Motion-Secondary: Brandsway Hospitality, Llc A/K/A/ Brandsway Hospitality, Indiefork Llc, Matthew Levine v. Delshah 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 Residential Llc, 19 Stanton Restaurant, Llc A/K/A Cocktail Bodega A/K/A Cocktail Bodega Underground, 61 Gans Restaurant Llc, Griffon Gansevoort Holdings, 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., John Doe #1 Through #10

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                                (FILED: NEW YORK COUNTY CLERK 1171472013)                                  INDEX   NO.    652637/2013
NYSCEF   DOC.   NO.   113                                            RECEIVED   NYSCEF:    11/14/2013




                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