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FILED: NEW YORK COUNTY CLERK 03/14/2024 11:41 AM INDEX NO. 150961/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/14/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------x Index No. 150961/2024
92ND STREET 1 LLC, 92ND STREET 2 LLC, 92ND
STREET 3 LLC, 92ND STREET 4 LLC, 92ND STREET
5 LLC, 92ND STREET 6 LLC, 92ND STREET 7 LLC,
and 92ND STREET 8 LLC, CPLR 3215 NOTICE I
Plaintiff,
-against-
FADILA LYNDA OUHENIA-HUDSON,
Defendant.
____________..__.._______-___.....--..---.......--..---------------.._________--Ç
PLEASE TAKE NOTICE THAT, pursuant to CPLR §3215, notice is hereby given
that this constitutes an additional service of the accompanying Summons and Verified
Complaint and Notice of Commencement of Action Subject to Mandatory Electronic Filing
which notice are being made with or after service thereof upon the Defendant.
Dated: New York, New York
February 29, 2024
BORAH, G DS EIN, ALTSCHULER,
NAHINS GOID , .C.
By:
Cr . otte, Esq.
orneys for Plaintiff
377 Broadway
New York, New York 10013
(212) 431-1300 x613
TO: FADILA LYNDA OUHENIA-HUDSON
55 Red Mill Road
Cortlandt Manor, New York 10567
so °o"^µ"i, FADILA LYNDA OUHENIA-HUDSON
ALTSCHULER, 72 Whippoorwhill Road East
Armonk, New York 10503
co P.C.
177 BROADWAY
4Y, NY 10013-3993
212) 431-1300
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SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF NEW YORK
-x SUMMONS
92ND STREET 1 LLC, 92ND STREET 2 LLC, 92ND
STREET 3 LLC, 92ND STREET 4 LLC, 92ND STREET 5 Date filed:
LLC, 92ND STREET6 LLC, 92ND STREET7 LLC, and
92ND STREET 8 LLC,
Plaintiff designates New
York County as the place
of trial.
Plaintiffs,
-against- The basis of the venue is
the location of real
FADILA LYNDA OUHENIA-HUDSON, property that is the
subject of this action.
Defendant.
TOTHE ABOVENAMEDDEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer or, if the complaint is not served with this summons, to serve
Plaintiffs'
a notice of appearance on the attorney within twenty (20) days after service of
this summons, exclusive of the day of service (or within thirty [30] days after the service
is complete if this summons is not personally delivered to you within the State of New
York); and in case of your failure to appear or answer, judgment will be taken against you
by default for the relief demanded in the complaint.
Dated:New York, New York
February 1, 2024
BORAH, OLDSTEIN, ALTSCHULER,
NAHI & GOlD P.C.
By: / c
ECR . LTSCHULER, ESQ.
Atto eys for Plaintiffs
377 Broadway
New York, New York 10013
(212) 431-1300
TO: FADILA LYNDA OUHENIA-HUDSON
55 Red Mill Road
Cortlandt Manor, New York 10567
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
——————————————————————-X
92ND STREET 1 LLC, 92ND STREET 2 LLC, 92ND Index No.:
STREET 3 LLC, 92ND STREET 4 LLC, 92ND STREET
5 LLC, 92ND STREET 6 LLC, 92ND STREET 7 LLC, VERIFIED COMPLAINT
and 92ND STREET 8 LLC,
Plaintiffs,
—against—
FADILA LYNDA OUHENIA-HUDSON,
Defendants.
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Plaintiffs 92ND STREET 1 LLC, 92ND STREET 2 LLC, 92ND STREET 3 LLC,
92ND STREET 4 LLC, 92ND STREET 5 LLC, 92ND STREET 6 LLC, 92ND STREET 7
LLC, and 92ND STREET 8 LLC (collectively “Plaintiffs”), by its attorneys BORAH, GOLD-
STEIN, ALTSCHULER, NAHINS & GOIDEL, P.C., as and for its Verified Complaint
against FADILA LYNDA OUHENIA-HUDSON (the “Guarantor”) hereby allege as follows:
1. Plaintiffs are limited liability companies duly authorized to conduct business
in the State of New York, and maintain their principal office at 224 West 35th Street, 11th
Floor, New York, New York 10001.
2. Plaintiffs are the owners and landlord of the building located at 163 East
92nd Street, New York, New York 10012 (the “Building”).
3. Plaintiffs took title to the Building by deed dated December 31, 2021.
4. Upon information and belief, Guarantor is an individual over the age of 18
years and resides at 55 Red Mill Road, Cortlandt Manor, New York 10567.
5. Upon information and belief, Guarantor is a member of Tenant.
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A. The Store #1 Lease
6. Plaintiffs’ predecessor-in-interest entered into a commercial lease with non-
party commercial tenant LA LIBRAIRIE DES ENFANTS LLC (the “Tenant”) dated August
12, 2016 for “Retail Store #1 and Basement” of the Building (collectively “Store #1”) for a
four (4) year term commencing September 1, 2016 and expiring August 31, 2021 with
monthly base rent at $5,250.00 (“Base Rent”) that escalates each year (the initial lease
is referred to as the “Initial Store #1 Lease” and attached at Exhibit “A").
7. Upon information and belief, Guarantor is Tenant’s principal.
8. Pursuant to Article 41 in the Rider of the Initial Store #1 Lease, Tenant
agreed to pay seven (7%) percent of the increase in Building’s real estate taxes above
the base tax (“Taxes”).
