On November 06, 2023 a
Motion-Secondary
was filed
involving a dispute between
Npl Fund Llc,
and
324 East 14Th Street Llc,
Criminal Court Of The City Of New York,
John Doe #1 Through John Doe #20
The Last Twenty Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest Upon The Premises Described In The Complaint,
Namdar East Village Holdings Llc,
Nejatollah Sassouni,
Susan Sassouni,
The City Of New York,
The City Of New York Environmental Control Board,
for Real Property - Mortgage Foreclosure - Commercial
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 01/30/2024 10:43 AM INDEX NO. 850622/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/30/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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NPL FUND LLC,
Index No.: 850622/2023
Plaintiff,
-against-
324 EAST 14TH STREET LLC; NEJATOLLAH AFFIRMATION OF
SASSOUNI; SUSAN SASSOUNI; NAMDAR EAST HOWARD S. KOH
VILLAGE HOLDINGS LLC; THE CITY OF NEW
YORK ENVIRONMENTAL CONTROL BOARD;
THE CITY OF NEW YORK; CRIMINAL COURT OF Mot. Seq. No. ___
THE CITY OF NEW YORK and “JOHN DOE #1
through JOHN DOE #20”, the last twenty names being
fictitious and unknown to Plaintiff, the persons or
parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest upon
the premises described in the Complaint,
Defendants.
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HOWARD S. KOH, an attorney duly admitted to practice law before the Courts of the
State of New York, hereby affirms under the penalties of perjury as follows:
1. I am a partner in the law firm Meister Seelig & Fein PLLC, counsel for Defendant
Namdar East Village Holdings LLC (“Namdar East”) in the above-captioned action (“This
Action”). As such, I am fully familiar with the facts set forth herein.
2. I submit this affirmation in support of Namdar East’s motion seeking an order:
(i) disqualifying Greg A. Friedman, Esq. (“Attorney Friedman”) and Kriss &
Feuerstein LLP (“K&F”) from representing plaintiff NPL Fund LLC (“NPL”)
in This Action pursuant to the New York Rules of Professional Conduct, 22
NYCRR 1200.0;
(ii) temporarily staying all proceedings in This Action so that NPL can seek and
obtain new counsel; and
(iii) granting such other and further relief as this Court may deem just and proper.
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FILED: NEW YORK COUNTY CLERK 01/30/2024 10:43 AM INDEX NO. 850622/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/30/2024
3. Attached as Exhibit A is a true copy of the docket sheet of the action entitled 337
18 Lender LLC v. 337 18th Street, LLC et al., Index No. 512734/2022, in Supreme Court, Kings
County (the “Kings County Action”).
4. As of today, the Kings County Action remains pending.
5. On November 6, 2023, NPL commenced This Action by filing a summons and
verified complaint. Attached as Exhibit B is a true copy of NPL’s verified complaint in This
Action.
6. NPL is represented in This Action by K&F, specifically by Attorney Friedman.
7. This Action is in its early stages: to date, other than NPL’s filing of the complaint,
only four of the seven named defendants have filed an answer.
8. To my knowledge, no discovery requests have yet to be served by any party, nor
have any depositions been noticed in This Action.
I affirm this 30th day of January, 2024, under the 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.
Dated: New York, New York
January 30, 2024
/s/ Howard S. Koh___________________
HOWARD S. KOH
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FILED: NEW YORK COUNTY CLERK 01/30/2024 10:43 AM INDEX NO. 850622/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/30/2024
CERTIFICATE OF COMPLIANCE
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 (if any), signature block and
this certificate of compliance is 349.
Dated: New York, New York /s/ Howard S. Koh
January 30, 2024 HOWARD S. KOH
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Document Filed Date
January 30, 2024
Case Filing Date
November 06, 2023
Category
Real Property - Mortgage Foreclosure - Commercial
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FILED: NEW YORK COUNTY CLERK 01/30/2024 10:43 AM INDEX NO. 850622/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/30/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X NPL FUND LLC, Index No.: 850622/2023 Plaintiff, -against- 324 EAST 14TH STREET LLC; NEJATOLLAH AFFIRMATION OF SASSOUNI; SUSAN SASSOUNI; NAMDAR EAST HOWARD S. KOH VILLAGE HOLDINGS LLC; THE CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD; THE CITY OF NEW YORK; CRIMINAL COURT OF Mot. Seq. No. ___ THE CITY OF NEW YORK and “JOHN DOE #1 through JOHN DOE #20”, the last twenty names being fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest upon the premises described in the Complaint, Defendants. -----------------------------------------------------------------X HOWARD S. KOH, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms under the penalties of perjury as follows: 1. I am a partner in the law firm Meister Seelig & Fein PLLC, counsel for Defendant Namdar East Village Holdings LLC (“Namdar East”) in the above-captioned action (“This Action”). As such, I am fully familiar with the facts set forth herein. 2. I submit this affirmation in support of Namdar East’s motion seeking an order: (i) disqualifying Greg A. Friedman, Esq. (“Attorney Friedman”) and Kriss & Feuerstein LLP (“K&F”) from representing plaintiff NPL Fund LLC (“NPL”) in This Action pursuant to the New York Rules of Professional Conduct, 22 NYCRR 1200.0; (ii) temporarily staying all proceedings in This Action so that NPL can seek and obtain new counsel; and (iii) granting such other and further relief as this Court may deem just and proper. 1 1 of 3 FILED: NEW YORK COUNTY CLERK 01/30/2024 10:43 AM INDEX NO. 850622/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/30/2024 3. Attached as Exhibit A is a true copy of the docket sheet of the action entitled 337 18 Lender LLC v. 337 18th Street, LLC et al., Index No. 512734/2022, in Supreme Court, Kings County (the “Kings County Action”). 4. As of today, the Kings County Action remains pending. 5. On November 6, 2023, NPL commenced This Action by filing a summons and verified complaint. Attached as Exhibit B is a true copy of NPL’s verified complaint in This Action. 6. NPL is represented in This Action by K&F, specifically by Attorney Friedman. 7. This Action is in its early stages: to date, other than NPL’s filing of the complaint, only four of the seven named defendants have filed an answer. 8. To my knowledge, no discovery requests have yet to be served by any party, nor have any depositions been noticed in This Action. I affirm this 30th day of January, 2024, under the 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. Dated: New York, New York January 30, 2024 /s/ Howard S. Koh___________________ HOWARD S. KOH 2 2 of 3 FILED: NEW YORK COUNTY CLERK 01/30/2024 10:43 AM INDEX NO. 850622/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/30/2024 CERTIFICATE OF COMPLIANCE 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 (if any), signature block and this certificate of compliance is 349. Dated: New York, New York /s/ Howard S. Koh January 30, 2024 HOWARD S. KOH 3 3 of 3