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FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF RICHMOND
_____________________________________________________________________Ç
MUSLEH-FOREST REALTY LLC, as successor in rights to
2252-2270 FOREST AVENUE REALTY, LLC,
Index No.: 151477/2023
Plaintiff,
AFFIRMATION OF
MAILING
-against-
2256 FOREST LAUNDROMAT LLC dba CLEAN RITE
CENTERS-FOREST AVE., LLC,
Defendant.
________________________________________.._____________________________Ç
JESSE DAVID EISENBERG hereby certifies that:
1. I am an attorney duly licensed to practice law in the State of New York. I am not a party
to this action. I am over the age of eighteen and my office is located in Staten Island,
New York.
2. On the 15th day of March, 2024, I served a true copy of Notice to Tenant of Landlord's
Failure to Receive Rent by mailing the same in a sealed envelope, Certified Mail with
postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service
within the State of New York, addressed to the defendant at the last known address(es) as
indicated below:
2256 Forest Laundromat LLC dba
Clean Rite Centers-Forest Ave., LLC
97-77 Queens Blvd Suite 620
Rego Park, New York 11374
2256 Forest Laundromat LLC dba
Clean Rite Centers-Forest Ave., LLC
411 Theodore Fremd Avenue First Floor, South Lobby
Rye, New York 10580-1410
2256 FOREST LAUNDROMAT LLC 2256
Forest Avenue Staten Island, NY 10303
FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024
3. I hereby certify that the foregoing statements made by me are true. I am aware that if
any of the foregoing statements made by me are willfully false, I am subject to
punishment.
Dated: March 15, 2024
Staten Island, New York
/s/ Jesse David Eisenberg, Esq.
Jesse David Eisenberg, Esq.
2555 Richmond Avenue, Ste 2
Staten Island, New York 10314
718.966.0877
FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024
NOTICE TO TENANT OF
LANDLORD'S FAILURE TO RECEIVE RENT
TO: TENANT:
CleanRite Centers -Forest Ave., LLC
97-77 Queens Blvd Suite 620
Rego Park, New York 11374
RE: Premises: Approximately 5900 square feet plus separate basement space
located directly under the premises located at 2256 Forest Avenue, Staten Island,
10303. Block 1685, Lots 50 and 55.
PLEASE TAKE that Musleh-Forest LLC as successor-
NOTICE, Realty
in-interest to 2252-2270 Forest Avenue Realty LLC ("Landlord") is the owner and
landlord of the Premises.
PLEASE TAKE FURTHER NOTICE, that Clean Rite Centers-Forest
Ave., LLC ("Tenant") is in possession of the Premises pursuant to a written lease
agreement dated December 2008 and Rider the Store Lease dated December 2008
between Owner's predecessor-in-interest, as landlord and Tenant (Collectively, the
"Lease").
PLEASE TAKE FURTHER NOTICE, that Landlord has not received full
and complete payment of rent from Tenant as set forth in the annexed rent ledger
within seven (7) days of the date specified in the Lease that such payments of rent
and additional rent were due and payable.
FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024
PLEASE TAKE FURTHER NOTICE, that Tenant is indebted to
Landlord for rent past due and owing for the Premises for the Period of April 1,
2020 and including March 1, 2024 in the amount of $819,434.00. The foregoing is
without prejudice to any additional amounts owed by Tenant, including, but not
limited to, additional rent.
PLEASE TAKE FURTHER NOTICE, that Tenant is indebted to
Landlord for the Tenants portion of outstanding property taxes for the years 2020
and 2022 in the amount of $18,241.00.
PLEASE TAKE FURTHER NOTICE, that Tenant is responsible for the
Water Bills for the Property and currently, as of March 15, 2024, Tenant owes
$176,425.00.
PLEASE TAKE FURTHER NOTICE, that this notice is being served on
Tenant pursuant to Section 235-e(d) of the Real Property Law and other applicable
provisions of law.
PLEASE TAKE FURTHER NOTICE, that this notice is being given to
Tenant without prejudice to Landlords rights and remedies under the Lease and
applicable law, all o which are reserved; and this Notice shall not be construed as
any waiver or modification of Tenants obligations to Landlord under the Lease or
any other applicable law.