9. Article Sixth states, in pertinent part, that Tenant remains liable for rent
through the end of the term:
If the Tenant shall make default in the payment of the rent reserved
hereunder, or any item of “additional rent” herein mentioned, or any
part of either or in making any other payment herein provided for, or
if the notice last above provided for shall have been given and if the
condition which was the basis of said notice shall exist at the expira-
tion of said ten days’ period, the Landlord may immediately, or any
time thereafter, re-enter the demised premises and remove all per-
sons and all of any property therefrom, either by summary dispos-
sess proceedings, or by any suitable action or proceeding at law, or
by force or otherwise, without being liable to indictment, prosecution
of damages therefor, and repossess and enjoy said premises to-
gether with all additions, alternations and improvements. In any such
case or in the event that this lease be terminated before the com-
mencement of the term, as above provided, the Landlord may either
re-let the demised premises or any part or parts thereof for the Land-
lord’s own account, or may, at the Landlord’s option, re-let the de-
mised premises or any part or parts thereof as the agent of the Ten-
ant, and receive the rents therefor, apply the same first in the pay-
ment of such expenses as the Landlord may have incurred, and then
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in the fulfillment of the covenants of the Tenant herein, and the bal-
ance, if any, at the expiration of the term first above provided for,
shall be paid to the Tenant. Landlord may rent the premises for a
term extending beyond the term herby granted without releasing
Tenant from any liability. In the event that the term of this lease shall
expire as above in this subdivision “Sixth” provided or terminate by
summary proceedings or otherwise, and if the Landlord shall not re-
let the demised premises for the Landlord’s own account, then,
whether or not the premises be re-let, the Tenant shall remain
liable for, and Tenant hereby agrees to pay to the Landlord, until
the time when this lease would have expired but for such termi-
nation or expiration, the equivalent of the amount of all of the
rent and “additional rent” reserved herein, less the avails of re-
letting, if any, and the same shall be due and payable by the Tenant
to the Landlord on the several rent days above specified, that is,
upon each of such rent days the Tenant shall pay to the Landlord the
amount of deficiency then existing. The Tenant hereby expressly
waives any and all rights of redemption in case the Tenant shall he
dispossessed by judgment or warrant of any court or judge, and the
Tenant waives and will waive all right to trial by jury in any summary
proceedings hereafter instituted by the Landlord against the Tenant
in respect to the demised premises. . . . .(emphasis added)
10. By document entitled Extension Agreement dated February 9, 2021 (the
“First Amendment”), Plaintiffs’ predecessor and Tenant agreed that: (a) the term of the
Initial Store #1 Lease was extended through February 28, 2022 (b) Tenant agreed to pay
a reduced monthly Base Rent of $3,750.00; (c) Tenant reaffirmed its liability for Taxes;
(d) all other terms of the Initial Store #1 Lease would remain in full force and effect through
the extension.
11. By letter denominated as Rent Adjustment Agreement dated February 17,
2021 (the “Second Amendment”): (a) Plaintiffs’ predecessor and Tenant reaffirmed Ten-
ant’s liability for monthly Base Rent of $3,750.00; (b) Plaintiffs’ predecessor and Tenant
reaffirmed Tenant's liability for Taxes; and (c) Tenant agreed to pay $55,000.00 in rent
arrears by the end of the term on February 28, 2022.
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12. By letter dated July 23, 2021 (the “Third Amendment”), Plaintiffs’ predeces-
sor acknowledged payment of arrears bringing Tenant’s balance to $0.00 and Tenant
reaffirmed its obligation to pay Base Rent of $3,750.00 per month for July 1, 2021 through
February 28, 2022, plus Taxes and all other expenses set forth in the Initial Store #1
Lease.
13. By document entitled Fourth Amendment to Lease Agreement dated March
28, 2022 (the “Fourth Amendment”): (a) the lease term was extended from March 1, 2022
through August 31, 2027; (b) that Taxes were fixed at $526.15 per month through Febru-
ary 28, 2023, and thereafter, to be calculated as set forth in Article 41 of the Initial Store
#1 Lease; and (c) that Base Rent shall be paid as follows:
Period Monthly Fixed Rent
March 1, 2022 through $4,250.00
February 28, 2023
March 1, 2023 through $4,375.00
February 28, 2024
March 1, 2024 through $4,505.00
February 28, 2025
March 1, 2025 through $4,640.00
February 28, 2026
March 1, 2026 through $4,780.00
February 28, 2027
March 1, 2027 through Au- $4,925.00
gust 31, 2027
(the Initial Store #1 Lease, the First, Second, Third and Fourth Amendments are
collectively referred to as the “Store #1 Lease”).
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14. Pursuant to Rider Article 65 in the Initial Store #1 Lease, Tenant paid a
$15,750.00 security deposit to Plaintiffs’ predecessor, which deposit was transferred to
Plaintiffs.
B. Store #1 Guarantee
15. Article 60 of the Initial Store #1 Lease entitled Good Guy Guaranty of Lease
states, in pertinent part:
FOR VALUE RECEIVED, and in consideration for and as an induce-
ment to landlord make the within Lease with Tenant, Fadila-Lynda
Ouhenia Hudson who resides at 308 East 92 St, Apt. 5E, New York,
NY 10128 and whose Social Security Number is . . . .hereby uncon-
ditionally and absolutely (except as hereinafter provided) guarantees
to Landlord and Landlord’s successors and assigns, the perfor-
mance and observance of all the obligations, covenants, conditions,
and agreements provided for in the Lease and/or to be performed
and observed by Tenant pursuant to the lease. The foregoing Guar-
anty shall not be affected by any amendments to, extensions of
and/or modifications to the Lease. During the term of this lease, and
as long as the Tenant is in possession of the demised premises, the
signer of this lease and the principals of the company are, joint [sic]
and severally, PERSONALLY LIABLE FOR ANY OUTSTANDING
ARREARS, including, and limited [sic] to, rent, escalations, addi-
tional charges, electricity charges, late fees and rubbish removal
charges. If and when the Tenant notifies Landlord in writing that 1) it
is vacating the demised premises within 30 days of vacating no less
[sic] in writing, 2) retains no interest in any property remaining in the
demised premises, and 3) pays the Landlord all current outstanding
rent, taxes, additional expenses and carting charges and brings their
rent account to “0” (Zero) balance 4) returns the keys to the demised
premises (as well as any building keys) to the Landlord, the Tenant
and Guarantor are released from all obligations under the lease;
however, any amounts that fall within the time of the personal guar-
anty shall remain personally guaranteed. . . Guarantor agrees to
guarantee the Lease (“Good Guy”) for the time until the Tenant sur-
renders the premises to the Landlord. If tenant is still in rent default
after vacating space this guarantee shall remain personal and tenant
is personally liable for all outstanding debt on the space.
