Preview
FILED: ROCKLAND COUNTY CLERK 01/19/2024 11:09 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 01/19/2024
Exhibit “B”
FILED: ROCKLAND COUNTY CLERK 01/19/2024 11:09 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 01/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
________________________________________________________________Ç
KPL GREEN LLC, Index No. 030709/2023
Plaintiff,
-against- AFFIDAVIT OF
LENA E. PAXOS, ESQ. IN
GREENPORT/HUDSON ASSOCIATES LLC, OPPOSITION TO
DEFENDANTS'
MORGENSTERN DeVOESICK, PLLC, as Escrow JOINT
Agent, and CRAZY BEER WORLD, INC., MOTION TO
DISQUALIFY
Defendants.
_________________________________________________Ç
LENA E. PAXOS, ESQ., being duly sworn, deposes and says:
1. I am a member of CONDON PAXOS LLC.
Defendants'
2. I submit this Affidavit in Opposition to Joint Motion to Disqualify Brian K.
Condon, Esq. and CONDON PAXOS PLLC.
3. Except where expressly stated otherwise, I made this Affidavit based upon my personal
knowledge.
4. I, Lena E. Paxos, was the attorney of record and retained assigned counsel on the
underlying contract of sale between KPL Green LLC ("KPL") and
GREENPORT/HUDSON ASSOCIATES LLC ("GHA").
5. I was the attorney who, personally, negotiated and communicated with Morgenstern
DeVoesick PLLC ("MDP") and its members with respect to the contract of sale.
6. Brian K. Condon, Esq., ("Brian") was never the attorney of record nor assigned counsel
on the contract of sale.
7. Brian never had any independent verbal communications with GHA, MDP or its
members.
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FILED: ROCKLAND COUNTY CLERK 01/19/2024 11:09 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 01/19/2024
8. Brian never had any independent written communications with GHA, MDP or its
members.
9. Brian does not possess any separate, different or independent knowledge of the contract
of sale from me.
10. There is no basis, at this point in the litigation, nor any evidence proffered by Defendants
that my testimony would be necessary at trial.
11. However, as to the instant matter, KPL GREEN LLC v. GREENPORT/HUDSON
ASSOCIATES LLC, et. al., I am not the attorney of record.
12. I have never consented to nor entered an appearance on behalf of KPL.
13. I have never appeared in and/or for any court proceedings on behalf of KPL.
14. I have never submitted any documents or motions on behalf of KPL.
15. Brian is the attorney of record.
16. Brian has consented to and entered his representation.
17. Brian has made all submissions related to this matter.
18. KPL has selected Brian as their attorney of record in this litigation and for trial.
19. Brian is and will be, at all relevant times, the only trial counsel on this matter from this
firm.
20. As such, there is no basis for any motions to disqualify me from the instant proceedings.
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FILED: ROCKLAND COUNTY CLERK 01/19/2024 11:09 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 01/19/2024
21. Moreover, I respectfully request that, for the foregoing reasons, the Court deny the relief
Defendants'
sought in the Joint Motion to Disqualify as to Brian and CONDON PAXOS
PLLC in its entirety.
Lena E. Paxos, Esq.
Sworn before me this 19th
day of January, 202
Note a aw York
Notary Public
Co s EB. 2, 20 _
BRIAN K. CONDON
Pealic S+ate of New York
Notary
No. O 3001956
Qualif!ed in ROCs1AND County
Comrnission Expires FEB. 2, 20 L_(,
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FILED: ROCKLAND COUNTY CLERK 01/19/2024 11:09 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 01/19/2024
Word Count Certification
The total number of words in the foregoing affidavit exclusive of point headings and
footnotes and exclusive of the caption, table of contents, table of authorities, proof of service,
certificate of compliance, or any authorized addendum containing statutes, rules, regulations, etc.
is 378.
The document complies with the applicable word count limit and is based on the word
count of the word-processing system used to prepare the document.
