Preview
FILED: KINGS COUNTY CLERK 06/14/2024 09:38 AM INDEX NO. 516496/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/14/2024
HubBKLLC
NYC, LLC
c/o Steiner
15 Washington Avenue
Brooklyn, NewYork 11205
December 18, 2023
Via FedEx
Schermerhorn Care LLC
68 Flatbush Avenue
Brooklyn, New York 11217
Attention: Samuel Fisch
Re: DEMAND
TO REPLENISHSECURITYDEPOSIT - 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, New York
Ladies and Gentlemen:
Reference is hereby madeto (i) the Lease, (ii) the Lease Guaranty Rider ("Guaranty") attached
to the Lease executed by Medrite Midtown West LLC ("Guarantor") in favor of Landlord, and (iii)
the notice of default dated November 21, 2023 ("November Default Notice") sent by Landlord to
Tenant and Guarantor. Capitalized terms used and not otherwise defined herein shall have the
respective meanings ascribed thereto in the Lease.
Pursuant to the November Default Notice and in accordance with the Lease, notice is hereby
given that on December 2023 Landlord drew on the Security Deposit in the amount of $93,094.60
5,
and applied such amount to the payment of (i) the Outstanding Sums (as defined in the November
Default Notice) in the amount of $63,697.06, and (ii) Tenant's regularly scheduled payment of Rent
that was due (but not paid) on December 1, 2023 in the amount of $29,397.54 (consisting of monthly
Base Rent for the month of December, 2023 in the amount of $28,062.72, (b) estimated Retail Share
of Common Area Costs for the month of December, 2023 in the amount of $904.19, and (c) estimated
Building Share of Taxes for the month of December, 2023 in the amount of $430.63). Pursuant to
Section 37(d) of the Lease, demandis hereby made that 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
of the date hereof.
and as Tenant and Guarantor have previously been notified in a notice of default
In addition,
dated June 20, 2023 and in the November Default Notice, an Event of Default is continuing pursuant
to Section 25(a)(v) of the Lease due to Tenant's failure to have delivered to Landlord the Security
Deposit in the form of a Letter of Credit as contemplated in Section 37 of the Lease. As of the date
hereof, Landlord still has not received the Letter of Credit despite having approved the form thereof
provided to Landlord. Upon receipt of the Letter of Credit by Landlord, Landlord shall promptly return
Med-RiteDemandToReplenishSecurity231218.docx
FILED: KINGS COUNTY CLERK 06/14/2024 09:38 AM INDEX NO. 516496/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/14/2024
Schermerhorn Care LLC
December 18, 2023
Page 2 of 2
to Tenant the temporary cash Security Deposit (to the extent not applied in accordance with the
provisions of the Lease, including, without limitation, as contemplated above in this letter).
Nothing herein shall constitute a waiver or release of any rights and remedies available to
Landlord under the Lease, Guaranty, and/or at law and/or in equity, all of which Landlord hereby
expressly reserves.
Sincerely,
HubBKLLC
By:
Douglas C. emer
Authorized Signatory
cc: (via FedEx):
Schermerhorn Care LLC
46 Main St., Suite 148
Monsey, New York 10952
Attn: Samuel Fisch
Joseph J. Haspel, PLLC
39 Casimer Road
Middletown, NY 10941
Attention: Matthew Blank, Esq.