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16. Guarantor personally executed the Initial Store #1 Lease containing the
aforementioned Article 60 entitled Good Guy Guaranty of Lease on August 17, 2016 (see
Exhibit “A”).
17. Paragraph 11 of the Fourth Amendment entitled “Reaffirmation of Guaranty
of Lease” states:
The guarantor of the Lease, Fadila Lynda Ouhenia Hudson SSN:. . .
.(the “Guarantor”), hereby represents and warrants that all cove-
nants, agreements, terms and conditions of the Lease are in full force
and effect and are hereby, in all respects, ratified and confirmed. The
Guarantor consents to (i) the modification of the Lease as provided
herein; and (ii) [sic] to the modification of the Guaranty (as hereinafter
defined). The Guarantor confirms that the the Good Guy Guaranty
dated as of August 12, 2016 (the “Guaranty”), is in full force and ef-
fect without offset, claim, counterclaim or defense, and is hereby re-
affirmed.
18. Guarantor executed the Fourth Amendment as guarantor.
C. Nonpayment Proceeding On Store #1
19. On December 20, 2022, Plaintiffs filed a nonpayment proceeding against
Tenant for unpaid rent on Store #1 totaling $20,518.55 plus attorneys’ fees (the “Store #1
Nonpayment Proceeding”).
20. On January 27, 2023, Plaintiffs and Tenant executed a Stipulation in the
Store #1 Nonpayment Proceeding (the “Store #1 Stipulation”) whereby:
(a) The Petition was amended through January 31, 2023 to include ac-
crued Base Rent, Taxes and legal fees (“Legal Fees”) totaling
$30,399.30;
(b) Tenant consented to a possessory and money judgment of
$30,399.30 with issuance of a warrant and execution stayed so long
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as Tenant pays the $30,399.30 in arrears pursuant to the payment
schedule in the stipulation.
21. On February 7, 2023, the possessory and money judgment against Tenant
was entered in the amount of $30,399.30 (the “Store #1 Judgment”).
22. Tenant paid none of the $30,399.30 in the Store #1 Judgment.
23. Tenant has continued to accrue unpaid Base Rent, Taxes and Legal Fees.
24. Tenant remains in possession as of February 1, 2024.
25. Tenant has failed to pay the following sums accruing subsequent to execu-
tion of the Store #1 Stipulation:
Month Base Rent Taxes Payment Total
Balance
February 2023 $4,250.00 $526.15 $6,750.00 $-1,973.85
March 2023 $4,375.00 $526.15 N/A $2,927.30
April 2023 $4,375.00 $526.15 $6,750.00 $1,078.45
May 2023 $4,375.00 $526.15 $950.00 $5,029.60
June 2023 $4,375.00 $526.15 N/A $9,930.75
July 2023 $4,375.00 $403.14 $5,000.00 $9,708.89
August 2023 $4,375.00 $403.14 $12,500.00 $1,987.03
September 2023 $4,375.00 $403.14 N/A $6,765.17
October 2023 $4,375.00 $403.14 N/A $11,543.31
November 2023 $4,375.00 $403.14 N/A $16,321.45
December 2023 $4,375.00 $403.14 N/A $21,099.59
January 2024 $4,375.00 $403.14 N/A $25,877.73
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February 2024 $4,375.00 $403.14 N/A $30,655.87
TOTAL $30,655.87
D. Store #2 Lease
26. Plaintiffs’ predecessor and Tenant entered into a commercial lease denom-
inated as a License Agreement dated August 6, 2021 for “Commercial Store #2” in the
Building for a one (1) year term commencing September 1, 2021 through August 31, 2022
with base rent (“Base Rent”) at $4,000.00 per month through February 28, 2022 and
$4,500.00 for March 1, 2022 through August 31, 2022 (the “Initial Store #2 Lease” is
Exhibit “B”).
27. The Initial Store #2 Lease says that “Licensee agrees to pay all utilities di-
rectly to the utility providers” (hereinafter “Water/Sewer”).
28. On March 28, 2022, an amendment to the Initial Store #2 Lease was signed
(the “Store #2 Amendment”): (a) to extend the term from September 1, 2022 through
August 31, 2027; and (b) to set Base Rent as follows:
Period Monthly Fixed Rent
September 1, 2022 $4,750.00
through August 31, 2023
September 1, 2023 $4,890.00
through August 31, 2024
September 1, 2024 $5,035.00
through August 28, 2025
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September 1, 2025 $5,190.00
through August 28, 2026
September 1, 2026 $5,345.00
through August 28, 2027
(The Initial Store #2 Lease and Store #2 Amendment are referred to collectively as the
“Store #2 Lease”).
29. Paragraph 3 of the Store #2 Amendment states, in pertinent part:
. . Licensee shall continue to pay utilities directly to the utility providers.
30. Paragraph 4 of the Store #2 Amendment states:
Licensee shall continue to pay all additional rent and any other
charges for the Premises in accordance with the terms and provision
of the Original Lease and otherwise be bound by the terms thereof.
31. Tenant paid a $5,000.00 security deposit to Plaintiffs’ predecessor pursuant
to the Initial Store #2 Lease, which was transferred to Plaintiffs.
