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.
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FILED: NEW YORK COUNTY CLERK 06/06/2019 06:00 PM INDEX NO. 652637/2013 NYSCEF DOC. NO. 725 RECEIVED NYSCEF: 06/06/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X BRANDSWAY HOSPITALITY, LLC, a/k/a Index No. 652637/2013 BRANDSWAY HOSPITALITY , INDIEFORK, LLC And MATTHEW LEVINE, ATTORNEY Plaintiffs, AFFIRMATION IN -against- OPPOSITION DELSHAH CAPITAL LLC, MICHAEL K. SHAH, Motion Seq. 19 and VICTOR JUNG Defendants. ------------------ ------X JONATHAN B. SCHWARTZMAN, an attorney at law duly admitted to practice before the courts of the State of New York affirms the following to be true under the penalties of perjury: 1. I am a member of the firm of Cordova & Schwartzman, LLP, which represents the defendant DELSHAH CAPITAL LLC and non-party MICHAEL K. SHAH1 (collectively "Delshah") in the above-entitled action. As such I have personal knowledge of the facts set forth herein as relevant to this motion. 2. I submit this affirmation in in opposition to the motion by Plaintiff BRANDSWAY HOSPITALITY LLC ("Plaintiff") seeking to compel Delshah to provide Plaintiff's principal, Matthew Levine ("Levine") with unfettered access to Delshah's servers and to the Quickbooks Active Program. 3. The legal and factual arguments in opposition to Plaintiff's motion are set forth in the accompanying Memorandum of Law, and for the sake of brevity, shall not be set forth at length. I respectfully refer the Court to the Memorandum of Law for a full recitation of Delshah's legal and factual arguments. I Shah dismissed from thisaction Court Order dated 2019. The Court also Michael was by February 4, dismissed Matthew Levine's claim,so he is nolonger a plaintiff. 1 of 2 FILED: NEW YORK COUNTY CLERK 06/06/2019 06:00 PM INDEX NO. 652637/2013 NYSCEF DOC. NO. 725 RECEIVED NYSCEF: 06/06/2019 4. The Exhibits annexed hereto are true and accurate copies of the documents they purport to be. 5. No previous application for the relief herein prayed for has been made. WHEREFORE, deponent respectfully requests that the Court deny Plaintiff's motion in its entirety. Dated: June 6, 2019 Garden City, New York n B. Schwartzman, Esq. C OVA & SCHWARTZMAN, LLP Attorneys for defendant DELSHAH CAPITAL LLC and non-party MICHAEL K. SHAH 666 Old Country Road, Suite 700 Garden City, New York 11530 (516) 741-0070 2 of 2