On February 22, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Board Of Managers Of 570 Broome Condominium,
and
Agime Group, Llc,
Erden M Arkan,
Erman Agirnasli,
Hilmi Ulgur Aydin,
Jane Doe
Nos. 1 Through 10,
John Doe
Nos. 1 Through 10,
Murat Agirnasli,
Selim Akyuz,
Soho Broome Condos Llc,
Ync Equity Partners Llc,
for Commercial - Contract
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 12/26/2023 02:43 PM INDEX NO. 650950/2023
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
BOARD OF MANAGERS OF 570 BROOME
CONDOMINIUM,
Index No. 650950/2023
Plaintiff,
-against- NOTICE OF MOTION TO
COMPEL SPONSOR
SOHO BROOME CONDOS LLC, YNC EQUITY DEFENDANTS TO APPEAR FOR
PARTNERS LLC, MURAT AGIRNASLI, ERDEN DEPOSITIONS AND/OR STRIKE
M. ARKAN, SELIM AKYUZ, HILMI ULGUR SPONSOR DEFENDANTS’
AYDIN, ERMAN AGIRNASLI, AGIME GROUP ANSWER AND/OR PRECLUDE
LLC, “JOHN DOE” Nos. 1 through 10, and “JANE
DOE” Nos. 1 through 10, said names being fictitious
and unknown to plaintiff but intending to be the
recipients of any voidable transactions made by
SOHO BROOME CONDOS LLC,
Defendants.
PLEASE TAKE NOTICE that, upon the annexed affirmation of Jared E. Paioff dated
December 22, 2023, and the exhibits attached thereto, and all pleadings and proceedings heretofore
had herein, plaintiff Board of Managers of 570 Broome Condominium will move this Court, at the
Courthouse, located at 60 Centre Street, Room 130, New York on January 22, 2024 at 9:30 a.m., or
as soon thereafter as counsel may be heard, for an order:
(i) Pursuant to CPLR § 3124, compelling defendants SOHO BROOME
CONDOS LLC, MURAT AGIRNASLI, ERDEN M. ARKAN, SELIM AKYUZ, HILMI ULGUR
AYDIN, and ERMAN AGIRNASLI, (collectively, the “Sponsor Defendants”) to appear for
depositions as ordered by this Court on October 4, 2023; and/or
(ii) Pursuant to CPLR § 3126, dismissing and/or striking the answer of Sponsor
Defendants; and/or
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FILED: NEW YORK COUNTY CLERK 12/26/2023 02:43 PM INDEX NO. 650950/2023
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/26/2023
(iii) Precluding Sponsor Defendants from offering any evidence in support of their
defenses pursuant to CPLR § 3126[2]; and
(iv) Granting plaintiff such other and further relief as this Court deems just,
proper, and equitable.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b),
answering papers, if any, must be served at least seven (7) days prior to the return date of this
motion.
Dated: New York, New York
December 26, 2023
SCHWARTZ SLADKUS REICH
GREENBERG ATLAS LLP
Attorneys for Plaintiff
By: _/s/ Jared E. Paioff ______________
Jared E. Paioff
P. Parker Procida
444 Madison Avenue, 6th Floor
New York, New York 10022
(212) 743-7000
TO: All counsel of record (By NYSCEF)
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FILED: NEW YORK COUNTY CLERK 12/26/2023 02:43 PM INDEX NO. 650950/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BOARD OF MANAGERS OF 570 BROOME CONDOMINIUM, Index No. 650950/2023 Plaintiff, -against- NOTICE OF MOTION TO COMPEL SPONSOR SOHO BROOME CONDOS LLC, YNC EQUITY DEFENDANTS TO APPEAR FOR PARTNERS LLC, MURAT AGIRNASLI, ERDEN DEPOSITIONS AND/OR STRIKE M. ARKAN, SELIM AKYUZ, HILMI ULGUR SPONSOR DEFENDANTS’ AYDIN, ERMAN AGIRNASLI, AGIME GROUP ANSWER AND/OR PRECLUDE LLC, “JOHN DOE” Nos. 1 through 10, and “JANE DOE” Nos. 1 through 10, said names being fictitious and unknown to plaintiff but intending to be the recipients of any voidable transactions made by SOHO BROOME CONDOS LLC, Defendants. PLEASE TAKE NOTICE that, upon the annexed affirmation of Jared E. Paioff dated December 22, 2023, and the exhibits attached thereto, and all pleadings and proceedings heretofore had herein, plaintiff Board of Managers of 570 Broome Condominium will move this Court, at the Courthouse, located at 60 Centre Street, Room 130, New York on January 22, 2024 at 9:30 a.m., or as soon thereafter as counsel may be heard, for an order: (i) Pursuant to CPLR § 3124, compelling defendants SOHO BROOME CONDOS LLC, MURAT AGIRNASLI, ERDEN M. ARKAN, SELIM AKYUZ, HILMI ULGUR AYDIN, and ERMAN AGIRNASLI, (collectively, the “Sponsor Defendants”) to appear for depositions as ordered by this Court on October 4, 2023; and/or (ii) Pursuant to CPLR § 3126, dismissing and/or striking the answer of Sponsor Defendants; and/or 1 of 2 FILED: NEW YORK COUNTY CLERK 12/26/2023 02:43 PM INDEX NO. 650950/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/26/2023 (iii) Precluding Sponsor Defendants from offering any evidence in support of their defenses pursuant to CPLR § 3126[2]; and (iv) Granting plaintiff such other and further relief as this Court deems just, proper, and equitable. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers, if any, must be served at least seven (7) days prior to the return date of this motion. Dated: New York, New York December 26, 2023 SCHWARTZ SLADKUS REICH GREENBERG ATLAS LLP Attorneys for Plaintiff By: _/s/ Jared E. Paioff ______________ Jared E. Paioff P. Parker Procida 444 Madison Avenue, 6th Floor New York, New York 10022 (212) 743-7000 TO: All counsel of record (By NYSCEF) 2 2 of 2