Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
......___ index No.
16th
101 East Street Realty LLC,
Plaintiffdesignates New York County as
the place of trial.
Plaintiff, The basis of the venue is Where
County
Transaction Occurred
against
SUMMONS
Union Square Restaurant LLC. d/b/a Moaz,
Iris Keltz and Nat Hirshman,
Defendants.
To the above named Defendant(s)
You are hereby summoned to answer the complaint in thisaction and to serve a copy
of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance, on
the plaintiff'sattorney(s) within 20 days after the service of this summons, exclusive of the day of service
(or within 30 days after the service is complete ifthis 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 complaint.
Dated: July 17, 2019
Defendant's Address: Borah, Goldstein,
AItschuler, Nahins & Goidel,
IrisKeltz P.C.
Union Square Restaurant LLC
Attorney for Plaintiff
8 North Court
377 Broadway
Port Washington, NY 10050
New York, NY 10013
212-431-1300
1 of 6
FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
16th
101 East Street Realty LLC,
Index No.
Plaintiff
VERIFIED
against COMPLAINT
Union Square Restaurant LLC. d/b/a Moaz,
Iris Keltz and Nat Hirshman,
Defendants.
Plaintiff, by its attorneys, Borah, Goldstein, Altschuler, Nahins & Goldel, P.C.,
complaining of the Defendants, hereby a!!eges as follows:
AS A FIRST CAUSE OF ACTION
AGAINST UNION SQUARE
1. That at all times mentioned herein the Plaintiff was and still is a limited liability
company organized and existing under the laws of the State of New York.
2. That at alltimes mentioned herein the Plaintiff was and stillis the owner of the
16th
premises known as 101 East Street, in the County, City and State of New York
(hereinafter referred to as the "Premises").
3. That upon information and belief, at alltimes mentioned herein, the Defendant
Union Square Restaurant LLC (hereinafter referred to as "Union Square") was a limited
liability corporation corporation organized and existing under the laws of the State of New
York.
4. That at alltimes mentioned herein the Defendant Iris Keltz (hereinafter referred
to as "Keltz") was a resident of the State of New York.
5. That at alltimes menticñed herein the Defendant Nat Hirshman (hereinafter
2 of 6
FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
referred to as "Hirshman") was a resident of the State of New York.
6. That Union Square was a coillillercial tenant in approximately 800 square feet
on the ground floor of the Premises pursuant to a written Standard Form of Store Lease dated
August 3, 2006 (hereinafter referred to as the "Lease").
7. That by Agreement Extending Lease dated February 12, 2016 the term of the
Lease was extended through July 31, 2021.
8. That Union Square vacated the Premises on or about May 30, 2019 and prior to
the expiration of the Lease, as extended.
9. That Union Square is responsible for the monthly base rent plus escalations
through July 31, 2019.
10. That as of May 31, 2019 the amount of $112,150.44 is due and owing to Plaintiff
from Union Square for base rent, fuel, water and insurance charges, real estate tax escalation
charges and late fees, no part of which has been paid although duly demanded.
11. That from June 1, 2019 through July 31, 2021 the additional amount of
$655,042.00 is due and owing to Plaintiff from Union Square.
12. That as a result of the foregoing, Plaintiff is entitled to judgment against Union
Square in the amount of $767,192.44 plus interest from May 30, 2019.
AS A SECOND CAUSE OF ACTION
AGAINST KELTZ AND HIRSHMAN
13. Plaintiff repeats and reiterates each and every allegation contained in
paragraphs 1 through 12 of this complaint as iffully set forth at length herein.
14. That Keltz and Hirshman provided a written Limited Guarantee dated August 3,
2006.
15. That the Limited Guarantee states, in part:
3 of 6
FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
FOR VALUE RECElVED, . . . the undersigned irrevocably jointly and
severally guarantee to Landlord, itssuccessors and assigns, fullpayment
by Tenant of rent and additional rent pursuant to the Lease, from and
after the expiration or earlier termination of the Lease and until the date
Tenant and anyone claiming through the Tenant vacates the demised
Premises, removes all its personal property therefrom, surrenders
possession of the demised premises to Landlord and delivers a duly
."
executed Surrender Declaration in the form annexed hereto . .