Dated: March 15, 2024
Staten Island, New York
FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024
Musleh-Forest Realty LLC
Landlord
By;
By: Certified Mail
Cc:
Gaines & Fishler, LLP
2555 Richmond Avenue, Ste 2
Staten Island, NY 10314
2256 Forest Laundromat LLC dba
Clean Rite Centers-Forest Ave., LLC
97-77 Queens Blvd Suite 620
Rego Park, New York 11374
2256 Forest Laundromat LLC dba
Clean Rite Centers-Forest Ave., LLC
411 Theodore Fremd Avenue First Floor, South Lobby
Rye, New York 10580-1410
2256 FOREST LAUNDROMAT LLC
2256 Forest Avenue
Staten Island, NY 10303
FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024
9'04AM Musleb-Forest
Realtyllc
OpenIreces AllTransactions
Type Date Num P.0. # Terms DueDate Class Aging
6penBalance
CleanRiteCenter-Forest
AveLLC
Invoice 04/01/20 415 04/01/20 Forest - CI... 17,071.55
Invoice 05/01/20 414 05/01/20 Forest - CI... 17,071,55
Invoice 06/01/20 413 06/01/20 Forest - CI... 17,071.55
invoice 07/01/20 428 07/01/20 Forest - CI... 17,071.55
Invoice 08/01/20 429 08/01/20 Forest - CI... 17,071.55
invoice 09/01/20 430 09/01/20 Forest - CI... 17.071.55
Invoice 10/01/20 460 10/01/20 Forest - CI... 17,071.55
Invoice 11/01/20 459 11/01/20 Forest - CI... 17,071.55
Invoice 12/01/20 458 12/01/20 Forest - CI... 17,071.55
Invoice 01/01/21 493 01/01/21 Forest - CI... 17,071.55
invoice 02/01/21 494 02/01/21 Forest - CI... 17,071.55
Invoice 03/01/21 495 03/01/21 Forest - CI... 17,071.55
invoice 04/01/21 502 04/01/21 Forest - CI... 17,071.55
invoice 05/01/21 532 05/01/21 Forest - CI... 17,071.55
Invoice 06/01/21 533 06/01/21 Forest - CI... 17,071.55
invoice 07/01/21 546 07/01/21 Forest - CI... 17,071.55
Invoice 08/01/21 563 08/01/21 Forest - CI... 17,071.55
Invoice 09/01/21 562 09/01/21 Forest - CI... 17,071.55
Invoice 10/01/21 577 10/01/21 Forest - CI... 17,071.55
Invoice 11/01/21 576 11/01/21 Forest - CI... 17,071.55
involce 12/01/21 575 12/01/21 Forest - CI... 17,071.55
Invoice 01/01/22 585 01/01/22 Forest - CI... 17,071.55
Invoice 02/01/22 586 02/01/22 Forest - CI... 17,071.55
Invoice 03/01/22 587 03/01/22 Forest - CI... 17,071.55
Invoice 04/01/22 588 04/01/22 Forest - CI... 17,071.55
Invoice 05/01/22 589 05/01/22 Forest - CI... 17,071.55
Invoice 06/01/22 590 06/01/22 Forest - CI... 17,071.55
invoice 07/01/22 591 07/01/22 Forest - CI... 17,071.55
Invoice 08/01/22 592 08/01/22 Forest - CI... 17,071.55
Invoice 09/01/22 593 09/01/22 Forest - CI... 17,071.55
Invoice 10/01/22 594 10/01/22 Forest - CI... 17,071.55
Invoice 11/01/22 595 11/01/22 Forest - CI... 17,071.55
Invoice 12/01/22 596 12/01/22 Forest - CI... 17,071.55
Invoice 01/01/23 597 01/01/23 Forest - CI... 17,071.55
Invoice 02/01/23 598 02/01/23 Forest - CI... 17,071.55
invoice 03/01/23 599 03/01/23 Forest - CI... 17,071.55
Invoice 04/01/23 600 04/01/23 Forest - CI... 17,071.55
Invoice 05/01/23 601 05/01/23 Forest - CI... 17,071.55
Invoice 06/01/23 602 06/01/23 Forest - CI... 17,071.55
Invoice 07/01/23 603 07/01/23 Forest - CI... 17,071.55
Invoice 08/01/23 604 08/01/23 Forest - CI... 17,071.55
Invoice 09/01/23 605 09/01/23 Forest - CI... 17,071.55
invoice 10/01/23 606 10/01/23 Forest - CI... 17,071.55
Invoice 11/01/23 607 11/01/23 Forest - CI... 17,071.55
Invoice 12/01/23 608 12/01/23 Forest - CI... 17,071.55
Invoice 01/01/24 609 01/01/24 Forest - CI... 17,071.55
Invoice 02/01/24 610 02/01/24 Forest - Cl... 17,071.55
Invoice 03/01/24 611 03/01/24 Forest - CI... 17,071.55
rotalCleanRite Center-Forest
AveU.C 819.434.4C
w1sr24, 11:02 AM
FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM
VleW Water charges INDEX NO. 150818/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024
Go to Login page
VIEW WATER CHARGES
DEP Water Charges is the fast and convenient way to view your current water
and wastewater charges without having to login.
