Preview
(FILED: ROCKLAND COUNTY CLERK 1072672011) INDEX NO. 033257/2011
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/26/2011
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
x
ANDER PROPERTIES LLC, CLINTON GARDENS LLC. Index No.
GAVRIEL ALEXANDER, COREY RABIN Date purchased:
Plaintiff designates
Plaintiff(s) Rockland
~against0 County as place of trial
The basis of the venue is:
CAROL ANNE CATON Residence of parties
Defendant (s) SUMMONS
Plaintiff resides at
16 Squadron Blvd, New City,
NY 10956
County of Rockland
To the above named Defendant (s)
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve
a copy of your answer, or if the complaint is not served with this Summons, to serve a
notice of
appearance, on the Plaintiff's Attorneys within 20 days after the service of this Summons,
exclusive
of the day of service (or within 30 days after the service is complete, if this
Summons is not
personally delivered to you within the State of New York); and in case of your
failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the complain
t.
Dated: October 24, 2011 Attorneys for Plaintiff
FOREHT LAST LANDAU & KATZ LLP
Defendant’s address: Office and Telephone
290 River Road 228 East 45" Street, 17" floor
Grand View, NY 10960 New York, NY 10017
(212) 935-8880
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
x
ANDER PROPERTIES LLC, CLINTON GARDENS LLC. Index No.
GAVRIEL ALEXANDER, COREY RABIN,
VERIFIED COMPLAINT
Plaintiffs
-against-
CAROL ANNE CATON,
Defendant
x
Plaintiffs, ANDER PROPERTIES LLC, CLINTON GARDENS LLC, GAVRIEL
ALEXANDER, and COREY RABIN, by their attorneys, Foreht Last Landau & Katz LLP, for
their verified complaint, herein state:
1 Plaintiff Ander Properties LLC (“Ander”) is, at all times relevant hereto, a limited
liability company, duly organized and existing under the laws of the State of New York, with its
principal place of business at 16 Squadron Boulevard, New City, NY 10956.
2 Plaintiff Clinton Gardens LLC (“Clinton”) is, at all times relevant hereto, a
limited liability company, duly organized and existing under the laws of the State of New York,
with its principal place of business at 16 Squadron Boulevard, New City, NY 10956.
3 Plaintiff, Gavriel Alexander is, at all times relevant hereto, an individual and
Member of Ander and Clinton, with his business address at 16 Squadron Boulevard, New City,
NY 10956.
4 Plaintiff Corey Rabin is, at all times relevant hereto, an individual and Member
of Ander aad Clinton, with his business address at 16 Squadron Boulevard, New City NY 10956.
-1-
5 On information and belief, at all times relevant hereto, defendant Carol Anne
Caton is an individual with a last known residence address at 290 River Road, Grand View, NY
10960.
STATEMENT OF FACTS
6 Defendant bad been employed by Ander in the capacity of bookkeeper She was
terminated for cause in and about September, 2011.
7 Ander assured her, time and again, that whatever monies were validly due and
owing to her, would be paid. In fact, payments have been made. She was requested to advise
what, if anything, she felt was still due her, and provide supports in connection therewith, which
she has not done.
8 She was also instructed, time and again, to return all the company keys that she
kept, which, to date, she has wrongfully failed or refused to do.
9 As further evidence of her real motives and intentions, she wrongfully failed or
refused to even reimburse Ander for about $2,000 that was advanced on her behalf, for her car
loan,
10. Instead, defendant has embarked on a “campaign” to smear, defame, slander and
libel plaintiffs, and each of them, impugning their professional reputation, integrity, honesty,
abilities, etc. all in an attempt to damage plaintiffs in their profession, and intentionally cause
them harm.
i. As set forth below, such actions constitute defamation, slander, and/or libel per
se, without need of pleading special damages.
-2-
12. On or about September 27, 2011, defendant contacted several previous employees
of Clinton, namely, Andrew Donahue and Michael Umlah, sending them by email, draft letters
that defendant had prepared, and asking them to sign. One of the requests to Ms. Donahue, is
attached and incorporated herein as Exhibit 1.
13. That draft letter which Ms. Donahue was to sign, wrongfully stated that she was
improperly fired without any warnings or complaints, and because she had a child born with
special needs. That draft letter also went on to allege certain supposed irregularities in
bookkeeping, with the innuendo of dishonesty, and that Mr. Umilah was improperly excluded
from bonuses that other employees were receiving.
