On July 26, 2013 a Letter,Correspondence 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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FISHMAN DECEA & FELDMAN Attorneys at Law 84 Business Park Drive Suite 200 Armonk, New York 10504 Thomas B. Decea† New York Office: Ronald A. Fishman† - 10 East 40th Street, 46th Floor Clara Feldman Phone: (914) 285-1400 New York, NY 10017 Fax: (914) 285-1401 Phone: (212) 616-1566 †Admitted in NY and CT Fax: (646) 454-4191 April 30, 2019 BY ECF New York State Supreme Court Motion Support Office 60 Centre Street, Room 130 New York, New York 10007 Re: Brandsway Hospitality, et. al. v. Delshah Capital, LLC, et. al. Index No. 652637/2013 Dear Sir/Madam: This firm represents plaintiffs in connection with the above-referenced matter. Attached is a copy of the letter to Debra Cordova, attorney for defendants, Delshah Capital, LLC and Michael Shah, consenting to adjourn plaintiffs’ motion to compel (Motion Seq. 19) and plaintiffs’ motion for contempt (Motion Seq. 20) to May 22, 2019 with answers due May 10, 2019. Defendants’ requested an adjournment of the motions and despite their previous dilatory tactics in this six year old case, we extended that courtesy to May 22, 2019. However, that was not good enough; instead of having four weeks to answer, defendants apparently need eight; that is way too long for a case this old. If you have any questions please call me at (914) 285-1931. Respectfully Submitted, /s/ Thomas B. Decea Thomas Decea Attachment FISHMAN DECEA & FELDMAN Attorneys at Law 84 Business Park Drive Suite 200 Armonk, New York 10504 Thomas B. Decea† New York Office: Ronald A. Fishman† - 10 East 40th Street, 46th Floor Clara Feldman Phone: (914) 285-1400 New York, NY 10017 Fax: (914) 285-1401 Phone: (212) 616-1566 †Admitted in NY and CT Fax: (646) 454-4191 April 26, 2019 By Email: dcordova@cordovaschwartzman.com Debra Cordova, Esq. Cordova & Schwartzman, LLP 666 Old Country Road, Suite 700 Garden City, NY 11530 Re: Brandsway Hospitality, et. al. v. Delshah Capital, LLC, et. al. Index No. 652637/2013 Dear Ms. Cordova: Good morning. Yesterday you stated to me we did not answer the 588 interrogatories served upon Plaintiffs; in fact we did by email to Jonathan Schwartzman and Shannon Saks on April 15, 2016 @ 4:37 p.m.; an additional copy is attached for your recollection as is Plaintiffs’ response to Defendants’ demand for documents. Moreover, at the settlement conference in my office last year, I gave you a binder of additional documents we intend to introduce as evidence at trial with an explanation as to what each document would be submitted to prove. Aside from the fact that we are entitled to the raw QuickBooks data as a matter of law, and a full review of the books and records as a member of the LLC, I respectfully refer you to the affidavit of Matthew Levine dated April 12, 2019, a copy of which is also attached; for the reasons stated therein which are supported by documentary evidence attached as Exhibits thereto, Plaintiffs believe justifiably that the QuickBooks have been modified by your clients. You should re-consider your objection to the raw data because Plaintiffs are clearly entitled to it irrespective of the clear evidence of the spoliation. I hasten to add that despite your denials, the email dated April 1, 2019, regarding your fondness for long briefs was most certainly sent from you as indicated by the “From” line of the email. Itappears that your denial derives from your assertion that it may have been conveyed through your partner’s email account, by some obscure and certainly unclear method, the email is clearly from you so you cannot deny its contents. FISHMAN DECEA & FELDMAN Letter to Debra Cordova, Esq. April 26, 2019 Page Two As for your request for Plaintiffs’ consent to an adjournment, I want to remind you that Plaintiffs’ last two requests for adjournments were flatly denied by your partner, and since those denials came within seconds of the emailed request we know the decision was made by counsel and not by your client. Nonetheless, as a sign of good faith Plaintiffs would agree to a submit date on both motions of May 22, 2019, with your answers to the motions, if any, due May 10, 2019. Thank you for your cooperation Very truly yours, /s/ Thomas B. Decea Thomas B. Decea Attachments TBD/tbd