Preview
FILED: ROCKLAND COUNTY CLERK 06/24/2023 12:12 AM INDEX NO. 030709/2023
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/24/2023
"G"
Exhibit
FILED: ROCKLAND COUNTY CLERK 06/24/2023 12:12 AM INDEX NO. 030709/2023
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/24/2023
Lena Paxos
From: Jeffrey DeVoesick
Sent: Monday, January 23, 2023 10:52 AM
To: Lena Paxos; Kristen Cavatassi
Cc: Jennifer Monacelli; Brian K. Condon
Subject: RE: Re: 300 Fairview Ave, Hudson, NY - Request for Proof of Escrow Fund
Attachments: FW: Escrow for TECs and SDNAs; Statement - FINAL executed.pdf
Closing fully
Lena,
Attached are the fully executed closing statement for the plaza sale along with a copy of the email with the final wire
adjustments for the $15,000 adjustments.
Per the last lease amendment with Beer World, the tenant was to take possession of the space on January 1, 2023. You
approved this amendment. Has tenant taken possession of the space?
The Tenant still wants the lease. I am being told by the leasing broker that the tenant needed access to the space to
take measurements of the interior for liquor authority approval and that your client has not allowed that to happen.
The liquor application has finally made its way to the front of the line and is in the process of being reviewed and
approved.
I have a call into the tenant's attorney and left him a message. I am anticipating speaking with him this afternoon and
will further followup further with you after.
Thanks.
Jeffrey F. DeVoesick
Licensed in New York, Florida and Ohio
jeff@morgdevo.com
MORGENSTERN www.morgdevo.com
Morgenstern DeVoesick PLLC
1080 Pittsford Victor Road
attomeys Pittsford, New York 14534
585-672-5500 PHONE
585-672-5599 FAX
The information contained in this communication is confidential, may be subject to the attorney-client privilege, and is intended only
for review and use by the addressee. It is the property of the sender. Unauthorized use, disclosure or copying of this communication
or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us
immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Alternatively, please
call the above-named sender at 585-672-5500.
BEWARE OF CYBER/WIRE TRANSFER FRAUD: Last minute phone calls or emails changing wire instructions or asking you to wire money
may be fraudulent. Our wiring information never changes. If you receive any phone call or email suggesting a different method of
providing funds, contact our office using a known reliable number. DO NOT use any phone numbers or e-mail addresses contained in
1
FILED: ROCKLAND COUNTY CLERK 06/24/2023 12:12 AM INDEX NO. 030709/2023
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/24/2023
any suspicious e-mail or phone call. If you have the slightest concern we strongly suggest that you contact our office and speak to the
individual attorney or paralegal handling your file to verbally confirm our wire instructions.
From: Lena Paxos
Sent: Friday, January 20, 2023 7:12 PM
To: Jeffrey DeVoesick ; Kristen Cavatassi
Cc: Jennifer Monacelli ; Brian K. Condon
Subject: RE: Re: 300 Fairview Ave, Hudson, NY - Request for Proof of Escrow Fund
Importance: High
Counsel,
In light of your failure to respond to any of our repeated requests for proof of the Escrow Fund and your
repeated and blatant failure to deliver the professional courtesy of a response and/or explanation to the
same, my office is left with no choice but to take the appropriate and necessary legal and ethical action
first thing Monday morning. Please accept this email as my formal notice of the same.
Please be guided accordingly.
Respectfully,
Lena E. Paxos, Esq.
CONDON
I \ XOS
55 Okl Turnpike Road
Suite 502 " Nanuct, NY 10954
Tel: 845.627.8500 x103
Fax: 845.627.8507
e-mail: Lena@CondonPaxos.com
website: mvw.CondonPaxos.com
CONFIDENTIALITY NOTE: THIS EMAIL AND ANY ATTACHMENTS THERETO ARE CONFIDENTIAL AND MAY BE PROTECTED BY LEGAL PRIVILEGE. IF YOU
ARE NOT THE INTENDED RECIPIENT, BE AWARE THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR USE OF THIS EMAIL OR ANY ATTACHMENT IS
PROHIBITED. IF YOU HAVE RECEIVED THIS EMAll IN ERROR, PLEASE NOTlFY US IMMEDIATELY BY RETURNING IT TO THE SENDER AND DELETE THIS
COPY FROM YOUR SYSTEM. THANK YOU FOR YOUR COOPERATION.
