Preview
INDEX NO. 510577/2015
(FILED: KINGS COUNTY CLERK 0872772015 02:03 PM
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 08/27/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ee ee eee nnnne nen rncen nen men nnn
DANIEL MECHANIC, DEVORAH MECHANIC, and Index No.
LOUIS ZAUDERER,
Plaintiffs, AFFIDAVIT IN SUPPORT
-against- OF SUMMARY
JUDGMENT MOTION
IN LIEU OF COMPLAINT
OF PURSUANT TO CPLR
§3213
90 NORTH 5" ST. LLC, JUDAH SEPTIMUS, and
ARON GERTZ,
Defendants.
oo a “X
STATE OF NEW YORK }
COUNTY OF NEW YORK}
LOUIS ZAUDERER, affirms the following under penalty of perjury:
1 | am a plaintiff in the above entitled action and am fully familiar with the
facts set forth herein.
2 | submit this affidavit in support of this Motion for Summary Judgment in Lieu of
a Complaint Pursuant to CPLR §3213.
3 | am seeking a judgment against defendant 90 NORTH Sth ST. LLC, a
domestic limited liability company with offices at 5417 18" Avenue, Brooklyn, New York, as
the result of the LLC’s failure to make a principal payment of $300,000, and accrued
interest at the rate of twelve (12%) percent per annum, due on July 14, 2009, pursuant to a
Promissory Note for the loan sum of $300,000, dated January 15, 2009 (the “Note”).
4 lam seeking a judgment against defendant JUDAH SEPTIMUS (“Septimus”),
with a last known address at 5417 18'" Avenue, Brooklyn, New York 11204, as a personal
guarantor of payment on the Note.
5. | am seeking a judgment against defendant ARON GERTZ (‘Gertz’), with a last
known address at 1401 Ocean Avenue, Apt. 14 —1, Brooklyn, New York 11230-3990, as a
personal guarantor of payment on the Note.
6 On or about January 15, 2009, | loaned 90 NORTH 5th ST. LLC the sum of
$300,000.
7 On or about January 15, 2009, Septimus, as Managing Member of 90 NORTH
5th ST. LLC, signed the Note on behalf of 90 NORTH 5th ST. LLC, and promised to me the
principal pavment of $300,000, together with accrued interest at the rate of twelve (12%)
percent per annum, on July 14, 2009. A copy of the Note is annexed hereto as Exhibit “A”
and is incorporated by reference herein.
8 On or about January 15, 2009, defendants Septimus and Gertz executed a
Guaranty of 90 NORTH 5th ST. LLC’s indebtedness to me, pursuant to the $300,000 Note.
A copy of the Guaranty is annexed hereto as Exhibit “B” (the “Guaranty’).
9 | relied upon the personal guaranties of Septimus and Gertz in making the
loan.
10. On July 14, 2009, 90 NORTH 5th ST. LLC failed to pay the principal due of
$300,000, together with accrued interest at the rate of twelve (12%) percent per annum.
44. 90 NORTH Sth ST. LLC is in default of the Note.
12. Pursuant to the Note and the Guaranty, there is now due and owing the
principal sum of $257,075 together with all accrued interest from January 1, 2012 to May 1,
2015, totaling $105,400.75, plus reasonable attorneys fees and costs.
WHEREFORE, it is respectfully requested that the Court issue an order granting
plaintiffs Motion for Summary Judgment in Lieu of Complaint on the Note, plus interest,
reasonable attorneys fees and costs, together with such other and further relief as is just
and proper.
gun
LOUIS UDERER
Affirmed to before me this
7
day of weg , 2015
enn oro
Eu
NOTARY PUBL Svar NEW YORK
queue Neon LAN COUNTY,
COMMIS! RES , 2019
en
Preview
INDEX NO. 510577/2015 (FILED: KINGS COUNTY CLERK 0872772015 02:03 PM NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 08/27/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ee ee eee nnnne nen rncen nen men nnn DANIEL MECHANIC, DEVORAH MECHANIC, and Index No. LOUIS ZAUDERER, Plaintiffs, AFFIDAVIT IN SUPPORT -against- OF SUMMARY JUDGMENT MOTION IN LIEU OF COMPLAINT OF PURSUANT TO CPLR §3213 90 NORTH 5" ST. LLC, JUDAH SEPTIMUS, and ARON GERTZ, Defendants. oo a “X STATE OF NEW YORK } COUNTY OF NEW YORK} LOUIS ZAUDERER, affirms the following under penalty of perjury: 1 | am a plaintiff in the above entitled action and am fully familiar with the facts set forth herein. 2 | submit this affidavit in support of this Motion for Summary Judgment in Lieu of a Complaint Pursuant to CPLR §3213. 3 | am seeking a judgment against defendant 90 NORTH Sth ST. LLC, a domestic limited liability company with offices at 5417 18" Avenue, Brooklyn, New York, as the result of the LLC’s failure to make a principal payment of $300,000, and accrued interest at the rate of twelve (12%) percent per annum, due on July 14, 2009, pursuant to a Promissory Note for the loan sum of $300,000, dated January 15, 2009 (the “Note”). 4 lam seeking a judgment against defendant JUDAH SEPTIMUS (“Septimus”), with a last known address at 5417 18'" Avenue, Brooklyn, New York 11204, as a personal guarantor of payment on the Note. 5. | am seeking a judgment against defendant ARON GERTZ (‘Gertz’), with a last known address at 1401 Ocean Avenue, Apt. 14 —1, Brooklyn, New York 11230-3990, as a personal guarantor of payment on the Note. 6 On or about January 15, 2009, | loaned 90 NORTH 5th ST. LLC the sum of $300,000. 7 On or about January 15, 2009, Septimus, as Managing Member of 90 NORTH 5th ST. LLC, signed the Note on behalf of 90 NORTH 5th ST. LLC, and promised to me the principal pavment of $300,000, together with accrued interest at the rate of twelve (12%) percent per annum, on July 14, 2009. A copy of the Note is annexed hereto as Exhibit “A” and is incorporated by reference herein. 8 On or about January 15, 2009, defendants Septimus and Gertz executed a Guaranty of 90 NORTH 5th ST. LLC’s indebtedness to me, pursuant to the $300,000 Note. A copy of the Guaranty is annexed hereto as Exhibit “B” (the “Guaranty’). 9 | relied upon the personal guaranties of Septimus and Gertz in making the loan. 10. On July 14, 2009, 90 NORTH 5th ST. LLC failed to pay the principal due of $300,000, together with accrued interest at the rate of twelve (12%) percent per annum. 44. 90 NORTH Sth ST. LLC is in default of the Note. 12. Pursuant to the Note and the Guaranty, there is now due and owing the principal sum of $257,075 together with all accrued interest from January 1, 2012 to May 1, 2015, totaling $105,400.75, plus reasonable attorneys fees and costs. WHEREFORE, it is respectfully requested that the Court issue an order granting plaintiffs Motion for Summary Judgment in Lieu of Complaint on the Note, plus interest, reasonable attorneys fees and costs, together with such other and further relief as is just and proper. gun LOUIS UDERER Affirmed to before me this 7 day of weg , 2015 enn oro Eu NOTARY PUBL Svar NEW YORK queue Neon LAN COUNTY, COMMIS! RES , 2019 en