Preview
FILED: ROCKLAND COUNTY CLERK 12/29/2023 04:42 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 12/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
-------------------------------------------------------------------X
KPL GREEN LLC,
Index No. 030709/2023
Plaintiff,
Mot. Seq. 002
-against-
AFFIRMATION OF JEFFREY
GREENPORT/HUDSON ASSOCIATES, LLC, SPIEGEL IN SUPPORT OF
MORGENSTERN DEVOESICK, PLLC, MOTION TO DISQUALIFY
as Escrow Agent, and CRAZY BEER WORLD, INC.,
Defendants.
-------------------------------------------------------------------X
Jeffrey Y. Spiegel, an attorney at law duly admitted to practice before this Court, affirms
as follows under the penalties of perjury:
1. I am a partner of Lewis Brisbois Bisgaard & Smith LLP, attorneys for defendant
Morgenstern DeVoesick, PLLC (“MDP”). I submit this affirmation in support of the instant
application to disqualify Lena E. Paxos, Esq. and Brian K. Condon, Esq. and their firm, Condon
Paxos PLLC, as counsel for Plaintiff pursuant to N.Y. Comp. Codes R. & Regs. Title 22 §1200.21
(1999) on the grounds that both Ms. Paxos and Mr. Condon, the only members of the firm, are
necessary witnesses in this matter.
2. On November 30, 2023, counsel for all parties appeared before the Hon. Rolf M.
Thorsen, New York Supreme Court, Rockland County, for a preliminary conference in this matter.
At the conference, the Court directed that any motions to disqualify be filed on or before December
29, 2023. Accordingly, MDP’s instant application is both timely and proper.
3. The purpose of this affirmation is to incorporate by reference certain documents
that were previously electronically filed in this action and thereby make them part of the motion
record as well as to furnish the Court will all papers necessary for consideration of the issues raised
in this motion.
1
1 of 5
FILED: ROCKLAND COUNTY CLERK 12/29/2023 04:42 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 12/29/2023
4. Annexed hereto as Exhibit A is a copy of the Summons and Verified Complaint
(NYSCEF #1).
5. Annexed hereto as Exhibit B is a copy of the Contract for the Purchase and Sale of
Real Property (“Contract”), which is the subject of this action, and annexed to the Verified
Complaint as Exhibit A (NYSCEF #2).
6. Annexed hereto as Exhibit C are copies of the three Addenda to Contract, which
are annexed to the Affidavit of Susan Gordon, dated April 11, 2023, as Exhibit A (NYSCEF #33)
7. Annexed hereto as Exhibit D is a copy of the Lease Agreement (“Beer Lease”) and
amendments thereto, which are annexed to the Verified Complaint as Exhibits B and C,
respectively (NYSCEF #3-4).
8. Annexed hereto as Exhibit E are copies of the emails annexed to the Verified
Complaint as Exhibits D through F (NYSCEF #5-7).
9. Annexed hereto as Exhibit F is Beer World’s Answer and Counterclaim (NYSCEF
#19).
10. Annexed hereto as Exhibit G is a copy of the Notice of Motion to Dismiss the
Verified Complaint, jointly filed by MDP and GHA (Motion #001), Memorandum of Law in
Support, Affirmation of Jeffrey Y. Spiegel, and Affidavit of Jeffrey DeVoesick with
accompanying Exhibit A (NYSCEF #20-24).
11. Annexed hereto as Exhibit H is a copy of Affirmation of F. Michael Ostrander in
Support of Defendants’ Joint Motion to Dismiss and accompanying Exhibits A through D
(NYSCEF #27-31).
12. Annexed hereto as Exhibit I is a copy of the Affidavit of Susan Gordon in Support
of Joint Motion to Dismiss and accompanying Exhibits A-B (NYSCEF #32-34, 48).
2
2 of 5
FILED: ROCKLAND COUNTY CLERK 12/29/2023 04:42 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 12/29/2023
13. Annexed hereto as Exhibit J is a copy of Plaintiff’s Memorandum of Law in
Opposition to Joint Motion to Dismiss (NYSCEF #36).
14. Annexed hereto as Exhibit K is a copy of the Affidavit of Lena E. Paxos, Esq. in
Opposition to Defendants' Joint Motion to Dismiss and accompanying Exhibits A through I
(NYSCEF #37-46).
15. Annexed hereto as Exhibit L is a copy of Defendants’ Memorandum of Law in
Reply (NYSCEF #49).