E. Store #2 Guarantee
32. The Initial Store #2 Lease includes a paragraph entitled “Guaranty” which
states, in pertinent part:
For value received, and in consideration for and as inducement to
Licensor [sic] to make this License [sic] with Licensee [sic], Fadila
Lynda Ouhenia-Hudson, who resides at 308 East 92 St., Unit 5E,
New York, NY 10128 and whose social security number is . . . hereby
unconditionally and absolutely (except as hereinafter provided) guar-
antees to Licensor [sic] and Licensors’ [sic] successors and assigns,
the performance and observance of al the obligations, covenants,
conditions, and agreements provided for in the License [sic] and /or
to be performed and observed by Licensee [sic] pursuant to the Li-
cense [sic]. The foregoing Guaranty shall not be affected by an
amendments to, extensions of and /or modifications to the License
[sic]. During the Term, and as long as the Licensee [sic] is in posses-
sion of the Premises, the signer of this License [sic] and the princi-
pals of the company are joint [sic], and severally PERSONALLY LI-
ABLE FOR ANY OUTSTANDING ARREARS, including and limited
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[sic] to rent, escalations, additional charges, electricity, late fees and
rubbish removal charges, if and when the Licensee [sic] notifies the
Licensor [sic] in writing that 1) it is vacating the Premises within 60
days of vacating no less [sic] in writing 2) retains no interest in the
property remaining in the Premises and 3) pays to Licensor [sic] all
current outstanding rent, taxes, additional expenses and carting
charges and brings their account to zero balance 4) returns the keys
to the Premises to the Licensor [sic], the Licensee [sic] and Guaran-
tor are released from all obligations under the License [sic]; however
any amounts that fall within the time of the personal guaranty shall
remain personally guaranteed. . . . Guarantor agrees to guarantee
the License [sic] ("Good Guy") for the time until Licensee [sic] sur-
renders the Premises to the Licensee [sic]. If Licensor [sic] is still in
rent default after vacating the Premises, this Guarantee shall remain
personal and Licensee [sic] is personally liable for all outstanding
debt.
33. Paragraph 13 of the Store #2 Amendment entitled “Reaffirmation of Guar-
anty of License” [sic] states:
The guarantor of the Lease, Fadila Lynda Ouhenia Hudson SSN:. . .
.(the “Guarantor”), hereby represents and warrants that all cove-
nants, agreements, terms and conditions of the License are in full
force and effect and are hereby, in all respects, ratified and con-
firmed. The Guarantor consents to (i) the modification of the License
as provided herein; and (ii) [sic] to the modification of the Guaranty
(as hereinafter defined). The Guarantor confirms that the the Good
Guy Guaranty dated as of August 6, 2021 (the “Guaranty”), is in full
force and effect without offset, claim, counterclaim or defense, and
is hereby re-affirmed.
34. Paragraph 4 of the Store #2 Assignment entitled “Reaffirmation of Guaranty
of Lease” states:
The guarantor of the License, Fadila Lynda Ouhenia Hudson SSN:.
. . .(the “Guarantor”), hereby represents and warrants that all cove-
nants, agreements, terms and conditions of the License are in full
force and effect and are hereby, in all respects, ratified and con-
firmed. The Guarantor consents to (i) the modification of the Lease
as provided herein; and (ii) [sic] to the modification of the Guaranty
(as hereinafter defined). The Guarantor confirms that the the Good
Guy Guaranty dated as of August 12, 2016 (the “Guaranty”), is in full
force and effect without offset, claim, counterclaim or defense, and
is hereby re-affirmed.
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35. Contrary to the Initial Store #2 Lease and the Store #2 Amendment, Tenant
did not arrange for Water/Sewer payments directly to provider, causing Plaintiff to be in-
voiced.
E. Nonpayment Proceeding On Store #2
36. On December 20, 2022, Plaintiffs filed a nonpayment proceeding against
Tenant for unpaid rent on Store #2 totaling $5,995.10 plus attorneys’ fees (the “Store #2
Nonpayment Proceeding”).
37. On January 27, 2023, Plaintiffs and Tenant executed a Stipulation in the
Store #2 Nonpayment Proceeding (the “Store #2 Stipulation”) whereby:
(a) The Petition was amended through January 31, 2023 to include
accrued Base Rent and Water/Sewer totaling $27,226.38 through
January 31, 2023;
(b) Tenant consented to a possessory and money judgment of
$27,226.38 with issuance of a warrant and execution stayed so
long as Tenant pays the $27,226.38 in arrears pursuant to the
payment schedule in the stipulation.
38. On February 7, 2023, the possessory and money judgment against Tenant
was entered in the amount of $27,226.38.
F. Assignment Of The Store #2 Lease
39. Plaintiffs and Tenant executed an Assignment and Assumption of Lease
Agreement dated September 8, 2023 (the “Store #2 Assignment”) whereby Tenant as-
signed its interest in the Store #2 Lease to La Librairie Kitchen & Cafe L.L.C. (the “Tenant-
Assignee”).
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40. Guarantor is signatory on the Store #2 Assignment on behalf of Tenant-
Assignee.
41. As of September 8, 2023, Tenant’s rent arrears totaled $42,156.03.
42. In consideration for the Store #2 Assignment, Tenant and/or Tenant-As-
signee made a $20,000.00 payment towards arrears on September 8, 2023 and a
$15,000.00 payment towards arrears on September 12, 2023, for a total payment of
$35,000.00, leaving an outstanding balance on Store #2 of $7,156.03.
43. Tenant-Assignee has accrued unpaid Base Rent and Water/Sewer of
$24,551.41 through February 1, 2024.
AS AND FOR A FIRST CAUSE OF ACTION
44. Plaintiffs repeat and reallege each and every above allegation as though fully
set forth below.
45. Pursuant to Article 60 in the Initial Store #1 Lease entitled Good Guy Guaranty
of Lease, as reaffirmed by Paragraph 11 of the Fourth Amendment entitled “Reaffirmation of
Good Guy Guaranty,” Guarantor is unconditionally liable for Tenant’s obligations pursuant to
the Store #1 Lease.
46. Pursuant to the Store #1 Judgment, Guarantor is liable for the judgment
amount of $30,399.30 comprised of Base Rent, Taxes and Legal Fees through January
31, 2023.
45. Pursuant to the Store #1 Lease, Tenant owes Base Rent and Taxes from Feb-
ruary 1, 2023 through February 1, 2024 totaling $30,655.87.