Dated: January 19, 2024
CONDON PAXOS PLLC
Brian K. Condon
By: __________________________
Brian K. Condon
Attorneys for Plaintiff
55 Old Turnpike Road, Suite 502
Nanuet, New York 10954
(845) 627-8500
Brian@CondonPaxos.com
Preview
FILED: ROCKLAND COUNTY CLERK 01/19/2024 11:09 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 01/19/2024 Exhibit “B” FILED: ROCKLAND COUNTY CLERK 01/19/2024 11:09 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 01/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ________________________________________________________________Ç KPL GREEN LLC, Index No. 030709/2023 Plaintiff, -against- AFFIDAVIT OF LENA E. PAXOS, ESQ. IN GREENPORT/HUDSON ASSOCIATES LLC, OPPOSITION TO DEFENDANTS' MORGENSTERN DeVOESICK, PLLC, as Escrow JOINT Agent, and CRAZY BEER WORLD, INC., MOTION TO DISQUALIFY Defendants. _________________________________________________Ç LENA E. PAXOS, ESQ., being duly sworn, deposes and says: 1. I am a member of CONDON PAXOS LLC. Defendants' 2. I submit this Affidavit in Opposition to Joint Motion to Disqualify Brian K. Condon, Esq. and CONDON PAXOS PLLC. 3. Except where expressly stated otherwise, I made this Affidavit based upon my personal knowledge. 4. I, Lena E. Paxos, was the attorney of record and retained assigned counsel on the underlying contract of sale between KPL Green LLC ("KPL") and GREENPORT/HUDSON ASSOCIATES LLC ("GHA"). 5. I was the attorney who, personally, negotiated and communicated with Morgenstern DeVoesick PLLC ("MDP") and its members with respect to the contract of sale. 6. Brian K. Condon, Esq., ("Brian") was never the attorney of record nor assigned counsel on the contract of sale. 7. Brian never had any independent verbal communications with GHA, MDP or its members. Page 1 of 3 FILED: ROCKLAND COUNTY CLERK 01/19/2024 11:09 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 01/19/2024 8. Brian never had any independent written communications with GHA, MDP or its members. 9. Brian does not possess any separate, different or independent knowledge of the contract of sale from me. 10. There is no basis, at this point in the litigation, nor any evidence proffered by Defendants that my testimony would be necessary at trial. 11. However, as to the instant matter, KPL GREEN LLC v. GREENPORT/HUDSON ASSOCIATES LLC, et. al., I am not the attorney of record. 12. I have never consented to nor entered an appearance on behalf of KPL. 13. I have never appeared in and/or for any court proceedings on behalf of KPL. 14. I have never submitted any documents or motions on behalf of KPL. 15. Brian is the attorney of record. 16. Brian has consented to and entered his representation. 17. Brian has made all submissions related to this matter. 18. KPL has selected Brian as their attorney of record in this litigation and for trial. 19. Brian is and will be, at all relevant times, the only trial counsel on this matter from this firm. 20. As such, there is no basis for any motions to disqualify me from the instant proceedings. Page 2 of 3 FILED: ROCKLAND COUNTY CLERK 01/19/2024 11:09 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 01/19/2024 21. Moreover, I respectfully request that, for the foregoing reasons, the Court deny the relief Defendants' sought in the Joint Motion to Disqualify as to Brian and CONDON PAXOS PLLC in its entirety. Lena E. Paxos, Esq. Sworn before me this 19th day of January, 202 Note a aw York Notary Public Co s EB. 2, 20 _ BRIAN K. CONDON Pealic S+ate of New York Notary No. O 3001956 Qualif!ed in ROCs1AND County Comrnission Expires FEB. 2, 20 L_(, Page 3 of 3 FILED: ROCKLAND COUNTY CLERK 01/19/2024 11:09 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 01/19/2024 Word Count Certification The total number of words in the foregoing affidavit exclusive of point headings and footnotes and exclusive of the caption, table of contents, table of authorities, proof of service, certificate of compliance, or any authorized addendum containing statutes, rules, regulations, etc. is 378. The document complies with the applicable word count limit and is based on the word count of the word-processing system used to prepare the document. Dated: January 19, 2024 CONDON PAXOS PLLC Brian K. Condon By: __________________________ Brian K. Condon Attorneys for Plaintiff 55 Old Turnpike Road, Suite 502 Nanuet, New York 10954 (845) 627-8500 Brian@CondonPaxos.com