16. Annexed hereto as Exhibit M is a copy of the Decision and Order (Motion #001)
dated October 31, 2023 (NYSCEF #50).
17. Annexed hereto as Exhibit N is a copy of MDP’s Answer and Affirmative Defenses
(NYSCEF #52).
18. Annexed hereto as Exhibit O is a copy of GHA’s Answer, Affirmative Defenses
and Counterclaim with accompanying Exhibits A and B (NYSCEF #54-56).
19. Annexed hereto as Exhibit P is a copy of the page from the website of Condon
Paxos PLLC which indicates that Ms. Paxos and Mr. Condon are the only lawyers employed by
the firm.1
20. Annexed hereto as Exhibit Q is a copy of MDP’s deposition notice for Ms. Paxos.
21. Annexed hereto as Exhibit R is a copy of MDP’s deposition notice for Mr. Condon.
For the foregoing reasons, and those set forth in the accompanying papers, it is respectfully
submitted that Ms. Paxos and Mr. Condon and the firm of Condon Paxos PLLC should be
1
According to the firm’s website, the only other two employees of the firm are Connie Soeder,
the firm’s Controller, and Lori Galgano, Administrative Assistant. (Ex. P)
3
3 of 5
FILED: ROCKLAND COUNTY CLERK 12/29/2023 04:42 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 12/29/2023
disqualified as counsel for the Plaintiff, and such other and further relief as is just and proper
should be granted.
Dated: New York, New York
December 29, 2023
/s/ Jeffrey Y. Spiegel
Jeffrey Y. Spiegel, Esq.
4
4 of 5
FILED: ROCKLAND COUNTY CLERK 12/29/2023 04:42 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 12/29/2023
Certificate of Compliance
Pursuant to the Uniform Civil Rules for the Supreme and County Courts, I hereby certify
that the number of words in the foregoing document, according to the word count on the word
processing program utilized, inclusive of point headings and footnotes, and exclusive of the
caption, tables of contents and tables of authorities, signature block and this certificate of
compliance is 799.
Dated: December 29, 2023
New York, New York
By:_/s/ Jeffrey Y. Spiegel, Esq.
Jeffrey Y. Spiegel, Esq.
5
5 of 5
Preview
FILED: ROCKLAND COUNTY CLERK 12/29/2023 04:42 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 12/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND -------------------------------------------------------------------X KPL GREEN LLC, Index No. 030709/2023 Plaintiff, Mot. Seq. 002 -against- AFFIRMATION OF JEFFREY GREENPORT/HUDSON ASSOCIATES, LLC, SPIEGEL IN SUPPORT OF MORGENSTERN DEVOESICK, PLLC, MOTION TO DISQUALIFY as Escrow Agent, and CRAZY BEER WORLD, INC., Defendants. -------------------------------------------------------------------X Jeffrey Y. Spiegel, an attorney at law duly admitted to practice before this Court, affirms as follows under the penalties of perjury: 1. I am a partner of Lewis Brisbois Bisgaard & Smith LLP, attorneys for defendant Morgenstern DeVoesick, PLLC (“MDP”). I submit this affirmation in support of the instant application to disqualify Lena E. Paxos, Esq. and Brian K. Condon, Esq. and their firm, Condon Paxos PLLC, as counsel for Plaintiff pursuant to N.Y. Comp. Codes R. & Regs. Title 22 §1200.21 (1999) on the grounds that both Ms. Paxos and Mr. Condon, the only members of the firm, are necessary witnesses in this matter. 2. On November 30, 2023, counsel for all parties appeared before the Hon. Rolf M. Thorsen, New York Supreme Court, Rockland County, for a preliminary conference in this matter. At the conference, the Court directed that any motions to disqualify be filed on or before December 29, 2023. Accordingly, MDP’s instant application is both timely and proper. 3. The purpose of this affirmation is to incorporate by reference certain documents that were previously electronically filed in this action and thereby make them part of the motion record as well as to furnish the Court will all papers necessary for consideration of the issues raised in this motion. 1 1 of 5 FILED: ROCKLAND COUNTY CLERK 12/29/2023 04:42 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 12/29/2023 4. Annexed hereto as Exhibit A is a copy of the Summons and Verified Complaint (NYSCEF #1). 