On July 26, 2013 a
Motion-Secondary
was filed
involving a dispute between
Brandsway Hospitality, Llc A K A Brandsway Hospitality,
Indiefork Llc,
Matthew Levine,
and
133 Essex Restaurant, Llc A K A Sons Of Essex,
1356 Restaurant Llc A K A Petaluma Restaurant,
170 Mercer Restaurant Llc,
19 Stanton Restaurant, Llc A K A Cocktail Bodega A K A Cocktail Bodega Underground,
19 Stanton Street, Llc,
58-60 Ninth Realty Llc,
61 Gans Restaurant Llc,
69 Gansevoort Restaurant, Inc.,
Black Label Residential Llc,
Delshah 60 Ninth, Llc,
Delshah 60 Ninth Manager, Llc,
Delshah Capital, Llc,
Delshah Gansevoort 69, Llc,
Delshah Management, Llc,
Gansevoort 69 Llc,
Griffon 1356 Llc,
Griffon 19 Stanton Llc,
Griffon 55 Gans Llc,
Griffon Gansevoort Holdings, Llc,
Griffon Gans, Llc,
Griffon Gans Manager, Llc,
Griffon Holdings, Llc,
Griffon Investment Group, Llc,
Griffon Investment Holdings, Llc,
Griffon Investment, Llc,
Griffon Management, Llc,
Griffon Q, Llc,
Indiefork Hospitality Llc,
James Choung,
Jcny, Llc,
John Doe #1 Through #10,
Jpmorgan Chase & Co.,
Michael K. Shah,
Moon 170 Mercer, Inc.,
Paychex, Inc.,
V Global Holdings Inc.,
Victor Jung,
for Commercial (General)
in the District Court of New York County.
Preview
(FILED: NEW YORK COUNTY CLERK 0872872013) INDEX NO. 652637/2013
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/28/2013
SUPREME COURT OF THE STATE ON NEW YORK
COUNTY OF NEW YORK
BRANDSWAY HOSPITALITY, LLC a/k/a
BRANDSWAY HOSPITALITY, INDIEFORK Index No
LLC and MATTHEW LEVINE,
Plaintiffs,
-against-
D ELSHAH CAPITAL, LLC, DELSHAH
MANAGEMENT, LLC, MICHAEL K. SHAH,
VICTOR JUNG, V GLOBAL HOLDINGS
INC., 133 ESSEX RESTAURANT, LLC a/k/a
SONS OF ESSEX, BLACK LABEL AFFIDAVIT OF
RESIDENTIAL LLC, 19 STANTON MICHAEL SHAH, ESQ.
