On March 25, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Hauppauge Properties, Llc,
and
Hauppauge Associates, Llc,
for Real Property - Other (Declaratory (Yellowstone))
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 03/25/2024 03:21 PM INDEX NO. 607358/2024
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/25/2024
RCB|ROSENBERG CALICA & BIRNEY LLP
100 Garden City Plaza, Suite 408, Garden City, New York 11530 TELEPHONE 516-747-7400
Edward M. Ross DIRECT DIAL: (516) 747-7400 (Ext. 308)
Partner MOBILE: (516) 652-2278
EMAIL ADDRESS: eross@rcblaw.com Fax: (516) 747-7480
March 24, 2024
VIA EMAIL: mhearle@gwfglaw.com
Matthew Hearle, Esq.
Goldberg Weprin Finkel Goldstein LLP
125 Park Avenue
12th Floor
New York, NY 10017
Re: 573-603 Nesconsett Highway
Dear Matt:
I am in receipt of your email which you sent at 4:37 p.m. this past Friday, March 22nd,
threatening to file an ill-conceived application on Monday (tomorrow) for Yellowstone relief.
Your vague and untimely email violates the applicable Court Rule, which specifically
requires that you provide (1) reasonable advance notice, (2) the specific time, date and place,
and (3) advanced “copies of all supporting papers… sufficiently in advance to permit
[respondent] an opportunity to appear and contest the application,” none of which you have
provided. 22 NYCRR §202.8-e (emphasis added).
In addition, Yellowstone relief is inappropriate and unwarranted under the current
circumstances. With respect to the First Notice to Cure, there is irrefutable evidence that the
Landlord has continued to provide your client, the Tenant, multiple extensions of time to cure
serious Code violations consisting of life, health and safety violations stemming from the Town’s
issuance of twenty-six (26) fire and life safety summonses against the Premises for which your
client is directly and irrefutably liable and responsible.
And with respect to the Second Notice to Cure, the cure deadline is not until April 12,
2024, i.e., more than three (3) weeks from now. This dispels any purported need for any
emergency Yellowstone relief. At the same time, the Tenant has unclean hands. Without
limitation, your client refuses even to acknowledge its Lease-specified duty and obligation to
commence timely cure efforts with respect to any—let alone all—of the numerous additional
property defects and deficiencies identified in the highly detailed and comprehensive Property
Condition Assessment Report dated February 17, 2024 (the “PCR”). Indeed, after more than
three (3) weeks since the PCR was issued, the Tenant has provided no response whatsoever.
{00475533-1}
FILED: SUFFOLK COUNTY CLERK 03/25/2024 03:21 PM INDEX NO. 607358/2024
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/25/2024
Matthew Hearle, Esq.
March 24, 2024
Page 2
Accordingly, and without prejudice to any of the foregoing, kindly provide a copy of this
letter to the Court should you nevertheless proceed to file a purported Yellowstone application,
and kindly alert the Court that we are ready, willing and able—and indeed eager—to conference
these matters with the Court prior to any submission or issuance of any proposed Order to Show
Cause or Temporary Restraining Order.
All rights and remedies are reserved.
Very truly yours,
Edward M. Ross
EMR:ss
{00475533-1}
Document Filed Date
March 25, 2024
Case Filing Date
March 25, 2024
Category
Real Property - Other (Declaratory (Yellowstone))
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Preview
FILED: SUFFOLK COUNTY CLERK 03/25/2024 03:21 PM INDEX NO. 607358/2024 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/25/2024 RCB|ROSENBERG CALICA & BIRNEY LLP 100 Garden City Plaza, Suite 408, Garden City, New York 11530 TELEPHONE 516-747-7400 Edward M. Ross DIRECT DIAL: (516) 747-7400 (Ext. 308) Partner MOBILE: (516) 652-2278 EMAIL ADDRESS: eross@rcblaw.com Fax: (516) 747-7480 March 24, 2024 VIA EMAIL: mhearle@gwfglaw.com Matthew Hearle, Esq. Goldberg Weprin Finkel Goldstein LLP 125 Park Avenue 12th Floor New York, NY 10017 Re: 573-603 Nesconsett Highway Dear Matt: I am in receipt of your email which you sent at 4:37 p.m. this past Friday, March 22nd, threatening to file an ill-conceived application on Monday (tomorrow) for Yellowstone relief. Your vague and untimely email violates the applicable Court Rule, which specifically requires that you provide (1) reasonable advance notice, (2) the specific time, date and place, and (3) advanced “copies of all supporting papers… sufficiently in advance to permit [respondent] an opportunity to appear and contest the application,” none of which you have provided. 22 NYCRR §202.8-e (emphasis added). In addition, Yellowstone relief is inappropriate and unwarranted under the current circumstances. With respect to the First Notice to Cure, there is irrefutable evidence that the Landlord has continued to provide your client, the Tenant, multiple extensions of time to cure serious Code violations consisting of life, health and safety violations stemming from the Town’s issuance of twenty-six (26) fire and life safety summonses against the Premises for which your client is directly and irrefutably liable and responsible. And with respect to the Second Notice to Cure, the cure deadline is not until April 12, 2024, i.e., more than three (3) weeks from now. This dispels any purported need for any emergency Yellowstone relief. At the same time, the Tenant has unclean hands. Without limitation, your client refuses even to acknowledge its Lease-specified duty and obligation to commence timely cure efforts with respect to any—let alone all—of the numerous additional property defects and deficiencies identified in the highly detailed and comprehensive Property Condition Assessment Report dated February 17, 2024 (the “PCR”). Indeed, after more than three (3) weeks since the PCR was issued, the Tenant has provided no response whatsoever. {00475533-1} FILED: SUFFOLK COUNTY CLERK 03/25/2024 03:21 PM INDEX NO. 607358/2024 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/25/2024 Matthew Hearle, Esq. March 24, 2024 Page 2 Accordingly, and without prejudice to any of the foregoing, kindly provide a copy of this letter to the Court should you nevertheless proceed to file a purported Yellowstone application, and kindly alert the Court that we are ready, willing and able—and indeed eager—to conference these matters with the Court prior to any submission or issuance of any proposed Order to Show Cause or Temporary Restraining Order. All rights and remedies are reserved. Very truly yours, Edward M. Ross EMR:ss {00475533-1}