On December 13, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Fifth Partners Llc,
and
Joseph W. Foley,
Nada Vasilijevic,
Punch House Flatiron Llc,
for Real Property - Other (Breach of Lease)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 05/04/2023 12:24 PM INDEX NO. 161105/2021
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 05/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------x
FIFTH PARTNERS LLC, Index No.: 161105/2021
Plaintiff,
-against- AFFIDAVIT IN SUPPORT OF
Reconsideration SUMMARY
JUDGMENT
PUNCH HOUSE FLATIRON LLC, JOSEPH W.
FOLEY and NADA VASILIJEVIC,
Defendants.
--------------------------------------------------------------------x
State of New York )
) ss.:
County of New York )
Nada Foley, being duly sworn, deposes and states under the penalty of perjury:
1. I am a member of defendant Punch House Flatiron LLC, and one of the guarantors and as
such I am fully familiar with all the facts and circumstances set forth below. I respectfully submit this
affidavit in support for the reconsideration of summary judgement.
2. I was present at the lease signing and I can attest to the fact that dates were specifically
stated with regard to the finishing of the storefront by July 15th 2021. Vijay Mehra and Joseph Foley were
in discussion of several topics of the lease as well chatting about family and real estate. It was a
comfortable environment, where it was simply two family business trying to get back to business after
pandemic.
3. I was attest that Vijay did in fact call over Saq with their secretary present, when my
husband asked about the storefront. Saq hesitate, but Vijay directly stated that it should be before July 15
2021. Saq agreed immediately. While Saq was present, I specifically ask about the scaffolding in place and
when would it be removed. Saq said the last week of August or first week of September. Maybe specific
dates on completion were not given, but when they would be finished.
4. On these discussions, Joseph and I stated would only signed based on these timelines.
5. After we signed, Joseph asked when can we have access. Vijay said they were under
construction, but we could have deliveries until they were completed. Joseph did go to the space several
times but reprimanded by their building manager from coming and going from the space. He was allowed
FILED: NEW YORK COUNTY CLERK 05/04/2023 12:24 PM INDEX NO. 161105/2021
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 05/04/2023
to be in the space, but not during construciton, and when he was allowed, there was no work allowed to be
done. It seems obvious we were not given full possession of the premise.
6. In short, the real victim is us. We lost money and time, lost our investment, and future
revenue, as well as opportunity for another location with a better landlord. We were in negotiations with
other spaces, during this time. Most importantly, we lost the opportunity to take the subject premise. We
lost instructors and clients. However, the landlord benefited from our renovations and leased out the space
within a couple month of re-listing it. They did infact rent it at a higher price and a longer term. We are
seeking compensations for reimbursement of the costs for renovations. We are also seeking damages
related to lost opportunity and future revenue.
WHEREFORE, the defendants demand judgment dismissing the complaint in its entirety,
declaring the lease entered be rescinded and canceled, awarding damages to be determined by trial on the
counterclaim, awarding the defendant with reasonable attorney fees, cost, fees and disbursements, and for
such other and further relief as the court deems just and proper.
Dated: New York, New York
June 30, 2022
___________________________________
Nada Vasilijevic
2
Document Filed Date
May 04, 2023
Case Filing Date
December 13, 2021
Category
Real Property - Other (Breach of Lease)
Status
Disposed-Court Date/Application Pending
For full print and download access, please subscribe at https://www.trellis.law/.