14, On information and belief, defendant was also calling former employees, trying to
enlist their aid, to stir up trouble for the property, to disrupt plaintiffs’ normal business
operations, and create ill-will, mistrust, and so forth. She was also trying, on her own, or through
former employees, to contact present occupants of the Clinton properties, get them to sign letters
and/or petitions, etc., again, simply to create mischief, trouble, irreparable harm to plaintiffs, ete.
1S. Defendant knew her allegations were false when made.
16. On September 28, 2011 and September 30, 201 1, plaintiffs, through their counsel,
placed defendant on notice that she is to immediately cease and desist from all such improper
activities, or legal action would follow (copies of email demands attached and incorporated
herein as Exhibit 2).
17. Unfortunately, not taking any well-heeded advise, defendant went even further, in
brazen disregard of plaintiffs’ repeated notices. Defendant sent a letter dated October 6, 2011,
addressed to “Dear Clinton Gardens owners,” copy of which is attached and incorporated herein
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as Exhibit 3. In that letter, she made scurrilous, false, malicious, defamatory, and libelous
accusations as to supposed wrongdoings of management, misappropriation of funds,
commingling of monies, cover-ups by management, hiring unqualified management staff,
deliberately allocating vendor expenses in the new accounting database with the wrong
accounting codes, unethical practices, and on and on, all to the intentional detriment and damage
to plaintiffs, their reputation, professional integrity, etc.
18. Defendant claimed, in that letter, that she had uncovered such alleged
improprieties “pertaining to the Clinton Gardens management staff while working for Ander
Properties,” thus defaming and libeling all plaintiffs herein. She concluded that “without a doubt
that for many years, mismanagement has indeed taken place at your property and has most
certainly created a loss both financially and morally with your investments” (emphasis added).
19. Defendant, therefore, accused plaintiffs in that letter, of morally improper
behavior as well, all of which was knowingly false.
20. In that said letter, defendant declared, “I am imploring you to please become
involved in solving these unethical management problems at Clinton Gardens...” Not only was
she defaming, slandering and libeling plaintiffs in their profession, but she sought to actively
solicit and recruit third parties to help “solve” the so-called problems that exist, if at all, only in
defendant’s colorful imagination.
21. That letter was published to numerous third parties, including, as one example,
Matthew Schwarz. Esq. of Schuman, Sall & Geist, 1 North Lexington Avenue, we floor, White
Plains, NY 10601, who, in fact, brought it to plaintiffs’ attention.
-4-
22. Another of plaintiffs’ investors, Lawrence Weissman, received the same letter. On
information and belief, he spoke with defendant by telephone on or about October 17, 2011.
According to Mr. Weissman, defendant, basically, repeated the same scurrilous charges, and
even added a new one, that an improper relationship was going on between plaintiff and staff
members, thus, attacking plaintiff's moral integrity and character as well, again, one more
scurrilous and absolutely false allegation, designed merely to create distrust and wreak havoc for
plaintiffs.
23. Undoubtedly, the same October 6, 2011 letter went to other investors that
defendant knew of or could find out about.
FIRST CAUSE OF ACTION
24, Defendant’s phone calls, emails, letters, and other communications through which
she published her false, scandalous, inflammatory, and malicious accusations to third parties,
constitute defamation, slander and libel per se, as they affect, and are clearly intended to affect
plaintiffs’ professional reputation, integrity, business ethics, character, ability, and so forth.
25, ‘The defamation, slander and libel were maliciously published to third parties, in
that defendant knew the charges are false, or had reckless disregard for the truth.
20. Defendant’s intention is to cause trouble, interfere in plaintiffs’ relationships with
their investors, cause mischief, distrust, ill-will, etc with the owners/occupants of Clinton
Gardens, cause them to wrongfully believe that their investments have been financially and
morally damaged, and so forth, all to plaintiffs’ serious damage and detriment.
27. Defendant, unfortunately, plans to continue her illegal and improper actions,
unless restrained by this Court.
5-
28. In view of the circumstances, plaintiffs have no adequate remedy at law, as their
reputations and business operations are quite plainly at stake.
29. Plaintiffs will, in all likelihood, prevail on the merits, as there is no conceivable
justification for any of the baseless, scurrilous, defamatory, slanderous, and libelous accusations
being thrown about by defendant.
