On June 14, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Hubbk Llc,
and
Medrite Midtown West Llc,
Schermerhorn Care Llc D B A Medrite Urgent Care,
for Real Property - Other (Breach of Lease/Guaranty)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 06/14/2024 09:38 AM INDEX NO. 516496/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/14/2024
HubBKLLC
c/o Steiner NYC, LLC
15 Washington Avenue
Brooklyn, NewYork 11205
March 7, 2024
Via FedEx
Schermerhorn Care LLC
68 Flatbush Avenue
Brooklyn, NewYork 11217
Attention: Samuel Fisch
Re: NOTICE OF DEFAULTANDDEMANDTO REPLENISH SECURITY
DEPOSIT- Lease, dated December 23, 2021 ("Lease"), between HubBKLLC
("Landlord") and Schermerhorn Care LLC ("Tenant") pursuant to which Tenant
leased 3,195 rentable square feet of space ("Premises") in the retail area of the
building known as Hub, 333 Schermerhorn Street, Brooklyn, NewYork
Ladies and Gentlemen:
Reference is hereby made to (i) the Lease, and (ii) the Lease Guaranty Rider ("Guaranty")
attached to the Lease executed by Medrite Midtown West LLC ("Guarantor") in favor of
Landlord. Capitalized terms used and not otherwise defined herein shall have the respective
meanings ascribed thereto in the Lease.
As Tenant was informed in Landlord's letter to Tenant dated December 18, 2023 (the
"December Notice"), Landlord previously drew on the Security Deposit under the Lease in the
amount of $93,094.60 and applied such amount to the payment of outstanding sums, together with
interest and service fees thereon, as more particularly set forth in the December Notice. Demand
was also made in the December Notice that, pursuant Section 37(d) of the Lease, Tenant promptly
deposit with Landlord the sum of $93,094.60 to restore the Security Deposit to its full amount of
$200,000 within ten (10) days. To date, the Security Deposit has not been so replenished and an
Event of Default under the Lease is continuing on account thereof.
Landlord hereby notifies Tenant and Guarantor that additional Events of Default have
occurred and are continuing pursuant to Section 25(a)(i) of Lease in connection with Tenant's
failure to timely pay the following:
(i) Tenant's (a) estimated Retail Share of CommonArea Costs for the month of
January, 2024 in the amount of $100.41, and (b) estimated Building Share of Taxes
- March2024.docx
Document Filed Date
June 14, 2024
Case Filing Date
June 14, 2024
Category
Real Property - Other (Breach of Lease/Guaranty)
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