-
Account 1001038109001 Choose a different account
Below are the account balance details for the
selected account
Due balance $176,425.59
Past due balance $176,425.59
Name MPC REALTY OF RICHMOND
Premises address 2256 FOREST STATEN NY 10303-1030, USA
_
AV, ISLAND,
_ _ _ __ ________. _.. ._ _._____._.___.--.-_.--.____..._ _.
BBL 5-01685-0055
httpsJ/a826-umax.dep.nyc.gov/balance 1/2
FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024
$18,24132 reimbursement
tax Propert Total
2022PropertyTimeReimburseme
$12,14528 45$,981.1 $43,835.82 2022 share Tenant
0.29 019 0.29 TauntsPropostionateSime
$41,880.28 193,038.28 $151,15840 Total
$99398.92 Sl$1158:00 $5
593,039.36 50
LLC PmpertyTaxReimbursementforMusleh-ForestRealty
Calculationofthe
2022
PropertyTaxReimbursement
2020
$6,096.04 $49,931 $43,83542 2020 share Tenant
0.29 0.29 0.29 TenantsProportionateShare
$21,020A4 $172,17824 $151,15640 Total
151158.00.
$87,55932 $5
$84,619.52 50
esNtealtyLLC Calculationofthe2020PropertyTaxRe
A$EAueensbivitigorar¾Ne…
CleanditeCenters-ForestAv
Preview
FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF RICHMOND _____________________________________________________________________Ç MUSLEH-FOREST REALTY LLC, as successor in rights to 2252-2270 FOREST AVENUE REALTY, LLC, Index No.: 151477/2023 Plaintiff, AFFIRMATION OF MAILING -against- 2256 FOREST LAUNDROMAT LLC dba CLEAN RITE CENTERS-FOREST AVE., LLC, Defendant. ________________________________________.._____________________________Ç JESSE DAVID EISENBERG hereby certifies that: 1. I am an attorney duly licensed to practice law in the State of New York. I am not a party to this action. I am over the age of eighteen and my office is located in Staten Island, New York. 2. On the 15th day of March, 2024, I served a true copy of Notice to Tenant of Landlord's Failure to Receive Rent by mailing the same in a sealed envelope, Certified Mail with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service within the State of New York, addressed to the defendant at the last known address(es) as indicated below: 2256 Forest Laundromat LLC dba Clean Rite Centers-Forest Ave., LLC 97-77 Queens Blvd Suite 620 Rego Park, New York 11374 2256 Forest Laundromat LLC dba Clean Rite Centers-Forest Ave., LLC 411 Theodore Fremd Avenue First Floor, South Lobby Rye, New York 10580-1410 2256 FOREST LAUNDROMAT LLC 2256 Forest Avenue Staten Island, NY 10303 FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024 3. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: March 15, 2024 Staten Island, New York /s/ Jesse David Eisenberg, Esq. Jesse David Eisenberg, Esq. 2555 Richmond Avenue, Ste 2 Staten Island, New York 10314 718.966.0877 FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024 NOTICE TO TENANT OF LANDLORD'S FAILURE TO RECEIVE RENT TO: TENANT: CleanRite Centers -Forest Ave., LLC 97-77 Queens Blvd Suite 620 Rego Park, New York 11374 RE: Premises: Approximately 5900 square feet plus separate basement space located directly under the premises located at 2256 Forest Avenue, Staten Island, 10303. Block 1685, Lots 50 and 55. PLEASE TAKE that Musleh-Forest LLC as successor- NOTICE, Realty in-interest to 2252-2270 Forest Avenue Realty LLC ("Landlord") is the owner and landlord of the Premises. PLEASE TAKE FURTHER NOTICE, that Clean Rite Centers-Forest