30. An order should be entered pursuant to C.P.L.R. Section 6301, 6311, 6313, ef
seq., preliminarily enjoining defendant, her agents, representatives, assigns, attorneys, former
employees of plaintiffs, and anyone else acting in concert with defendant, or on her behalf, from.
publishing, disseminating, contacting, communicating in any form, written or verbal, with any of
plaintiffs’ investors, owners/occupants, or any other third party whatsoever, as to anything
concerning the plaintiffs, or any of them, pending a final determination of this action, and subject
to both a permanent injunction at the conclusion thereof, and a temporary restraining order in the
interim.
SECOND CAUSE OF ACTION
31. Plaintiffs repeat the allegations in paragraphs 1 through 30 above as if set forth
at length herein, and further state:
32. By virtue of the above, defendant has maliciously, wantonly, and purposefully
defamed, slandered, and libeled plaintiffs, and cach of them, in their business, trade and
profession, causing them serious and irreparable harm, and wrongfully interfering in their normal
business relationships, for the sole wrongful purpose of causing disruption, detriment and
damage to plaintiffs.
-6-
33. Despite due demand to cease and desist, defendant wrongfully continues in her
improper and destructive conduct, all designed to cause plaintiffs as much harm as possible.
34, Defendant is, therefore, liable to plaintiffs, and each of them, for all damages of
any nature, with interest thereon, in an amount to be determined by the Court at time of trial or
motion,
THIRD CAUSE OF ACTION
35. Plaintiffs repeat the allegations in paragraphs 1 through 34 above as if set forth at
jiength herein, and further state:
36. Through her prior employment with Ander, defendant was able to obtain
knowledge as to the identities of certain of plaintiffs’ investors, former employees, names of
owners of Clinton Gardens units, and so forth.
37. Defendant contacted them by phone, email, and/or other forms of communication,
spreading blatant falsehoods about plaintiffs, so as to cause trouble, distrust, doubts, upset
normal business relationships, cause them to question plaintiffs’ integrity, reputation, managerial
capabilities, ethics, and so on.
38. This was done with malice, spite, and intent, with knowledge of the falsity of the
allegations, and/or reckless disregard for the truth.
39. Due demand was made, but defendant wrongfully continued her improper
conduct. As a direct result thereof, plaintiffs have been seriously damaged in the business
relationships.
40. By virtue of the above, defendant is liable to plaintiffs, and each of them, for all
damages, with interest, arising from defendant’s tortious interference in plaintiffs’ business and
-7-
contractual relationships, in an amount to be determined at time of trial or motion.
WHEREFORE plaintiffs ANDER PROPERTIES LLC, CLINTON GARDENS LLC,
GAVRIEL ALEXANDER and COREY RABIN demand judgment as follows:
1 On the First Cause of Action, that a preliminary injunction with temporary
restraining order be issued as set forth herein, to prevent any further violations, pending the final
determination of this action, after which a permanent injunction should follow.
2 On the Second and Third Causes of Action, and each of them, that defendant be
held liable to each plaintiff, for all damages of any nature, arising from the acts and
circumstances set forth in this complaint, in an amount to be determined at time of trial or
motion, together with interest thereon..
3 All costs, disbursements, reasonable attorneys’ fees, and any further relief as may
be just and proper.
Dated: New York, NY FOREHT LAST LANDAU & KATZ LLP
October 19, 2011 Attorneys jor
, Plaintifs _.
By
chard S. Last
228 Bast 45" Street, 17" floor
New York, NY 10017
(212) 935-8880
-8-
VERIFICATION
STATE OF NEW YORK )
COUNTY OF ROCKLAND ) ss
GAVRIEL ALEXANDER, being duly sworn, deposcs and says:
fam a plaintiff in this action, and am a Member of co-plaintiffs Ander Properties L1.C
and Clinton Gardens LLC. | have read the foregoing complaint, know the contents thereat, and
the same is true to my own knowledge and beliel, except 10 matters alleged on information and
beliel, and as to {hose matters, | believe them to be true, based on documents in my files. [ issue
this Verification on my own behalf, and for Ander Properties LLC and Clinton Gardens LLC, as
they are limited liability companies. and 1 am a Member thereof. | am also authorized to issue
this Verification on behalf
of co-plaintiff Carey Rabin.