IMPORTANT: NEVER WIRE FUNDS TO THIS OR ANY OFFICE WITHOUT VERBAL VERIFICATION. ALWAYS CALL THIS OFFICE
BEFORE YOU WIRE. YOU MUST VERBALLY VERIFY THE AMOUNT AND THE WIRING INSTRUCTIONS BEFORE YOU WIRE!
From: Lena Paxos
Sent: Friday, January 20, 2023 12:00 PM
To: Jeffrey DeVoesick ; Kristen Cavatassi
Cc: Jennifer Monacelli ; Brian K. Condon
Subject: RE: Re: 300 Fairview Ave, Hudson, NY - Request for Proof of Escrow Fund
Importance: High
Mr. DeVoesick,
We are still waiting on your response from yesterday. Please advise.
Respectfully,
2
FILED: ROCKLAND COUNTY CLERK 06/24/2023 12:12 AM INDEX NO. 030709/2023
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/24/2023
Lena E. Paxos, Esq.
CONDON
, 3PAXOS
55 Old Turnpike Road
Suite 502 - Nanuet, NY 10954
Tel: 845.627.8500 x103
Fax: 845.627.8507
e-mail: Lena@CondonPaxos.com
website: mnv.CondonPaxos.com
CONFIDENTIAUTY NOTE: THIS EMAIL AND ANY ATTACHMENTS THERETO ARE CONFIDENTIAL AND MAY BE PROTECTED BY LEGAL PRIVILEGE. IF YOU
ARE NOT THE INTENDED RECIPIENT, BE AWARE THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR USE OF THIS EMAIL OR ANY ATTACHMENT IS
PROHIBITED. IF YOU HAVE RECEIVED THIS EMAIL IN ERROR, PLEASENOTIFY US IMMEDIATELY BY RETURNING IT TO THE SENDERAND DELETE THIS
COPY FROM YOUR SYSTEM. THANK YOU FOR YOUR COOPERATION.
IMPORTANT: NEVER WIRE FUNDS TO THIS OR ANY OFFICEWITHOUT VERBAL VERIFICATION. ALWAYS CALL THIS OFFICE
BEFORE YOU WIRE. YOU MUST VERBALLY VERIFY THE AMOUNT AND THE WIRING INSTRUCTIONS BEFORE YOU WIRE!
From: Jeffrey DeVoesick
Sent: Thursday, January 19, 2023 2:37 PM
To: Lena Paxos ; Kristen Cavatassi
Cc: Jennifer Monacelli ; Brian K. Condon
Subject: RE: Re: 300 Fairview Ave, Hudson, NY - Request for Proof of Escrow Fund
Lena,
I will respond later today.
Jeff
From: Lena Paxos
Sent: Thursday, January 19, 2023 2:22 PM
To: Jeffrey DeVoesick ; Kristen Cavatassi
Cc: Jennifer Monacelli ; Brian K. Condon
Subject: RE: Re: 300 Fairview Ave, Hudson, NY - Request for Proof of Escrow Fund
Importance: High
Counsel,
I have reached out to your office multiple times regarding the ongoing issues with the Beer World lease.
Most recent email correspondence is from Tuesday and Thursday of this week. Yet, I have not received
the courtesy of a response. In accordance with the Purchase and Sale agreement and as outlined in my
email, below, we requested immediate proof of the Escrow Fund.
As it stands right now, the contingency period has expired and all contingencies have not been cleared,
satisfied, waived or removed. As such, in accordance with the purchase and sale agreement, my client is
entitled to the full Escrow Fund.
This is a matter that requires immediate attention. We are, again, respectfully demanding proof of Escrow
Fund.
Respectfully,
3
FILED: ROCKLAND COUNTY CLERK 06/24/2023 12:12 AM INDEX NO. 030709/2023
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/24/2023
Lena E. Paxos, Esq.
