On February 10, 2023 a
Motion-Secondary
was filed
involving a dispute between
Kpl Green Llc,
and
Crazy Beer World Inc,
Crazy Beer World, Inc.,
Greenport Hudson Associates Llc,
Morgenstern Devoesick Pllc,
Morgenstern Devoesick Pllc, As Escrow Agent,
for Commercial - Contract
in the District Court of Rockland County.
Preview
FILED: ROCKLAND COUNTY CLERK 01/26/2024 03:46 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 01/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
___________________________________--------------------------X
KPL GREEN LLC,
Index No. 030709/2023
Plaintiff,
Mot. Seq. 002
-against-
REPLY AFFIRMATION
GREENPORT/HUDSON ASSOCIATES, LLC,
MORGENSTERN DEVOESICK, PLLC, and
as Escrow Agent, and CRAZY BEER WORLD, INC.,
Defendants.
_________________________________.._________________Ç
JEFFREY DEVOESICK, ESQ. hereby affirms the following this 26th day of January,
2024, under penalties of perjury under the laws of New York, which may include a fine or
imprisonment, that the foregoing is true, and I understand that this document may be filed in an
action or proceeding in a court of law:
1. I submit this Reply Affirmation in further support of MDP's motion to disqualify
Plaintiff's attorneys and for the limited purpose of furnishing the Court will additional papers
proffered in response to Plaintiff's arguments made in opposition.
2. Attached hereto as Exhibit S is email correspondence between Mr. Condon, MDP,
and attorneys for Beer with the subject line "Beer World Cancellation of Lease - 300
World,
Fairview Avenue, Hudson, NY".
3. Attached hereto as Exhibits T is email correspondence from Plaintiff, dated April
1, 2022, introducing both Mr. Condon and Ms. Paxos, together, as the attorneys in the underlying
transaction.
4. Attached hereto as Exhibit U is email correspondence from Mr. Condon to me,
dated April 26, 2022, regarding Plaintiff's proposed redlines to the underlying Contract.
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FILED: ROCKLAND COUNTY CLERK 01/26/2024 03:46 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 01/26/2024
5. By reason of the foregoing and otherwise, and as further set forth in MDP's moving
papers, it is respectfully submitted that Plaintiff's attorneys and their law firm be disqualified and
such other and further relief as it just and proper should be granted.
Dated: Pittsford, New York
January 26, 2024
JEF RE E OE CK, ESQ.
2
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FILED: ROCKLAND COUNTY CLERK 01/26/2024 03:46 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 01/26/2024
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 243.
Dated: January 24, 2024
New York, New York
By:_/s/ Stephen G. Rickershauser
Stephen G. Rickershauser, Esq.
3 of 3
Document Filed Date
January 26, 2024
Case Filing Date
February 10, 2023
Category
Commercial - Contract
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FILED: ROCKLAND COUNTY CLERK 01/26/2024 03:46 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 01/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ___________________________________--------------------------X KPL GREEN LLC, Index No. 030709/2023 Plaintiff, Mot. Seq. 002 -against- REPLY AFFIRMATION GREENPORT/HUDSON ASSOCIATES, LLC, MORGENSTERN DEVOESICK, PLLC, and as Escrow Agent, and CRAZY BEER WORLD, INC., Defendants. _________________________________.._________________Ç JEFFREY DEVOESICK, ESQ. hereby affirms the following this 26th day of January, 2024, under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law: 1. I submit this Reply Affirmation in further support of MDP's motion to disqualify Plaintiff's attorneys and for the limited purpose of furnishing the Court will additional papers proffered in response to Plaintiff's arguments made in opposition. 2. Attached hereto as Exhibit S is email correspondence between Mr. Condon, MDP, and attorneys for Beer with the subject line "Beer World Cancellation of Lease - 300 World, Fairview Avenue, Hudson, NY". 3. Attached hereto as Exhibits T is email correspondence from Plaintiff, dated April 1, 2022, introducing both Mr. Condon and Ms. Paxos, together, as the attorneys in the underlying transaction. 4. Attached hereto as Exhibit U is email correspondence from Mr. Condon to me, dated April 26, 2022, regarding Plaintiff's proposed redlines to the underlying Contract. 1 of 3 FILED: ROCKLAND COUNTY CLERK 01/26/2024 03:46 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 01/26/2024 5. By reason of the foregoing and otherwise, and as further set forth in MDP's moving papers, it is respectfully submitted that Plaintiff's attorneys and their law firm be disqualified and such other and further relief as it just and proper should be granted. Dated: Pittsford, New York January 26, 2024 JEF RE E OE CK, ESQ. 2 2 of 3 FILED: ROCKLAND COUNTY CLERK 01/26/2024 03:46 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 01/26/2024 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 243. Dated: January 24, 2024 New York, New York By:_/s/ Stephen G. Rickershauser Stephen G. Rickershauser, Esq. 3 of 3