GAVRIEL ALEXANDER
Sworn to before me this
day of Octo!
fotary Public
RICHARD S. LAS’
Notary Fu jie, State of New York
. 31-476183
ester County,
Quatified in WestchNew
Cerificate filed in York County
‘Term Expires Dec. 3t, 20
-9-
Preview
(FILED: ROCKLAND COUNTY CLERK 1072672011) INDEX NO. 033257/2011 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/26/2011 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND x ANDER PROPERTIES LLC, CLINTON GARDENS LLC. Index No. GAVRIEL ALEXANDER, COREY RABIN Date purchased: Plaintiff designates Plaintiff(s) Rockland ~against0 County as place of trial The basis of the venue is: CAROL ANNE CATON Residence of parties Defendant (s) SUMMONS Plaintiff resides at 16 Squadron Blvd, New City, NY 10956 County of Rockland To the above named Defendant (s) YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or if the complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff's Attorneys within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete, if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complain t. Dated: October 24, 2011 Attorneys for Plaintiff FOREHT LAST LANDAU & KATZ LLP Defendant’s address: Office and Telephone 290 River Road 228 East 45" Street, 17" floor Grand View, NY 10960 New York, NY 10017 (212) 935-8880 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND x ANDER PROPERTIES LLC, CLINTON GARDENS LLC. Index No. GAVRIEL ALEXANDER, COREY RABIN, VERIFIED COMPLAINT Plaintiffs -against- CAROL ANNE CATON, Defendant x Plaintiffs, ANDER PROPERTIES LLC, CLINTON GARDENS LLC, GAVRIEL ALEXANDER, and COREY RABIN, by their attorneys, Foreht Last Landau & Katz LLP, for their verified complaint, herein state: 1 Plaintiff Ander Properties LLC (“Ander”) is, at all times relevant hereto, a limited liability company, duly organized and existing under the laws of the State of New York, with its principal place of business at 16 Squadron Boulevard, New City, NY 10956. 2 Plaintiff Clinton Gardens LLC (“Clinton”) is, at all times relevant hereto, a limited liability company, duly organized and existing under the laws of the State of New York, with its principal place of business at 16 Squadron Boulevard, New City, NY 10956. 3 Plaintiff, Gavriel Alexander is, at all times relevant hereto, an individual and Member of Ander and Clinton, with his business address at 16 Squadron Boulevard, New City, NY 10956. 4 Plaintiff Corey Rabin is, at all times relevant hereto, an individual and Member of Ander aad Clinton, with his business address at 16 Squadron Boulevard, New City NY 10956. -1- 5 On information and belief, at all times relevant hereto, defendant Carol Anne Caton is an individual with a last known residence address at 290 River Road, Grand View, NY 10960. STATEMENT OF FACTS 6 Defendant bad been employed by Ander in the capacity of bookkeeper She was terminated for cause in and about September, 2011. 7 Ander assured her, time and again, that whatever monies were validly due and owing to her, would be paid. In fact, payments have been made. She was requested to advise what, if anything, she felt was still due her, and provide supports in connection therewith, which she has not done. 8 She was also instructed, time and again, to return all the company keys that she kept, which, to date, she has wrongfully failed or refused to do. 9 As further evidence of her real motives and intentions, she wrongfully failed or refused to even reimburse Ander for about $2,000 that was advanced on her behalf, for her car loan, 10. Instead, defendant has embarked on a “campaign” to smear, defame, slander and libel plaintiffs, and each of them, impugning their professional reputation, integrity, honesty, abilities, etc. all in an attempt to damage plaintiffs in their profession, and intentionally cause them harm. i. As set forth below, such actions constitute defamation, slander, and/or libel per se, without need of pleading special damages. -2- 12. On or about September 27, 2011, defendant contacted several previous employees of Clinton, namely, Andrew Donahue and Michael Umlah, sending them by email, draft letters that defendant had prepared, and asking them to sign. One of the requests to Ms. Donahue, is attached and incorporated herein as Exhibit 1. 13. That draft letter which Ms. Donahue was to sign, wrongfully stated that she was improperly fired without any warnings or complaints, and because she had a child born with special needs. That draft letter also went on to allege certain supposed irregularities in bookkeeping, with the innuendo of dishonesty, and that Mr. Umilah was improperly excluded from bonuses that other employees were receiving. 