Ave., LLC ("Tenant") is in possession of the Premises pursuant to a written lease agreement dated December 2008 and Rider the Store Lease dated December 2008 between Owner's predecessor-in-interest, as landlord and Tenant (Collectively, the "Lease"). PLEASE TAKE FURTHER NOTICE, that Landlord has not received full and complete payment of rent from Tenant as set forth in the annexed rent ledger within seven (7) days of the date specified in the Lease that such payments of rent and additional rent were due and payable. FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024 PLEASE TAKE FURTHER NOTICE, that Tenant is indebted to Landlord for rent past due and owing for the Premises for the Period of April 1, 2020 and including March 1, 2024 in the amount of $819,434.00. The foregoing is without prejudice to any additional amounts owed by Tenant, including, but not limited to, additional rent. PLEASE TAKE FURTHER NOTICE, that Tenant is indebted to Landlord for the Tenants portion of outstanding property taxes for the years 2020 and 2022 in the amount of $18,241.00. PLEASE TAKE FURTHER NOTICE, that Tenant is responsible for the Water Bills for the Property and currently, as of March 15, 2024, Tenant owes $176,425.00. PLEASE TAKE FURTHER NOTICE, that this notice is being served on Tenant pursuant to Section 235-e(d) of the Real Property Law and other applicable provisions of law. PLEASE TAKE FURTHER NOTICE, that this notice is being given to Tenant without prejudice to Landlords rights and remedies under the Lease and applicable law, all o which are reserved; and this Notice shall not be construed as any waiver or modification of Tenants obligations to Landlord under the Lease or any other applicable law. Dated: March 15, 2024 Staten Island, New York FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024 Musleh-Forest Realty LLC Landlord By; By: Certified Mail Cc: Gaines & Fishler, LLP 2555 Richmond Avenue, Ste 2 Staten Island, NY 10314 2256 Forest Laundromat LLC dba Clean Rite Centers-Forest Ave., LLC 97-77 Queens Blvd Suite 620 Rego Park, New York 11374 2256 Forest Laundromat LLC dba Clean Rite Centers-Forest Ave., LLC 411 Theodore Fremd Avenue First Floor, South Lobby Rye, New York 10580-1410 2256 FOREST LAUNDROMAT LLC 2256 Forest Avenue Staten Island, NY 10303 FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024 9'04AM Musleb-Forest Realtyllc OpenIreces AllTransactions Type Date Num P.0. # Terms DueDate Class Aging 6penBalance CleanRiteCenter-Forest AveLLC Invoice 04/01/20 415 04/01/20 Forest - CI... 17,071.55 Invoice 05/01/20 414 05/01/20 Forest - CI... 17,071,55 Invoice 06/01/20 413 06/01/20 Forest - CI... 17,071.55 invoice 07/01/20 428 07/01/20 Forest - CI... 17,071.55 Invoice 08/01/20 429 08/01/20 Forest - CI... 17,071.55 invoice 09/01/20 430 09/01/20 Forest - CI... 17.071.55 Invoice 10/01/20 460 10/01/20 Forest - CI... 17,071.55 Invoice 11/01/20 459 11/01/20 Forest - CI... 17,071.55 Invoice 12/01/20 458 12/01/20 Forest - CI... 17,071.55 Invoice 01/01/21 493 01/01/21 Forest - CI... 17,071.55 invoice 02/01/21 494 02/01/21 Forest - CI... 17,071.55 Invoice 03/01/21 495 03/01/21 Forest - CI... 17,071.55 invoice 04/01/21 502 04/01/21 Forest - CI... 17,071.55 invoice 05/01/21 532 05/01/21 Forest - CI... 17,071.55 Invoice 06/01/21 533 06/01/21 