On July 26, 2013 a Motion,Ex Parte 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.
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FILED: NEW YORK COUNTY CLERK 08/20/2018 03:26 PM INDEX NO. 652637/2013 NYSCEF DOC. NO. 436 RECEIVED NYSCEF: 08/20/2018 CORDOVA & SCHWARTZMAN, LLP AT1URNEYS AT LAW 666 OLD COUNTRY ROAD SUITE 700 GARDEN CTIY, NEW YORK 11530 PHONE (516)741-0070 • FACsIMILE (516)741-·4225 cslegal@optonine.net August 20, 2018 Honorable Shlomo S. Hagler, J.S.C. New York County Supreme Court 111 Centre Street New York, NY 10013 Re: Brandsway Hospitality, LLC v. Delshah Capital, LLC, et al Index No. 652637/2013 Your Honor: Please be advised that we represent defendants Delshah Capital and Michael Shah in the above-referenced action. I write this letter to request an adjournment of the plaintiff's motion for summary judgment, currently returnable on September 28, 2018, to October 17, 2018. This motion was adjourned in Part 130 from itsinitial return date of defendants' August 17, 2018 until September 28, 2018, with the opposition due on September 14, 2017. The reasons for the initial request were numerous. Initially,this motion was efiled on Friday July 27, 2018 with a short return date, right before I was out of the state for an extended period of time. This significant motion for summary judgment was made even though discovery is ongoing. In fact, the plaintiff has just recently, finally, provided access to a server for us to review which contains many months', ifnot years', worth of emails. Furthermore, the plaintiffs have failed to produce a number of documents, even Ordered" though there is a "So Stipulation requiring the production of such documents, defendants' and they failed to provide responses to the Interrogatories. Accordingly, we need time to review what is actually contained on the server to determine what documents were provided, what documents were missing, and whether a cross-motion to compel is necessary. defendants' Moreover, the opposition being due on September 14, 2018 which is the same was as the Jewish High Holidays. Furthermore, co-defendant's insurance counsel is being substituted out, and itis my understanding that replacement counsel does not have the full file,which is substantial. Thus, itis my understanding that co-defendant's outgoing counsel requested 1 of 2 FILED: NEW YORK COUNTY CLERK 08/20/2018 03:26 PM INDEX NO. 652637/2013 NYSCEF DOC. NO. 436 RECEIVED NYSCEF: 08/20/2018 CORDOVA & SCHWARTZMAN, LLP the same adjournment to provide time to transfer the fileand give replacement counsel time to familiarize himself. For these reasons, we respectfully request that the motion be adjourned to October 17, 2018 or to a date thereafter which is convenient for the Court. Before submitting this letter to the Court, I have provided a copy to all counsel via NYSCEF filing. Thank you for your continued courtesies in this matter. Very t , ,2 J an B. Sc wartzman cc: Fishman, Decea & Feldman Attorneys for Plaintiffs Smith Mazure Director Wilkins Young &Yagerman, P.C. Attorneys for Defendant Victor Jung Via NYSCEF 2 of 2