14, On information and belief, defendant was also calling former employees, trying to enlist their aid, to stir up trouble for the property, to disrupt plaintiffs’ normal business operations, and create ill-will, mistrust, and so forth. She was also trying, on her own, or through former employees, to contact present occupants of the Clinton properties, get them to sign letters and/or petitions, etc., again, simply to create mischief, trouble, irreparable harm to plaintiffs, ete. 1S. Defendant knew her allegations were false when made. 16. On September 28, 2011 and September 30, 201 1, plaintiffs, through their counsel, placed defendant on notice that she is to immediately cease and desist from all such improper activities, or legal action would follow (copies of email demands attached and incorporated herein as Exhibit 2). 17. Unfortunately, not taking any well-heeded advise, defendant went even further, in brazen disregard of plaintiffs’ repeated notices. Defendant sent a letter dated October 6, 2011, addressed to “Dear Clinton Gardens owners,” copy of which is attached and incorporated herein -3- as Exhibit 3. In that letter, she made scurrilous, false, malicious, defamatory, and libelous accusations as to supposed wrongdoings of management, misappropriation of funds, commingling of monies, cover-ups by management, hiring unqualified management staff, deliberately allocating vendor expenses in the new accounting database with the wrong accounting codes, unethical practices, and on and on, all to the intentional detriment and damage to plaintiffs, their reputation, professional integrity, etc. 18. Defendant claimed, in that letter, that she had uncovered such alleged improprieties “pertaining to the Clinton Gardens management staff while working for Ander Properties,” thus defaming and libeling all plaintiffs herein. She concluded that “without a doubt that for many years, mismanagement has indeed taken place at your property and has most certainly created a loss both financially and morally with your investments” (emphasis added). 19. Defendant, therefore, accused plaintiffs in that letter, of morally improper behavior as well, all of which was knowingly false. 20. In that said letter, defendant declared, “I am imploring you to please become involved in solving these unethical management problems at Clinton Gardens...” Not only was she defaming, slandering and libeling plaintiffs in their profession, but she sought to actively solicit and recruit third parties to help “solve” the so-called problems that exist, if at all, only in defendant’s colorful imagination. 21. That letter was published to numerous third parties, including, as one example, Matthew Schwarz. Esq. of Schuman, Sall & Geist, 1 North Lexington Avenue, we floor, White Plains, NY 10601, who, in fact, brought it to plaintiffs’ attention. -4- 22. Another of plaintiffs’ investors, Lawrence Weissman, received the same letter. On information and belief, he spoke with defendant by telephone on or about October 17, 2011. According to Mr. Weissman, defendant, basically, repeated the same scurrilous charges, and even added a new one, that an improper relationship was going on between plaintiff and staff members, thus, attacking plaintiff's moral integrity and character as well, again, one more scurrilous and absolutely false allegation, designed merely to create distrust and wreak havoc for plaintiffs. 23. Undoubtedly, the same October 6, 2011 letter went to other investors that defendant knew of or could find out about. FIRST CAUSE OF ACTION 24, Defendant’s phone calls, emails, letters, and other communications through which she published her false, scandalous, inflammatory, and malicious accusations to third parties, constitute defamation, slander and libel per se, as they affect, and are clearly intended to affect plaintiffs’ professional reputation, integrity, business ethics, character, ability, and so forth. 25, ‘The defamation, slander and libel were maliciously published to third parties, in that defendant knew the charges are false, or had reckless disregard for the truth. 20. Defendant’s intention is to cause trouble, interfere in plaintiffs’ relationships with their investors, cause mischief, distrust, ill-will, etc with the owners/occupants of Clinton Gardens, cause them to wrongfully believe that their investments have been financially and morally damaged, and so forth, all to plaintiffs’ serious damage and detriment. 27. Defendant, unfortunately, plans to continue her illegal and improper actions, unless restrained by this Court. 5- 28. In view of the circumstances, plaintiffs have no adequate remedy at law, as their reputations and business operations are quite plainly at stake. 29. Plaintiffs will, in all likelihood, prevail on the merits, as there is no conceivable justification for any of the baseless, scurrilous, defamatory, slanderous, and libelous accusations being thrown about by defendant. 