46. Plaintiffs request a judgment against Guarantor for the Store #1 Judgment of
$30,399.30, plus Base Rent and Taxes in Store #1 for February 1, 2023 through February 1,
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FILED: NEW YORK COUNTY CLERK 03/14/2024
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FILED: NEW YORK COUNTY CLERK 03/14/2024 11:41 AM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------x Index No. 150961/2024 92ND STREET 1 LLC, 92ND STREET 2 LLC, 92ND STREET 3 LLC, 92ND STREET 4 LLC, 92ND STREET 5 LLC, 92ND STREET 6 LLC, 92ND STREET 7 LLC, and 92ND STREET 8 LLC, CPLR 3215 NOTICE I Plaintiff, -against- FADILA LYNDA OUHENIA-HUDSON, Defendant. ____________..__.._______-___.....--..---.......--..---------------.._________--Ç PLEASE TAKE NOTICE THAT, pursuant to CPLR §3215, notice is hereby given that this constitutes an additional service of the accompanying Summons and Verified Complaint and Notice of Commencement of Action Subject to Mandatory Electronic Filing which notice are being made with or after service thereof upon the Defendant. Dated: New York, New York February 29, 2024 BORAH, G DS EIN, ALTSCHULER, NAHINS GOID , .C. By: Cr . otte, Esq. orneys for Plaintiff 377 Broadway New York, New York 10013 (212) 431-1300 x613 TO: FADILA LYNDA OUHENIA-HUDSON 55 Red Mill Road Cortlandt Manor, New York 10567 so °o"^µ"i, FADILA LYNDA OUHENIA-HUDSON ALTSCHULER, 72 Whippoorwhill Road East Armonk, New York 10503 co P.C. 177 BROADWAY 4Y, NY 10013-3993 212) 431-1300 1 of 45 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF NEW YORK -x SUMMONS 92ND STREET 1 LLC, 92ND STREET 2 LLC, 92ND STREET 3 LLC, 92ND STREET 4 LLC, 92ND STREET 5 Date filed: LLC, 92ND STREET6 LLC, 92ND STREET7 LLC, and 92ND STREET 8 LLC, Plaintiff designates New York County as the place of trial. Plaintiffs, -against- The basis of the venue is the location of real FADILA LYNDA OUHENIA-HUDSON, property that is the subject of this action. Defendant. TOTHE ABOVENAMEDDEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer or, if the complaint is not served with this summons, to serve Plaintiffs' a notice of appearance on the attorney within twenty (20) days after service of this summons, exclusive of the day of service (or within thirty [30] days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated:New York, New York February 1, 2024 BORAH, OLDSTEIN, ALTSCHULER, NAHI & GOlD P.C. By: / c ECR . LTSCHULER, ESQ. Atto eys for Plaintiffs 377 Broadway New York, New York 10013 (212) 431-1300 TO: FADILA LYNDA OUHENIA-HUDSON 55 Red Mill Road Cortlandt Manor, New York 10567 1 of 45 2 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ——————————————————————-X 92ND STREET 1 LLC, 92ND STREET 2 LLC, 92ND Index No.: STREET 3 LLC, 92ND STREET 4 LLC, 92ND STREET 5 LLC, 92ND STREET 6 LLC, 92ND STREET 7 LLC, VERIFIED COMPLAINT and 92ND STREET 8 LLC, Plaintiffs, —against— FADILA LYNDA OUHENIA-HUDSON, Defendants. -----------------------------------------------------------------------x Plaintiffs 92ND STREET 1 LLC, 92ND STREET 2 LLC, 92ND STREET 3 LLC, 92ND STREET 4 LLC, 92ND STREET 5 LLC, 92ND STREET 6 LLC, 92ND STREET 7 LLC, and 92ND STREET 8 LLC (collectively “Plaintiffs”), by its attorneys BORAH, GOLD- STEIN, ALTSCHULER, NAHINS & GOIDEL, P.C., as and for its Verified Complaint against FADILA LYNDA OUHENIA-HUDSON (the “Guarantor”) hereby allege as follows: 1. Plaintiffs are limited liability companies duly authorized to conduct business in the State of New York, and maintain their principal office at 224 West 35th Street, 11th Floor, New York, New York 10001. 2. Plaintiffs are the owners and landlord of the building located at 163 East 92nd Street, New York, New York 10012 (the “Building”). 3. Plaintiffs took title to the Building by deed dated December 31, 2021. 4. Upon information and belief, Guarantor is an individual over the age of 18 years and resides at 55 Red Mill Road, Cortlandt Manor, New York 10567. 5. Upon information and belief, Guarantor is a member of Tenant. 2 of 45 3 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 A. The Store #1 Lease 6. Plaintiffs’ predecessor-in-interest entered into a commercial lease with non- party commercial tenant LA LIBRAIRIE DES ENFANTS LLC (the “Tenant”) dated August 12, 2016 for “Retail Store #1 and Basement” of the Building (collectively “Store #1”) for a four (4) year term commencing September 1, 2016 and expiring August 31, 2021 with monthly base rent at $5,250.00 (“Base Rent”) that escalates each year (the initial lease is referred to as the “Initial Store #1 Lease” and attached at Exhibit “A"). 7. Upon information and belief, Guarantor is Tenant’s principal. 8. Pursuant to Article 41 in the Rider of the Initial Store #1 Lease, Tenant agreed to pay seven (7%) percent of the increase in Building’s real estate taxes above the base tax (“Taxes”). 9. Article Sixth states, in pertinent part, that Tenant remains liable for rent through the end of the term: If the Tenant shall make default in the payment of the rent reserved hereunder, or any item of “additional rent” herein mentioned, or any part of either or in making any other payment herein provided for, or if the notice last above provided for shall have been given and if the condition which was the basis of said notice shall exist at the expira- tion of said ten days’ period, the Landlord may immediately, or any time thereafter, re-enter the demised premises and remove all per- sons and all of any property therefrom, either by summary dispos- sess proceedings, or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution of damages therefor, and repossess and enjoy said premises to- gether with all additions, alternations and improvements. In any such case or in the event that this lease be terminated before the com- mencement of the term, as above provided, the Landlord may either re-let the demised premises or any part or parts thereof for the Land- lord’s own account, or may, at