On February 05, 2015 a
Motion-Secondary
was filed
involving a dispute between
Cdc Development Properties, Inc.,
and
American Independent Paper Mills Supply Co., Inc.,
Hudson Harbor Homes, Inc.,
for Commercial
in the District Court of Westchester County.
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FILED: WESTCHESTER COUNTY CLERK 07/10/2020 05:31 PM INDEX NO. 51573/2015
NYSCEF DOC. NO. 414 RECEIVED NYSCEF: 07/10/2020
MARK E. CONSTANTINE, ESQ.
150 WHITE PLAINS ROAD, STE. 300
TARRYTOWN, NEW YORK 10591
PHONE (914) 631-0410 FAX (914) 631-0440
July 10, 2020
VIA E-FILE
Hon. Lawrence Ecker, JSC
Re: CDC v. AIP, et al,Index No.: 51573-2015
CDC's Application for Adjournment
Your Honour:
Greetings. Please recall that the undersigned represents AIP in the above referenced
matter. The undersigned is in receipt of CDC's application for an adjournment of the
undersigned's motion to modify the Court's prior Order and rcicase the $600,000.00 that
AIP placed in escrow in order to secure a possible judgment in favor of CDC.
Since June 10, 2020 CDC has been aware of the Appellate Division's Decision that
parties'
declared that AIP did not breach the lease as it relates to CDC's claims for tax
refunds and rent reductions. This eliminated the overwhelming bulk of CDC's damages
claims Therefore, the undersigned contacted CDC's counsel to request their consent to
release the escrow without the need for judicial intervention - However, despite these
efforts, ithas been 30 days since the said Decision and CDC has failed to consent.
Instead, CDC is continuing to attempt to hold AIP's funds hostage while extorting
AIP for a settlement AIP is glad to engage in fair and balanced settlement discussions with
or without the Court. However, we are concerned that CDC's request for a 30 day
adjoumment prolongs these protracted proceedings. Similarly, it is
unnecessarily already
an unfair advantage for CDC to conduct a settlemer.t conference while the amount of my
client's funds in escrow is more than 10 times any possible lamages CDC may be awarded
in this case.
Accordingly, the undersigned respectfully requests that the Court denies CDC's
application for an adjournment of the pending motion or, in the alternative, that the Court
conditions any adjournment on the release of the undeniable excess funds in escrow so the
parties and the Court can conduct good faith settlement discussions while on a more
realistic and less lopsided playing field. Thank you for your continued thoughtful
consideration in this regard.
Very truly yours,
Mark E. Constantine, Esq.
cc: Howard Klar, Esq., Via efile
1 of 1
Document Filed Date
July 10, 2020
Case Filing Date
February 05, 2015
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FILED: WESTCHESTER COUNTY CLERK 07/10/2020 05:31 PM INDEX NO. 51573/2015 NYSCEF DOC. NO. 414 RECEIVED NYSCEF: 07/10/2020 MARK E. CONSTANTINE, ESQ. 150 WHITE PLAINS ROAD, STE. 300 TARRYTOWN, NEW YORK 10591 PHONE (914) 631-0410 FAX (914) 631-0440 July 10, 2020 VIA E-FILE Hon. Lawrence Ecker, JSC Re: CDC v. AIP, et al,Index No.: 51573-2015 CDC's Application for Adjournment Your Honour: Greetings. Please recall that the undersigned represents AIP in the above referenced matter. The undersigned is in receipt of CDC's application for an adjournment of the undersigned's motion to modify the Court's prior Order and rcicase the $600,000.00 that AIP placed in escrow in order to secure a possible judgment in favor of CDC. Since June 10, 2020 CDC has been aware of the Appellate Division's Decision that parties' declared that AIP did not breach the lease as it relates to CDC's claims for tax refunds and rent reductions. This eliminated the overwhelming bulk of CDC's damages claims Therefore, the undersigned contacted CDC's counsel to request their consent to release the escrow without the need for judicial intervention - However, despite these efforts, ithas been 30 days since the said Decision and CDC has failed to consent. Instead, CDC is continuing to attempt to hold AIP's funds hostage while extorting AIP for a settlement AIP is glad to engage in fair and balanced settlement discussions with or without the Court. However, we are concerned that CDC's request for a 30 day adjoumment prolongs these protracted proceedings. Similarly, it is unnecessarily already an unfair advantage for CDC to conduct a settlemer.t conference while the amount of my client's funds in escrow is more than 10 times any possible lamages CDC may be awarded in this case. Accordingly, the undersigned respectfully requests that the Court denies CDC's application for an adjournment of the pending motion or, in the alternative, that the Court conditions any adjournment on the release of the undeniable excess funds in escrow so the parties and the Court can conduct good faith settlement discussions while on a more realistic and less lopsided playing field. Thank you for your continued thoughtful consideration in this regard. Very truly yours, Mark E. Constantine, Esq. cc: Howard Klar, Esq., Via efile 1 of 1