Medrite Midtown West LLC
68 Flatbush Avenue
Brooklyn, New York 11217
Attention: Samuel Fisch
Med-Rite DemandToReplenishSecurity231218.docx
FILED: KINGS COUNTY CLERK 06/14/2024 09:38 AM INDEX NO. 516496/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/14/2024
invoice Number Date
Invoice AccountNunber Page
8-357-37672 Dec25 023 2897-0145 1
2ý
FedEx Express ShipmentDetallBy Payor Type (Original)
ShipDate et 18, 2023 castastaMedriteDefault Notice RefJ2:
Payon@lMMr EstA%s
keÍ Su harge - edËxItasappliedafueisurchargeof 15.50%toEis ipment
* DistanceBasedPridng, Zone2
* PackageDeliveredto RedpientAddress-ReleaseAuthofited
Automation INET Sender Redplent
774526545839 DougSteiner SamuelFisch
Tracking ID
Service Type FedEx Priority Overnight STEINERSTUDIOS Schermerhorn Care LLC
Package Type FedEx Envelope 15 Washington Avenue 68 Flatbush Avenue
Zone 02 BROOKLYN NY11205 US BROOKLYN NY11217 US
Packages 1
Rated Weight N/A
Delivered Dec 19, 2023 11$1 Transportation Charge 30.25
Sve Area A2 Discount -8.47
Signed by see above
000000000/186/02
Fuel Surcharge
TotalCharge
_ USD
3.38
$2546
FedEx yse
sidp0ate@ec W453 CastRdMe He UdpeNo re Refk2:
........... .................. ................. .. ... .... .... .. . . .... .. . . . ..... .. .. . ... .. ... . . . . . . .., , ... . . ................... ........... ... .. ., a
" FuelSurcharge-FedExhasappliedafuelsurchargeof15.50%to thisshipment.
* DistanceBasedPricing,Zone2
Automation INET Sender Recipient
774526709527 DougSteiner SamuelFish
Tracking ID
Service Type FedEx Priority Overnight STEINERSTUDIOS Schermerhorn Care LLC
Package Type FedEx Envelope 15 Washington Avenue 46 Main Street
Zone 02 BROOKLYN NY11205 US MONSEY NY 10952 US
Packages 1
Rated Weight N/A
Delivered Dec 19, 2023 11:13 Transportation Charge 30.25
Svc Area A2 Discount -8.47
Signed by M.MAZEL Fuel Surcharge
FedEx Use 000000000/186/- TotalCharge S $2546
JAN032024
STEINER
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1357-01-00..0015893-0002-0031525
FILED: KINGS COUNTY CLERK 06/14/2024 09:38 AM INDEX NO. 516496/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/14/2024
invoice Number . Invoice Date Account Number Page
3 éf 3
8-357-37672 Dec 25,2023 2897-0145-1
lilfDIN 0C Sy 1023 ISR. 4 WI eDeMadNatit|sir Bilime
" FuelSurcharge-FedExhasapplied afuel surchargeof 15.50%tothis shipment
* DistanceBasedPricing,Zone2
* PackageDeliveredto RecipientAddress- ReleaseAuthorized
Automation INET Sender Redplent
Tracking ID M4526811427 DougSteiner Matthew Blank, Esq.
Service Type FedEx Priority Overnight STEINERSTUDIOS Joseph J. Haspel, PLLC
Package Type FedEx Envelope 15 Washington Avenue 39 Casimer Road
Zone 02 8ROOKLYNNY
11205 US MIDDLETOWNMY
10941 US
Packages 1
Rated Weight N/A Transportation Charge 30.25
Delivered Dec 19, 20230995 Discount -847
Syc Area A2 FuelSurcharge 4,27
Signed by see above Residential DeKver 5.80
ed7yse 0000q000@/}§§{q2 T artge $ 5
passece te,298 outm&eteseedavitserme aeram
* FuelSurcharge-fedEx hasappliede fuetsurchargeof15.50%tothis shipment.