5. Annexed hereto as Exhibit B is a copy of the Contract for the Purchase and Sale of Real Property (“Contract”), which is the subject of this action, and annexed to the Verified Complaint as Exhibit A (NYSCEF #2). 6. Annexed hereto as Exhibit C are copies of the three Addenda to Contract, which are annexed to the Affidavit of Susan Gordon, dated April 11, 2023, as Exhibit A (NYSCEF #33) 7. Annexed hereto as Exhibit D is a copy of the Lease Agreement (“Beer Lease”) and amendments thereto, which are annexed to the Verified Complaint as Exhibits B and C, respectively (NYSCEF #3-4). 8. Annexed hereto as Exhibit E are copies of the emails annexed to the Verified Complaint as Exhibits D through F (NYSCEF #5-7). 9. Annexed hereto as Exhibit F is Beer World’s Answer and Counterclaim (NYSCEF #19). 10. Annexed hereto as Exhibit G is a copy of the Notice of Motion to Dismiss the Verified Complaint, jointly filed by MDP and GHA (Motion #001), Memorandum of Law in Support, Affirmation of Jeffrey Y. Spiegel, and Affidavit of Jeffrey DeVoesick with accompanying Exhibit A (NYSCEF #20-24). 11. Annexed hereto as Exhibit H is a copy of Affirmation of F. Michael Ostrander in Support of Defendants’ Joint Motion to Dismiss and accompanying Exhibits A through D (NYSCEF #27-31). 12. Annexed hereto as Exhibit I is a copy of the Affidavit of Susan Gordon in Support of Joint Motion to Dismiss and accompanying Exhibits A-B (NYSCEF #32-34, 48). 2 2 of 5 FILED: ROCKLAND COUNTY CLERK 12/29/2023 04:42 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 12/29/2023 13. Annexed hereto as Exhibit J is a copy of Plaintiff’s Memorandum of Law in Opposition to Joint Motion to Dismiss (NYSCEF #36). 14. Annexed hereto as Exhibit K is a copy of the Affidavit of Lena E. Paxos, Esq. in Opposition to Defendants' Joint Motion to Dismiss and accompanying Exhibits A through I (NYSCEF #37-46). 15. Annexed hereto as Exhibit L is a copy of Defendants’ Memorandum of Law in Reply (NYSCEF #49). 16. Annexed hereto as Exhibit M is a copy of the Decision and Order (Motion #001) dated October 31, 2023 (NYSCEF #50). 17. Annexed hereto as Exhibit N is a copy of MDP’s Answer and Affirmative Defenses (NYSCEF #52). 18. Annexed hereto as Exhibit O is a copy of GHA’s Answer, Affirmative Defenses and Counterclaim with accompanying Exhibits A and B (NYSCEF #54-56). 19. Annexed hereto as Exhibit P is a copy of the page from the website of Condon Paxos PLLC which indicates that Ms. Paxos and Mr. Condon are the only lawyers employed by the firm.1 20. Annexed hereto as Exhibit Q is a copy of MDP’s deposition notice for Ms. Paxos. 21. Annexed hereto as Exhibit R is a copy of MDP’s deposition notice for Mr. Condon. For the foregoing reasons, and those set forth in the accompanying papers, it is respectfully submitted that Ms. Paxos and Mr. Condon and the firm of Condon Paxos PLLC should be 1 According to the firm’s website, the only other two employees of the firm are Connie Soeder, the firm’s Controller, and Lori Galgano, Administrative Assistant. (Ex. P) 3 3 of 5 FILED: ROCKLAND COUNTY CLERK 12/29/2023 04:42 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 12/29/2023 disqualified as counsel for the Plaintiff, and such other and further relief as is just and proper should be granted. Dated: New York, New York December 29, 2023 /s/ Jeffrey Y. Spiegel Jeffrey Y. Spiegel, Esq. 4 4 of 5 FILED: ROCKLAND COUNTY CLERK 12/29/2023 04:42 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 12/29/2023 Certificate of Compliance Pursuant to the Uniform Civil Rules for the Supreme and County Courts, I hereby certify that the number of words in the foregoing document, according to the word count on the word processing program utilized, inclusive of point headings and footnotes, and exclusive of the caption, tables of contents and tables of authorities, signature block and this certificate of compliance is 799. Dated: December 29, 2023 New York, New York By:_/s/ Jeffrey Y. Spiegel, Esq. Jeffrey Y. Spiegel, Esq. 5 5 of 5