CONDON
3 l\ XOS
55 Olcl Turnpike Road
Suite 502 " Nanuct, NY 10954
Tel: 845.627.8500 x103
Fax: 845.627.8507
e-mail: Lena@ConclonPaxos.com
website:mnv.ConclonPaxos.com
CONFIDENTIALITY NOTE: THIS EMAIL AND ANY ATTACHMENTS THERETO ARE CONFIDENTIAL AND MAY BE PROTECTED BY LEGAL PRIVILEGE. IF YOU
ARE NOT THE INTENDED RECIPIENT, BE AWARE THAT ANY DISCLOSURE, COPYlNG, DISTRIBUTION OR USE OF THIS EMAIL OR ANY ATTACHMENT IS
PROHIBITED. IF YOU HAVE RECElVED THIS EMAll IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURNING IT TO THE SENDER AND DELETE THIS
COPY FROM YOUR SYSTEM. THANK YOU FOR YOUR COOPERATION.
IMPORTANT: NEVER WIRE FUNDS TO THIS OR ANY OFFICE WITHOUT VERBAL VERIFICATION. ALWAYS CALL THIS OFFICE
BEFORE YOU WIRE, YOU MUST VERBALLY VERIFY THE AMOUNT AND THE WIRING INSTRUCTIONS BEFORE YOU WIRE!
From: Lena Paxos
Sent: Wednesday, January 18, 2023 4:28 PM
To: jeff@morgdevo.com; Kristen Cavatassi
Cc: Jennifer Monacelli ; Brian K. Condon
Subject: Re: 300 Fairview Ave, Hudson, NY - Request for Proof of Escrow Fund
Importance: High
Good Afternoon,
Pursuant to Paragraph 2, in pertinent part, of the PurChase and Sale agreement between
Greenport/Hudson Associates, LLC and KPL Green LLC for 300 Fairview Avenue, Hudson, NY:
"At Closing, $578,910.00 of the Purchase Price shall be escrowed (the "Escrow Fund") with Seller's attorneys
as Escrow Agent (Escrow Fund")... Seller represents that the NOI of $536,290, set forth below, is based upon the
final execution and removal of contingencies of the Beer Lease the 17,000 +/- square feet space...The
regarding
respective parties have agreed that as the end date of several contingencies set forth in the Beer Lease (including, but
not limited to, the liquor license contingencies) may exceed the anticipated Closing Date, the Escrow Agent for the
Premises shall continue to hold the Escrow Fund until such date as the Beer Lease is executed and all contingencies
canceled."
are cleared, satisfied, waived or removed or the Beer Lease is
In light of the recent developments with Beer Lease, please provide immediate proof of the Escrow Fund.
Thank you for your urgent attention to this matter.
Respectfully,
Lena E. Paxos, Esq.
CONDON
) I XOS
55 Old Turnpike Road
Suite502 ·
Nanuct, NY 10954
Tel: 845.627.8500 x103
Fax: 845.627.8507
e-mail: Lena@CondonPaxos.com
4
FILED: ROCKLAND COUNTY CLERK 06/24/2023 12:12 AM INDEX NO. 030709/2023
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/24/2023
website: umv.CondonPaxos.com
CONFIDENTIALITY NOTE: THIS EMAIL AND ANY ATTACHMENTS THERETO ARE CONFIDENTIAL AND MAY BE PROTECTED BY LEGAL PRIVILEGE. IF YOU
ARE NOT THE INTENDED RECIPIENT, BE AWARE THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR USE OF THIS EMAIL OR ANY ATTACHMENT IS
PROHIBITED. IF YOU HAVE RECElVED THIS EMAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURNING IT TO THE SENDER AND DELETETHIS
COPY FROM YOUR SYSTEM. THANK YOU FOR YOUR COOPERATION.
IMPORTANT: NEVER WIRE FUNDS TO THIS OR ANY OFFICE WITHOUT VERBAL VERIFICATION. ALWAYS CALL THIS OFFICE
BEFORE YOU WIRE. YOU MUST VERBALLY VERIFY THE AMOUNT AND THE WIRING INSTRUCTIONS BEFORE YOU WIRE!
5
FILED: ROCKLAND COUNTY CLERK 06/24/2023 12:12 AM INDEX NO. 030709/2023
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 06/24/2023