note entitling Note Holder to exercise such remedies as set forth hereinafter.
In addition to the foregoing events of default, upon the failure to pay the sums of money
due under this Promissory Note (principal or interest), which default shall remain uncured for a
period of ten (10) days, or the appointment of a receiver of the property, rights, credits, assets or
any part thereof, of the
undersigned, or the filing of a petition by or against the undersigned for
relief under any bankruptcy or insolvency law, or an assignment of all the undersigneds assets for
the benefit of creditors, or the failure by the undersigned to fulfill any of it's obligations to Note
Holder howsoever arising under this Promissory Note, the Note Holder may without exclusion or
limitation:
(1) Declare all sums owing Note Holder from the undersigned hereunder to be
forthwith due and payable; and
(2) Collect all reasonable expenses incurred by Note Holder in connection with the
collection of this Note, including but not limited to reasonable attorney's fees.
Note Holder shall not, act, delay,
by any omission or otherwise be deemed to have waived
any of his rights or remedies hereunderand no waiver by the Note Holder of his rights or remedies
hereunder shall be valid against Note Holder unless in writing, signed by Note Holder, and then
only to the extent therein set forth. The waiver by the Note Holder of any right or remedy hereunder
upon any one occasion shall not be construed as a bar to any right or remedy which he would
otherwise have had on any future occasion.
The undersigned shall have the right to make prepayments, in whole or in part, of this Note
without premium or penalty and from time to time after the date hereof. All prepayments shall be
applied first against accrued interest then against principal.
The undersigned waives presentment for protest and notice for non-
hereby payment,
payment of this Note as well as all other notices or demands as may be otherwise required
by law
from time to time in connection with the delivery, acceptance, performance, default, endorsement
or payment of this Note, The undersigned represents and warrants that this Note is legally binding
upon the undersigned and all corporate requirements have been satisfied prior to the execution and
delivery hereof,
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 06/28/2023
Notwithstanding anything contained elsewhere herein to the contrary, Note Holder shall
not have the right to assign all or any portion of this Note without the consent of the undersigned.
This Note shall in be governed by and construed in accordance with the laws of the State
of New York, without regard to conflicts of law.
IN WITNESS WHEREOF, Maker has executed this Promissory Note as of the day and
year first above written.
Maker:
Daryl Hagler, Member
Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 06/28/2023 PETTIGREW EXHIBIT 126 FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 06/28/2023 PROMISSORY NOTE Bronx, New York $5,030,448.60 December 31, 2019 FOR VALUE RECEIVED, the undersigned, CBO Lending (the "Maker"), hereby promises to pay to the order of Hollis Operating Co, LLC ("Note Holder"), the principal sum of $5,030,448.6 0 as hereinafter set forth, The undersigned shall pay the Note Holder principal until the principal sum due hereunder shall be paid in full. Repayment of principal shall not be required prior to January 1, 2021. If the undersigned, at any time while this Note shall remain unpaid, shall consolidate, merge, dissolve, liquidate or wind up its affairs, then any of the same shall be an event of default under this Note entitling Note Holder to exercise such remedies as set forth hereinafter. In addition to the foregoing events of default, upon the failure to pay the sums of money due under this Promissory Note (principal or interest), which default shall remain uncured for a period of ten (10) days, or the appointment of a receiver of the property, rights, credits, assets or any part thereof, of the undersigned, or the filing of a petition by or against the undersigned for relief under any bankruptcy or insolvency law, or an assignment of all the undersigneds assets for the benefit of creditors, or the failure by the undersigned to fulfill any of it's obligations to Note Holder howsoever arising under this Promissory Note, the Note Holder may without exclusion or limitation: (1) Declare all sums owing Note Holder from the undersigned hereunder to be forthwith due and payable; and (2) Collect all reasonable expenses incurred by Note Holder in connection with the collection of this Note, including but not limited to reasonable attorney's fees. Note Holder shall not, act, delay, by any omission or otherwise be deemed to have waived any of his rights or remedies hereunderand no waiver by the Note Holder of his rights or remedies hereunder shall be valid against Note Holder unless in writing, signed by Note Holder, and then only to the extent therein set forth. The waiver by the Note Holder of any right or remedy hereunder upon any one occasion shall not be construed as a bar to any right or remedy which he would otherwise have had on any future occasion. The undersigned shall have the right to make prepayments, in whole or in part, of this Note without premium or penalty and from time to time after the date hereof. All prepayments shall be applied first against accrued interest then against principal. The undersigned waives presentment for protest and notice for non- hereby payment, payment of this Note as well as all other notices or demands as may be otherwise required by law from time to time in connection with the delivery, acceptance, performance, default, endorsement or payment of this Note, The undersigned represents and warrants that this Note is legally binding upon the undersigned and all corporate requirements have been satisfied prior to the execution and delivery hereof, FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 562 RECEIVED NYSCEF: 06/28/2023 Notwithstanding anything contained elsewhere herein to the contrary, Note Holder shall not have the right to assign all or any portion of this Note without the consent of the undersigned. This Note shall in be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law. IN WITNESS WHEREOF, Maker has executed this Promissory Note as of the day and year first above written. Maker: Daryl Hagler, Member