Document for Wells Fargo Bank, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO WACHOVIA BANK NATIONAL ASSOCIATION v. 16th Street Regency, Llc, Nathan Hirsch A/K/A NATHAN HIRCH, Benjamin Mutzen, Wells Fargo National Bank, National Association SUCCESSOR BY MERGER TO WACHOVIA BANK, National Association, City Of New York By Environmental Control Board, City Of New York By Parking Violations Bureau, City Of New York By Transit Adjudication Bureau, Ace Installers DBA ACCURATE CUSTOM ENTRANCES, Builders Assistance Corp., Board Of Managers Of 198-210 16th Street Condominium, William Mcnutt, Jessica Akami, Negar Akami

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                                iD:                 OUN   NK   Yd   JS   =]   DV              INDEX   NO.   10493/2010
NYSCEF     BOC.   NO.   10                                  RECEIVED     NYSCEF:     08/15/2023




                                   EXHIBIT A
INDEX   NO.   10493/2010
NYSCEF   DOC.    NO.       10                                                                            RECEIVED     NYSCEF:     08/15/2023


    Esra Erman

    From:                                          Alexandra R. Heaney (x8035)
    Sent:                                          Monday, August 7, 2023 10:08 AM
    To:                                            Anthony Filosa
    Ce:                                            Esra Erman
    Subject:                                       RE: 10493/2010 || 16th Street Regency LLC - OSC 1130 AM 8.9.23


    Hi Anthony-

    Please disregard the OSC notice from the 8.3.23 email.

    The new notice is as follows: Plaintiff will be presenting an OSC on 8.9.23 at 1130 AM seeking a stay of the decision on
    your cross-motion.

    Thank you,

    Alexandra Heaney
    Senior Associate


           ross
           p        olowy
                 formed in the State of Delaware
    1775 Wehrle Drive, Suite 100
    Williamsville NY 14221
    Direct: 716 362 8035
    Fax:      716 650 3222
    al heane     rosspolowy.com


    From: Alexandra R. Heaney (x8035)
    Sent: Thursday, August 3, 2023 4:02 PM
    To: Anthony Filosa 
    Ce: Ashley Sheridan 
    Subject: RE: 10493/2010 | | 16th Street Regency LLC - Request for Adjournment

    Hello Mr. Filosa-

    Please note that Plaintiff will be bringing an OSC on Monday, August 7, 2023 to stay the determination of your cross-
    motion to dismiss the action.

    Thank you,

    Alexandra Heaney
    Senior Associate




         §pross
                    olowy
                 formed in the State of Delaware
INDEX   NO.   10493/2010
NYSCEF   DOC.   NO.     10                                                                     RECEIVED     NYSCEF:     08/15/2023
    1775 Wehrle Drive, Suite 100
    Williamsville NY 14221
    Direct: 716 362 8035
    Fax:      716 650 3222
    aheaney@grosspolowy.com


    From: Joseph      D. Etra [mailto:jetra@nycourts.gov]
    Sent: Thursday, August 3, 2023 3:40 PM
    To: Anthony Filosa ; Alexandra R. Heaney (x8035) 
    Ce: Ashley Sheridan 
    Subject: RE: 10493/2010 | | 16th Street Regency LLC - Request for Adjournment

    As it is not on consent, a motion to vacate will be required.

    From: Anthony Filosa 
    Sent: Thursday, August 3, 2023 3:36 PM
    To: Alexandra R. Heaney (x8035) ; Joseph D. Etra 
    Ce: Ashley Sheridan 
    Subject: RE: 10493/2010 | | 16th Street Regency LLC - Request for Adjournment

    Good afternoon,

    | represent defendants 16" Street Regency LLC, Benjamin Muntzen and Nathaniel Hirsh.

    Counsel stipulated to convert this matterto electronic filing on May 9, 2023 per the attached stipulation, and counsel
    advised the court of the same in our joint May 11, 2023 email (also attached).

    The case was created on NYSCEF by the Clerk on May 12, 2023 (see NYSCEF Doc. No. 1, indicating a “received” date of
    May 12, 2023) and Defendants’ cross-motion was efiled on June 16, 2023 (see NYSCEF Doc. No. 2).

    Defendants’ cross motion was marked submitted on July 31, 2023—and Plaintiff failed to appear at the motion calendar
    call.

    Under these circumstances, Defendants object to an email request of the Court to in essence vacate Plaintiff's default in
    opposing the cross-motion or in appearing at the July 31, 2023 motion hearing.

    Respectfully.



    Anthony R. Filosa, Esq.
    Partner
     ROSENBERG               FORTUNA         LAITMAN . LL?
    666 Old Country Road - Suite 810
    Garden City, New York 11530
    (516) 228-6666 (t)
    (516) 228-6672 (f)
    anthony@rosenbergfortuna.com
    www.rosenbergfortuna.com
INDEX   NO.   10493/2010
NYSCEF   DOC.    NO.       10                                                                               RECEIVED      NYSCEF:    08/15/2023

    From: Alexandra R. Heaney (x8035) 
    Sent: Thursday, August 3, 2023 3:24 PM
    To: Joseph D. Etra' 
    Ce: Anthony Filosa ; Ashley Sheridan 
    Subject: 10493/2010 | | 16th Street Regency LLC - Request for Adjournment

    Hello Mr. Etra-

    Gross Polowy was advised that a cross-motion was received on this matter. We would respectfully request an
    adjournment of the same as Plaintiff did not receive notice of the motion. When this matter was converted on the ECF
    system an email address was omitted for the Plaintiff. As such, we were never provided with notice of the motion or the
    fact that the matter was formally converted to the NYSCEF system.

    Defendant’s counsel is copied on this email.

    I have also attached the confirmation notice showing that Plaintiff did not receive notice of the motion.             Gross Polowy has
    since consented on this matter (as of 8.3.23) to receive notifications from the parties.

    Thank you,

    Alexandra Heaney
    Senior Associate




         §pross
                    olowy
                 formed in the State of Delaware

    1775 Wehrle Drive, Suite 100
    Williamsville NY 14221
    Direct: 716 362 8035
    Fax:      716 650 3222
    al heane     rosspolowy.com



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