RESTAURANT, LLC a/k/a COCKTAIL IN SUPPORT OF MOTION
BODEGA a/k/a COCKTAIL BODEGA TO DISMISS PURSUANT TO
UNDERGROUND, 61 GANS RESTAURANT CPLR RULES 3013, 3014
LLC, GRIFFON GANSEVOORT HOLDINGS, AND 3024
LLC, GRIFFON GANSEVOORT HOLDINGS,
LLC, GRIFFON MANAGEMENT, LLC,
GRIFFON 55 GANS LLC, GRIFFON 55
GANS, LLC, GRIFFON GANS MANAGER,
LLC, GRIFFON 19 STANTON LLC, 19
STANTON STREET, LLC, 19 STANTON
STREET, LLC, GRIFFON 1356 LLC,
GRIFFON Q, LLC, GRIFFON GANS, LLC,
GRIFFON GANS MANAGER, LLC, GRIFFON
HOLDINGS, LLC, GRIFFON INVESTMENT,
LLC, GRIFFON INVESTMENT GROUP, LLC,
GRIFFON INVESTMENT HOLDINGS, LLC,
1356 RESTAURANT LLC a/k/a PETALUMA.
RESTAURANT, 170 MERCER
RESTAURANT LLC, MOON 170 MERCER,
INC., 58-60 NINTH REALTY LLC,
GANSEVOORT 69 LLC, DELSHAH
GANSEVOORT 69, LLC, 69 GANSEVOORT
RESTAURANT, INC., DELSHAH 60 NINTH,
LLC, DELSHAH 60 NINTH MANAGER, LLC,
INDIEFORK HOSPITALITY LLC, JAMES
CHOUNG, JCNY, LLC, PAYCHEX, INC.,
JPMORGAN CHASE & CO. and JOHN DOE
#1 through #10,
= - nee:
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
MICHAEL SHAH, being duly sworn deposes and says:
1 Iam, directly or through a separate entities, the managing member of the Defendant
companies; (a) 133 Essex Restaurant LLC, which operates the restaurant known as “Sons of
Essex;” (b) 19 Stanton Restaurant, LLC, which operated the Cocktail Bodega and Cocktail Bodega
Underground bars/restaurants; (c) 61 Gans Restaurant, LLC, which operated the Rowhouse Inn
bar/restaurant; (d) 1356 Restaurant LLC, which operates the bar/restaurant, Petaluma: (e) Delshah
Capital, LLC; (f) Delshah Management, LLC; (g) Black Label Residential LLC; (h) Griffon
Gansevoort Holdings, LLC; (i) Griffon Gansevoort Holdings, LLC; (j) Griffon 55 Gans LLC
(NY); (k) Griffon 55 Gans LLC (DE) (1) Griffon Gans Manager, LLC (NY); (m) Griffon Gans
Manager, LLC (DE); (n) Griffon 19 Stanton LLC; (0) 19 Stanton Street, LLC (NY); (p) 19 Stanton
Street, LLC, (DE); (q) Griffon 1356 LLC; (1) Griffon Q, LLC, (s) Griffon Gans Manager, LLC
(NY); (t) Griffon Gans Manager, LLC (DE); (u) 170 Mercer Restaurant LLC; (v) Moon 170
Mercer, Inc.; (w) Delshah Gansevoort 69, LLC; (x) 69 Gansevoort Restaurant, Inc.; (y) Delshah
60 Ninth, LLC; (z) Delshah 60 Ninth Manager, LLC; and, (aa) Indiefork Hospitality LLC. As
such, I have personal knowledge of the facts alleged herein. I submit this affidavit in support of
the Defendants’ motion, pursuant to Rules 3013, 3014 and 3024 of the Civil Practice Law and
Rules (“CPLR”) to dismiss Plaintiffs’ Complaint upon the grounds that it violates the rules of
pleading and for sanctions and attorney’s fees 130-1.1 of the Rules of Chief Administrator (22
N.Y.C.R.R. §130-1.1).
2 T have read the facts set forth in the “Factual Background” section of the
Memorandum of Law submitted herewith. Those facts accurately represent the material events in
this case, accordingly, I respectfully adopt such facts and incorporate by reference as if more fully
set forth at length herein.
3 As the title of this action shows, the Plaintiffs have brought suit against 44 separate
Defendants. Most of these Defendants have no relationship to the events referenced in the
Complaint. Moreover, with respect to at least seven of the named Defendants, neither I nor any of
my companies own or manage the named Defendant. These entities include; Griffon Management,
LLC, Griffon Investment, LLC, Griffon Investment Group, LLC, Griffon Investment Holdings,
LLC, 58-60 Ninth Realty LLC, Gansevoort 69 LLC and Griffon Gans, LLC.
4. Plaintiffs’ Complaint was obviously created to serve extrajudicial ends.
Axiomatically, Mr. Levine and his counsel are far more concerned with providing the media with
their tortured version of the events, than they are with abiding the pleading requirements of CPLR
Rules 3013, 3014 and 3024. Moreover, many of the allegations in the Complaint constitute libel,
per se.
5 Most respectfully, the actions of Mr. Levine and his counsel should not be
countenanced. I should not be put to the completely unjustified expense of having my counsel try
and respond to such a pleading. While Mr. Levine apparently believes that he is going to try his
case in the court of public opinion, such conduct should not be tolerated by the Court.
6. Furthermore, the burden that a Complaint of this nature works upon the resources
of this Court is self-evident. There is simply no justification for the conduct of the Plaintiffs.
Accordingly, it is respectfully asserted that an order of this Court should issue, dismissing
the Plaintiffs’ Complaint on the grounds that it is in flagrant violation of the pleading Rules set
forth in CPLR 3013, 3014 and 3024, and that sanctions and attorney’s fees should be imposed
upon the Plaintiffs and their counsel for their frivolous conduct and waste of judicial assets.
Respectfully submitted,
Vo baf Hoh
Michael Shah, Esq.
On the Tday of August in the year 2013 before me, the undersigned, a
Notary Public in and for said State, MICHAEL SHAH, personally known
to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf
of which the individual acted, executed the instrument.
BONNI C. LIPPMAN
NOTARY PUBLIC-STATE OF NEW YORK
No. 01116202911
NOTARY P Qualified in New York County
My Commission Expires March 30, 2017