* DistanceBasedPricing,Zone2
" PackageDeliveredto RecipientAddress- ReleaseAuthorized
Automation INET Sander Redplent
774526979404 DougSteiner Samuel Fisch
Tracking ID
Service Type FedEx Priority Overnight STEINERSTUDIOS Medrite Midtown WestLLC
Package Type FedEx Envelope 15 Washington Avenue 68 Flatbush Avenue
Zone 02 BROOKLYNNY
11205 US NY112U US
BROOKLYN
Packages 1
Rated Weight N/A
Delivered Dec 19, 2023 11:31 Transportation Charge 30.25
Svc Area A2 Discount -8.47
Signed by see above Fuel Surcharge
FedEx Use 000000000/186/02 TotalCharge USD $25A6
Shipper Subtotal USD $107.33
TotalFedEx Express USD $107.33
JAN 8 3 2024
STEINER
1357-01-004015893-0001-0031524
FILED: KINGS COUNTY CLERK 06/14/2024 09:38 AM INDEX NO. 516496/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/14/2024
April 18, 2024
Dear Customer,
The following is the proof-of-delivery for tracking number: 774526979404
Derivery Information:
Status: Delivered Delivered To:
Signed for by: Signature release on file Delivery Location:
Service type: FedEx Priority Ovemight
Special Handling: Deliver Weekday BROOKLYN,NY,
Delivery date: Dec 19, 2023 11:31
ShIppIng Information:
TracIdng number: 774526979404 Ship Date: Dec 18, 2023
Weight 0.5 LB/0.23 KG
Recipient: Shipper
BROOKLYN,NY, US, BROOKLYN,NY, US,
Reference Medrite Default Notice
Proof-of-delivery details appear below; however, no signature is available for this FedEx Express shipment
because a signature was not required.
FILED: KINGS COUNTY CLERK 06/14/2024 09:38 AM INDEX NO. 516496/2024
NYSCEF DOC. NO. e 6 X ^pri'
RECEIVED NYSCEF: 06/14/2024
'8· 2024
Dear Customer,
The following is the proof-of-delivery for tracking number: 774526811427
Delivery Information:
Status: Delivered Delivered To: Residence
Signed for by: Signature not required Delivery Location:
Service type: FedEx Priority Ovemight
Special Handling: Deliver Weekday;
Residential Delivery
MIDDLETOWN,
NY,
Delivery date: Dec 19, 2023 09:05
Shipping Information:
Tracking number: 774526811427 Ship Date: Dec 18, 2023
Weight 0.5 LB/0.23 KG
Recipient: Shipper-
MIDDLETOWN,
NY, US, BROOKLYN,NY, US,
Reference Medrite Default Notice
Proof-of-delivery details appear below; however, no signature is available for this FedEx Express shipment
because a signature was not required.
MX
FILED: KINGS COUNTY CLERK 06/14/2024 09:38 AM
NYSCEF DOC. NO. e 6
INDEX NO. 516496/2024
RECEIVED NYSCEF: 06/14/2024
Aprii18, 2024
Dear Customer,
The following is the proof-of-delivery for tracking number: 774526709527
Delivery Information:
Status: Delivered Delivered To: Receptionist/Front Desk
Signed for by: M.MAZEL Delivery Location:
Service type: FedEx Priority Ovemight
Special Handling: Deliver Weekday
MONSEY,NY,
Deilvery date: Dec 19, 2023 11:13
Shipping InformatIon:
Tracidng number: 774526709527 Ship Date: Dec 18, 2023
Weight"
0.5 LB/0.23 KG
Recipient: Shipper-
MONSEY,NY, US, BROOKLYN,NY, US,
Reference Medrite Default Notice
FedEx Express proof-of-delivery details appear below; however, no signature is currently available for this
shipment. Please check again iater for a signature.
FILED: KINGS COUNTY CLERK 06/14/2024 09:38 AM INDEX NO. 516496/2024
FecEx
NYSCEF DOC. NO. 6 April
RECEIVED NYSCEF: 06/14/2024
18, 2024
Dear Customer,
The following is the proof-of-delivery for tracking number: 774526545839
Delivery Information:
Status: Delivered Delivered To:
Signed for by: Signature release on file Delivery Location:
Service type: FedEx Priority Ovemight
Special Handling: Deliver Weekday BROOKLYN,NY,
Delivery date: Dec 19, 2023 11:31
Shipping Information:
Tracidng number 774526545839 Ship Date: Dec 18, 2023
‚eIght 0.5 LB/0.23 KG
Recipient Shipper
BROOKLYN,NY, US, BROOKLYN,NY, US,
Reference Medrite Default Notice
Proof-of-delivery details appear below; however, no signature is available for this FedEx Express shipment
because a signature was not required.