the Landlord’s option, re-let the de- mised premises or any part or parts thereof as the agent of the Ten- ant, and receive the rents therefor, apply the same first in the pay- ment of such expenses as the Landlord may have incurred, and then 2 3 of 45 4 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 in the fulfillment of the covenants of the Tenant herein, and the bal- ance, if any, at the expiration of the term first above provided for, shall be paid to the Tenant. Landlord may rent the premises for a term extending beyond the term herby granted without releasing Tenant from any liability. In the event that the term of this lease shall expire as above in this subdivision “Sixth” provided or terminate by summary proceedings or otherwise, and if the Landlord shall not re- let the demised premises for the Landlord’s own account, then, whether or not the premises be re-let, the Tenant shall remain liable for, and Tenant hereby agrees to pay to the Landlord, until the time when this lease would have expired but for such termi- nation or expiration, the equivalent of the amount of all of the rent and “additional rent” reserved herein, less the avails of re- letting, if any, and the same shall be due and payable by the Tenant to the Landlord on the several rent days above specified, that is, upon each of such rent days the Tenant shall pay to the Landlord the amount of deficiency then existing. The Tenant hereby expressly waives any and all rights of redemption in case the Tenant shall he dispossessed by judgment or warrant of any court or judge, and the Tenant waives and will waive all right to trial by jury in any summary proceedings hereafter instituted by the Landlord against the Tenant in respect to the demised premises. . . . .(emphasis added) 10. By document entitled Extension Agreement dated February 9, 2021 (the “First Amendment”), Plaintiffs’ predecessor and Tenant agreed that: (a) the term of the Initial Store #1 Lease was extended through February 28, 2022 (b) Tenant agreed to pay a reduced monthly Base Rent of $3,750.00; (c) Tenant reaffirmed its liability for Taxes; (d) all other terms of the Initial Store #1 Lease would remain in full force and effect through the extension. 11. By letter denominated as Rent Adjustment Agreement dated February 17, 2021 (the “Second Amendment”): (a) Plaintiffs’ predecessor and Tenant reaffirmed Ten- ant’s liability for monthly Base Rent of $3,750.00; (b) Plaintiffs’ predecessor and Tenant reaffirmed Tenant's liability for Taxes; and (c) Tenant agreed to pay $55,000.00 in rent arrears by the end of the term on February 28, 2022. 3 4 of 45 5 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 12. By letter dated July 23, 2021 (the “Third Amendment”), Plaintiffs’ predeces- sor acknowledged payment of arrears bringing Tenant’s balance to $0.00 and Tenant reaffirmed its obligation to pay Base Rent of $3,750.00 per month for July 1, 2021 through February 28, 2022, plus Taxes and all other expenses set forth in the Initial Store #1 Lease. 13. By document entitled Fourth Amendment to Lease Agreement dated March 28, 2022 (the “Fourth Amendment”): (a) the lease term was extended from March 1, 2022 through August 31, 2027; (b) that Taxes were fixed at $526.15 per month through Febru- ary 28, 2023, and thereafter, to be calculated as set forth in Article 41 of the Initial Store #1 Lease; and (c) that Base Rent shall be paid as follows: Period Monthly Fixed Rent March 1, 2022 through $4,250.00 February 28, 2023 March 1, 2023 through $4,375.00 February 28, 2024 March 1, 2024 through $4,505.00 February 28, 2025 March 1, 2025 through $4,640.00 February 28, 2026 March 1, 2026 through $4,780.00 February 28, 2027 March 1, 2027 through Au- $4,925.00 gust 31, 2027 (the Initial Store #1 Lease, the First, Second, Third and Fourth Amendments are collectively referred to as the “Store #1 Lease”). 4 5 of 45 6 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 14. Pursuant to Rider Article 65 in the Initial Store #1 Lease, Tenant paid a $15,750.00 security deposit to Plaintiffs’ predecessor, which deposit was transferred to Plaintiffs. B. Store #1 Guarantee 15. Article 60 of the Initial Store #1 Lease entitled Good Guy Guaranty of Lease states, in pertinent part: FOR VALUE RECEIVED, and in consideration for and as an induce- ment to landlord make the within Lease with Tenant, Fadila-Lynda Ouhenia Hudson who resides at 308 East 92 St, Apt. 5E, New York, NY 10128 and whose Social Security Number is . . . .hereby uncon- ditionally and absolutely (except as hereinafter provided) guarantees to Landlord and Landlord’s successors and assigns, the perfor- mance and observance of all the obligations, covenants, conditions, and agreements provided for in the Lease and/or to be performed and observed by Tenant pursuant to the lease. The foregoing Guar- anty shall not be affected by any amendments to, extensions of and/or modifications to the Lease. During the term of this lease, and as long as the Tenant is in possession of the demised premises, the signer of this lease and the principals of the company are, joint [sic] and severally, PERSONALLY LIABLE FOR ANY OUTSTANDING ARREARS, including, and limited [sic] to, rent, escalations, addi- tional charges, electricity charges, late fees and rubbish removal charges. If and when the Tenant notifies Landlord in writing that 1) it is vacating the demised premises within 30 days of vacating no less [sic] in writing, 2) retains no interest in any property remaining in the demised premises, and 3) pays the Landlord all current outstanding rent, taxes, additional expenses and carting charges and brings their rent account to “0” (Zero) balance 4) returns the keys to the demised premises (as well as any building keys) to the Landlord, the Tenant and Guarantor are released from all obligations under the lease; however, any amounts that fall within the time of the personal guar- anty shall remain personally guaranteed. . . Guarantor agrees to guarantee the Lease (“Good Guy”) for the time until the Tenant sur- renders the premises to the Landlord. If tenant is still in rent default after vacating space this guarantee shall remain personal and tenant is personally liable for all outstanding debt on the space. 