30. An order should be entered pursuant to C.P.L.R. Section 6301, 6311, 6313, ef seq., preliminarily enjoining defendant, her agents, representatives, assigns, attorneys, former employees of plaintiffs, and anyone else acting in concert with defendant, or on her behalf, from. publishing, disseminating, contacting, communicating in any form, written or verbal, with any of plaintiffs’ investors, owners/occupants, or any other third party whatsoever, as to anything concerning the plaintiffs, or any of them, pending a final determination of this action, and subject to both a permanent injunction at the conclusion thereof, and a temporary restraining order in the interim. SECOND CAUSE OF ACTION 31. Plaintiffs repeat the allegations in paragraphs 1 through 30 above as if set forth at length herein, and further state: 32. By virtue of the above, defendant has maliciously, wantonly, and purposefully defamed, slandered, and libeled plaintiffs, and cach of them, in their business, trade and profession, causing them serious and irreparable harm, and wrongfully interfering in their normal business relationships, for the sole wrongful purpose of causing disruption, detriment and damage to plaintiffs. -6- 33. Despite due demand to cease and desist, defendant wrongfully continues in her improper and destructive conduct, all designed to cause plaintiffs as much harm as possible. 34, Defendant is, therefore, liable to plaintiffs, and each of them, for all damages of any nature, with interest thereon, in an amount to be determined by the Court at time of trial or motion, THIRD CAUSE OF ACTION 35. Plaintiffs repeat the allegations in paragraphs 1 through 34 above as if set forth at jiength herein, and further state: 36. Through her prior employment with Ander, defendant was able to obtain knowledge as to the identities of certain of plaintiffs’ investors, former employees, names of owners of Clinton Gardens units, and so forth. 37. Defendant contacted them by phone, email, and/or other forms of communication, spreading blatant falsehoods about plaintiffs, so as to cause trouble, distrust, doubts, upset normal business relationships, cause them to question plaintiffs’ integrity, reputation, managerial capabilities, ethics, and so on. 38. This was done with malice, spite, and intent, with knowledge of the falsity of the allegations, and/or reckless disregard for the truth. 39. Due demand was made, but defendant wrongfully continued her improper conduct. As a direct result thereof, plaintiffs have been seriously damaged in the business relationships. 40. By virtue of the above, defendant is liable to plaintiffs, and each of them, for all damages, with interest, arising from defendant’s tortious interference in plaintiffs’ business and -7- contractual relationships, in an amount to be determined at time of trial or motion. WHEREFORE plaintiffs ANDER PROPERTIES LLC, CLINTON GARDENS LLC, GAVRIEL ALEXANDER and COREY RABIN demand judgment as follows: 1 On the First Cause of Action, that a preliminary injunction with temporary restraining order be issued as set forth herein, to prevent any further violations, pending the final determination of this action, after which a permanent injunction should follow. 2 On the Second and Third Causes of Action, and each of them, that defendant be held liable to each plaintiff, for all damages of any nature, arising from the acts and circumstances set forth in this complaint, in an amount to be determined at time of trial or motion, together with interest thereon.. 3 All costs, disbursements, reasonable attorneys’ fees, and any further relief as may be just and proper. Dated: New York, NY FOREHT LAST LANDAU & KATZ LLP October 19, 2011 Attorneys jor , Plaintifs _. By chard S. Last 228 Bast 45" Street, 17" floor New York, NY 10017 (212) 935-8880 -8- VERIFICATION STATE OF NEW YORK ) COUNTY OF ROCKLAND ) ss GAVRIEL ALEXANDER, being duly sworn, deposcs and says: fam a plaintiff in this action, and am a Member of co-plaintiffs Ander Properties L1.C and Clinton Gardens LLC. | have read the foregoing complaint, know the contents thereat, and the same is true to my own knowledge and beliel, except 10 matters alleged on information and beliel, and as to {hose matters, | believe them to be true, based on documents in my files. [ issue this Verification on my own behalf, and for Ander Properties LLC and Clinton Gardens LLC, as they are limited liability companies. and 1 am a Member thereof. | am also authorized to issue this Verification on behalf of co-plaintiff Carey Rabin. GAVRIEL ALEXANDER Sworn to before me this day of Octo! fotary Public RICHARD S. LAS’ Notary Fu jie, State of New York . 31-476183 ester County, Quatified in WestchNew Cerificate filed in York County ‘Term Expires Dec. 3t, 20 -9-