Forest - CI... 17,071.55 invoice 07/01/21 546 07/01/21 Forest - CI... 17,071.55 Invoice 08/01/21 563 08/01/21 Forest - CI... 17,071.55 Invoice 09/01/21 562 09/01/21 Forest - CI... 17,071.55 Invoice 10/01/21 577 10/01/21 Forest - CI... 17,071.55 Invoice 11/01/21 576 11/01/21 Forest - CI... 17,071.55 involce 12/01/21 575 12/01/21 Forest - CI... 17,071.55 Invoice 01/01/22 585 01/01/22 Forest - CI... 17,071.55 Invoice 02/01/22 586 02/01/22 Forest - CI... 17,071.55 Invoice 03/01/22 587 03/01/22 Forest - CI... 17,071.55 Invoice 04/01/22 588 04/01/22 Forest - CI... 17,071.55 Invoice 05/01/22 589 05/01/22 Forest - CI... 17,071.55 Invoice 06/01/22 590 06/01/22 Forest - CI... 17,071.55 invoice 07/01/22 591 07/01/22 Forest - CI... 17,071.55 Invoice 08/01/22 592 08/01/22 Forest - CI... 17,071.55 Invoice 09/01/22 593 09/01/22 Forest - CI... 17,071.55 Invoice 10/01/22 594 10/01/22 Forest - CI... 17,071.55 Invoice 11/01/22 595 11/01/22 Forest - CI... 17,071.55 Invoice 12/01/22 596 12/01/22 Forest - CI... 17,071.55 Invoice 01/01/23 597 01/01/23 Forest - CI... 17,071.55 Invoice 02/01/23 598 02/01/23 Forest - CI... 17,071.55 invoice 03/01/23 599 03/01/23 Forest - CI... 17,071.55 Invoice 04/01/23 600 04/01/23 Forest - CI... 17,071.55 Invoice 05/01/23 601 05/01/23 Forest - CI... 17,071.55 Invoice 06/01/23 602 06/01/23 Forest - CI... 17,071.55 Invoice 07/01/23 603 07/01/23 Forest - CI... 17,071.55 Invoice 08/01/23 604 08/01/23 Forest - CI... 17,071.55 Invoice 09/01/23 605 09/01/23 Forest - CI... 17,071.55 invoice 10/01/23 606 10/01/23 Forest - CI... 17,071.55 Invoice 11/01/23 607 11/01/23 Forest - CI... 17,071.55 Invoice 12/01/23 608 12/01/23 Forest - CI... 17,071.55 Invoice 01/01/24 609 01/01/24 Forest - CI... 17,071.55 Invoice 02/01/24 610 02/01/24 Forest - Cl... 17,071.55 Invoice 03/01/24 611 03/01/24 Forest - CI... 17,071.55 rotalCleanRite Center-Forest AveU.C 819.434.4C w1sr24, 11:02 AM FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM VleW Water charges INDEX NO. 150818/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024 Go to Login page VIEW WATER CHARGES DEP Water Charges is the fast and convenient way to view your current water and wastewater charges without having to login. - Account 1001038109001 Choose a different account Below are the account balance details for the selected account Due balance $176,425.59 Past due balance $176,425.59 Name MPC REALTY OF RICHMOND Premises address 2256 FOREST STATEN NY 10303-1030, USA _ AV, ISLAND, _ _ _ __ ________. _.. ._ _._____._.___.--.-_.--.____..._ _. BBL 5-01685-0055 httpsJ/a826-umax.dep.nyc.gov/balance 1/2 FILED: RICHMOND COUNTY CLERK 04/23/2024 05:25 PM INDEX NO. 150818/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/23/2024 $18,24132 reimbursement tax Propert Total 2022PropertyTimeReimburseme $12,14528 45$,981.1 $43,835.82 2022 share Tenant 0.29 019 0.29 TauntsPropostionateSime $41,880.28 193,038.28 $151,15840 Total $99398.92 Sl$1158:00 $5 593,039.36 50 LLC PmpertyTaxReimbursementforMusleh-ForestRealty Calculationofthe 2022 PropertyTaxReimbursement 2020 $6,096.04 $49,931 $43,83542 2020 share Tenant 0.29 0.29 0.29 TenantsProportionateShare $21,020A4 $172,17824 $151,15640 Total 151158.00. $87,55932 $5 $84,619.52 50 esNtealtyLLC Calculationofthe2020PropertyTaxRe A$EAueensbivitigorar¾Ne… CleanditeCenters-ForestAv