5 6 of 45 7 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 16. Guarantor personally executed the Initial Store #1 Lease containing the aforementioned Article 60 entitled Good Guy Guaranty of Lease on August 17, 2016 (see Exhibit “A”). 17. Paragraph 11 of the Fourth Amendment entitled “Reaffirmation of Guaranty of Lease” states: The guarantor of the Lease, Fadila Lynda Ouhenia Hudson SSN:. . . .(the “Guarantor”), hereby represents and warrants that all cove- nants, agreements, terms and conditions of the Lease are in full force and effect and are hereby, in all respects, ratified and confirmed. The Guarantor consents to (i) the modification of the Lease as provided herein; and (ii) [sic] to the modification of the Guaranty (as hereinafter defined). The Guarantor confirms that the the Good Guy Guaranty dated as of August 12, 2016 (the “Guaranty”), is in full force and ef- fect without offset, claim, counterclaim or defense, and is hereby re- affirmed. 18. Guarantor executed the Fourth Amendment as guarantor. C. Nonpayment Proceeding On Store #1 19. On December 20, 2022, Plaintiffs filed a nonpayment proceeding against Tenant for unpaid rent on Store #1 totaling $20,518.55 plus attorneys’ fees (the “Store #1 Nonpayment Proceeding”). 20. On January 27, 2023, Plaintiffs and Tenant executed a Stipulation in the Store #1 Nonpayment Proceeding (the “Store #1 Stipulation”) whereby: (a) The Petition was amended through January 31, 2023 to include ac- crued Base Rent, Taxes and legal fees (“Legal Fees”) totaling $30,399.30; (b) Tenant consented to a possessory and money judgment of $30,399.30 with issuance of a warrant and execution stayed so long 6 7 of 45 8 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 as Tenant pays the $30,399.30 in arrears pursuant to the payment schedule in the stipulation. 21. On February 7, 2023, the possessory and money judgment against Tenant was entered in the amount of $30,399.30 (the “Store #1 Judgment”). 22. Tenant paid none of the $30,399.30 in the Store #1 Judgment. 23. Tenant has continued to accrue unpaid Base Rent, Taxes and Legal Fees. 24. Tenant remains in possession as of February 1, 2024. 25. Tenant has failed to pay the following sums accruing subsequent to execu- tion of the Store #1 Stipulation: Month Base Rent Taxes Payment Total Balance February 2023 $4,250.00 $526.15 $6,750.00 $-1,973.85 March 2023 $4,375.00 $526.15 N/A $2,927.30 April 2023 $4,375.00 $526.15 $6,750.00 $1,078.45 May 2023 $4,375.00 $526.15 $950.00 $5,029.60 June 2023 $4,375.00 $526.15 N/A $9,930.75 July 2023 $4,375.00 $403.14 $5,000.00 $9,708.89 August 2023 $4,375.00 $403.14 $12,500.00 $1,987.03 September 2023 $4,375.00 $403.14 N/A $6,765.17 October 2023 $4,375.00 $403.14 N/A $11,543.31 November 2023 $4,375.00 $403.14 N/A $16,321.45 December 2023 $4,375.00 $403.14 N/A $21,099.59 January 2024 $4,375.00 $403.14 N/A $25,877.73 7 8 of 45 9 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 February 2024 $4,375.00 $403.14 N/A $30,655.87 TOTAL $30,655.87 D. Store #2 Lease 26. Plaintiffs’ predecessor and Tenant entered into a commercial lease denom- inated as a License Agreement dated August 6, 2021 for “Commercial Store #2” in the Building for a one (1) year term commencing September 1, 2021 through August 31, 2022 with base rent (“Base Rent”) at $4,000.00 per month through February 28, 2022 and $4,500.00 for March 1, 2022 through August 31, 2022 (the “Initial Store #2 Lease” is Exhibit “B”). 27. The Initial Store #2 Lease says that “Licensee agrees to pay all utilities di- rectly to the utility providers” (hereinafter “Water/Sewer”). 28. On March 28, 2022, an amendment to the Initial Store #2 Lease was signed (the “Store #2 Amendment”): (a) to extend the term from September 1, 2022 through August 31, 2027; and (b) to set Base Rent as follows: Period Monthly Fixed Rent September 1, 2022 $4,750.00 through August 31, 2023 September 1, 2023 $4,890.00 through August 31, 2024 September 1, 2024 $5,035.00 through August 28, 2025 8 10 9 of of 16 45 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 September 1, 2025 $5,190.00 through August 28, 2026 September 1, 2026 $5,345.00 through August 28, 2027 (The Initial Store #2 Lease and Store #2 Amendment are referred to collectively as the “Store #2 Lease”). 29. Paragraph 3 of the Store #2 Amendment states, in pertinent part: . . Licensee shall continue to pay utilities directly to the utility providers. 30. Paragraph 4 of the Store #2 Amendment states: Licensee shall continue to pay all additional rent and any other charges for the Premises in accordance with the terms and provision of the Original Lease and otherwise be bound by the terms thereof. 31. Tenant paid a $5,000.00 security deposit to Plaintiffs’ predecessor pursuant to the Initial Store #2 Lease, which was transferred to Plaintiffs. E. Store #2 Guarantee 32. The Initial Store #2 Lease includes a paragraph entitled “Guaranty” which states, in pertinent part: For value received, and in consideration for and as inducement to Licensor [sic] to make this License [sic] with Licensee [sic], Fadila Lynda Ouhenia-Hudson, who resides at 308 East 92 St., Unit 5E, New York, NY 10128 and whose social security number is . . . hereby unconditionally and absolutely (except as hereinafter provided) guar- antees to Licensor [sic] and Licensors’ [sic] successors and assigns, the performance and observance of al the obligations, covenants, conditions, and agreements provided for in the License [sic] and /or to be performed and observed by Licensee [sic] pursuant to the Li- cense [sic]. The foregoing Guaranty shall not be affected by an amendments to, extensions of and /or modifications to the License [sic]. During the Term, and as long as the Licensee [sic] is in posses- sion of the Premises, the signer of this License [sic] and the princi- pals of the company are joint [sic], and severally PERSONALLY LI- ABLE FOR ANY OUTSTANDING ARREARS, including and limited 9 10 of 45 11 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 [sic] to rent, escalations, additional charges, electricity, late fees and rubbish removal charges, if and when the Licensee [sic] notifies the Licensor [sic] in writing that 1) it is vacating the Premises within 60 days of vacating no less [sic] in writing 2) retains no interest in the property remaining in the Premises and 3) pays to Licensor [sic] all current outstanding rent, taxes, additional expenses and carting charges and brings their account to zero balance 4) returns the keys to the Premises to the Licensor [sic], the Licensee [sic] and Guaran- tor are released from all obligations under the License [sic]; however any amounts that fall within the time of the personal guaranty shall remain personally guaranteed. . . . Guarantor agrees to guarantee the License [sic] ("Good Guy") for the time until Licensee [sic] sur- renders the Premises to the Licensee [sic]. If Licensor [sic] is still in rent default after vacating the Premises, this Guarantee shall remain personal and Licensee [sic] is personally liable for all outstanding debt. 33. Paragraph 13 of the Store #2 Amendment entitled “Reaffirmation of Guar- anty of License” [sic] states: The guarantor of the Lease, Fadila Lynda Ouhenia Hudson SSN:. . . .(the “Guarantor”), hereby represents and warrants that all cove- nants, agreements, terms and conditions of the License are in full force and effect and are hereby, in all respects, ratified and con- firmed. The Guarantor consents to (i) the modification of the License as provided herein; and (ii) [sic] to the modification of the Guaranty (as hereinafter defined). The Guarantor confirms that the the Good Guy Guaranty dated as of August 6, 2021 (the “Guaranty”), is in full force and effect without offset, claim, counterclaim or defense, and is hereby re-affirmed. 34. Paragraph 4 of the Store #2 Assignment entitled “Reaffirmation of Guaranty of Lease” states: The guarantor of the License, Fadila Lynda Ouhenia Hudson SSN:. . . .(the “Guarantor”), hereby represents and warrants that all cove- nants, agreements, terms and conditions of the License are in full force and effect and are hereby, in all respects, ratified and con- firmed. The Guarantor consents to (i) the modification of the Lease as provided herein; and (ii) [sic] to the modification of the Guaranty (as hereinafter defined). The Guarantor confirms that the the Good Guy Guaranty dated as of August 12, 2016 (the “Guaranty”), is in full force and effect without offset, claim, counterclaim or defense, and is hereby re-affirmed. 10 11 of 45 12 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 35. Contrary to the Initial Store #2 Lease and the Store #2 Amendment, Tenant did not arrange for Water/Sewer payments directly to provider, causing Plaintiff to be in- voiced. E. Nonpayment Proceeding On Store #2 36. On December 20, 2022, Plaintiffs filed a nonpayment proceeding against Tenant for unpaid rent on Store #2 totaling $5,995.10 plus attorneys’ fees (the “Store #2 Nonpayment Proceeding”). 37. On January 27, 2023, Plaintiffs and Tenant executed a Stipulation in the Store #2 Nonpayment Proceeding (the “Store #2 Stipulation”) whereby: (a) The Petition was amended through January 31, 2023 to include accrued Base Rent and Water/Sewer totaling $27,226.38 through January 31, 2023; (b) Tenant consented to a possessory and money judgment of $27,226.38 with issuance of a warrant and execution stayed so long as Tenant pays the $27,226.38 in arrears pursuant to the payment schedule in the stipulation. 38. On February 7, 2023, the possessory and money judgment against Tenant was entered in the amount of $27,226.38. F. Assignment Of The Store #2 Lease 39. Plaintiffs and Tenant executed an Assignment and Assumption of Lease Agreement dated September 8, 2023 (the “Store #2 Assignment”) whereby Tenant as- signed its interest in the Store #2 Lease to La Librairie Kitchen & Cafe L.L.C. (the “Tenant- Assignee”). 11 12 of 45 13 16 FILED: NEW YORK COUNTY CLERK 03/14/2024 02/01/2024 11:41 03:52 AM PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 03/14/2024 02/01/2024 40. Guarantor is signatory on the Store #2 Assignment on behalf of Tenant- Assignee. 41. As of September 8, 2023, Tenant’s rent arrears totaled $42,156.03. 42. In consideration for the Store #2 Assignment, Tenant and/or Tenant-As- signee made a $20,000.00 payment towards arrears on September 8, 2023 and a $15,000.00 payment towards arrears on September 12, 2023, for a total payment of $35,000.00, leaving an outstanding balance on Store #2 of $7,156.03. 43. Tenant-Assignee has accrued unpaid Base Rent and Water/Sewer of $24,551.41 through February 1, 2024. AS AND FOR A FIRST CAUSE OF ACTION 44. Plaintiffs repeat and reallege each and every above allegation as though fully set forth below. 45. Pursuant to Article 60 in the Initial Store #1 Lease entitled Good Guy Guaranty of Lease, as reaffirmed by Paragraph 11 of the Fourth Amendment entitled “Reaffirmation of Good Guy Guaranty,” Guarantor is unconditionally liable for Tenant’s obligations pursuant to the Store #1 Lease. 46. Pursuant to the Store #1 Judgment, Guarantor is liable for the judgment amount of $30,399.30 comprised of Base Rent, Taxes and Legal Fees through January 31, 2023. 45. Pursuant to the Store #1 Lease, Tenant owes Base Rent and Taxes from Feb- ruary 1, 2023 through February 1, 2024 totaling $30,655.87. 46. Plaintiffs request a judgment against Guarantor for the Store #1 Judgment of $30,399.30, plus Base Rent and Taxes in Store #1 for February 1, 2023 through February 1, 12 13 of 45 14 16 FILED: NEW YORK COUNTY CLERK 03/14/2024