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  • Kpl Green Llc v. Greenport Hudson Associates Llc, Morgenstern Devoesick Pllc, Crazy Beer World IncCommercial - Contract document preview
  • Kpl Green Llc v. Greenport Hudson Associates Llc, Morgenstern Devoesick Pllc, Crazy Beer World IncCommercial - Contract document preview
  • Kpl Green Llc v. Greenport Hudson Associates Llc, Morgenstern Devoesick Pllc, Crazy Beer World IncCommercial - Contract document preview
  • Kpl Green Llc v. Greenport Hudson Associates Llc, Morgenstern Devoesick Pllc, Crazy Beer World IncCommercial - Contract document preview
  • Kpl Green Llc v. Greenport Hudson Associates Llc, Morgenstern Devoesick Pllc, Crazy Beer World IncCommercial - Contract document preview
  • Kpl Green Llc v. Greenport Hudson Associates Llc, Morgenstern Devoesick Pllc, Crazy Beer World IncCommercial - Contract document preview
  • Kpl Green Llc v. Greenport Hudson Associates Llc, Morgenstern Devoesick Pllc, Crazy Beer World IncCommercial - Contract document preview
  • Kpl Green Llc v. Greenport Hudson Associates Llc, Morgenstern Devoesick Pllc, Crazy Beer World IncCommercial - Contract document preview
						
                                

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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