11. That the required Surrender Agreement was delivered to Plaintiff on or about
May 30, 2019.
12. That as of May 30, 2019 the amount of $112,150.44 is due and owing to Plaintiff
from Keltz and Hirshman for base rent, fuel, water and insurance charges, real estate tax
escalation charges and late fees, no part of which has been paid although duly demanded.
13. That as a result of the foregoing Plaintiff is entitled to judgment against Keltz and
Hirshman in the amount of $112,150.44 plus interest from May 30, 2019.
AS A THIRD CAUSE OF ACTION
14. Plaintiff repeats and reiterates each and every allegation contained in paragraph
1 through 13 of this complaint as iffully set forth at length herein.
15. That pursuant to paragraph 19 of the Lease, Plaintiff is entitled to recover from
Defendants its reasonable attorney fees and expenses which are incurred in connection with
the prosecution of this action.
16. That as a result of the foregoing, Plaintiff is entitled to recover from Defendants,
jointly and severally, its reasonable attorney fees and expenses in an amount to be
determined by this Court at trial, but not less than $20,000.00.
WHEREFORE, Plaintiff requests that judgment be entered against Defendant Union
Square upon the firstcause of action in the amount of $767,192.44 plus interest from May 30,
2019; against Defendants Keltz and Hirshman upon second cause of action in the amount of
4 of 6
FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
$112,150.44 plus interest from May 30, 2019; and against all Defendants, jointly and severally
upon the third cause of action in an amount to be determined by this Court but not less then
$20,000.00, together with costs and disbursements, together with such other and further relief
as the court may deem just fair and proper.
Dated: New York, NY
July 17, 2019
Yours etc.,
rk Krassner
Borah, Goldstein, AItschuler, Nahins
& Goidel, P.C.
Attorneys for Plaintiff
377 Broadway
New York, NY 10013
212-431-1300 ext 208
5 of 6
FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
VERIFICATION
STATE OF NEW YORK
COUNTY OF NEW YORK
Kenneth Rotner, being duly sworn deposes and says:
1 am a member of Plaintiffand have read the complaint and state that to the
foregoing
best of my knowledge the statements contained therein are true and as to those
correct;
statements set forth upon information and belief I believe them to be true.
Kenneth Rotoer
Sworn to me this
1 c ay of ul 201
Notary Fublic
SVETI ANA KAZHDAN
NOTARYPUBlK STATE0F NEW YORK
RegistralienNo. 01KA637313-i
Qualified jn KINGS County
CommissionSpires 04/02/2022
6 of 6
Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ......___ index No. 16th 101 East Street Realty LLC, Plaintiffdesignates New York County as the place of trial. Plaintiff, The basis of the venue is Where County Transaction Occurred against SUMMONS Union Square Restaurant LLC. d/b/a Moaz, Iris Keltz and Nat Hirshman, Defendants. To the above named Defendant(s) You are hereby summoned to answer the complaint in thisaction and to serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance, on the plaintiff'sattorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete ifthis 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 complaint. Dated: July 17, 2019 Defendant's Address: Borah, Goldstein, AItschuler, Nahins & Goidel, IrisKeltz P.C. Union Square Restaurant LLC Attorney for Plaintiff 8 North Court 377 Broadway Port Washington, NY 10050 New York, NY 10013 212-431-1300 1 of 6 FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 16th 101 East Street Realty LLC, Index No. Plaintiff VERIFIED against COMPLAINT Union Square Restaurant LLC. d/b/a Moaz, Iris Keltz and Nat Hirshman, Defendants. Plaintiff, by its attorneys, Borah, Goldstein, Altschuler, Nahins & Goldel, P.C., complaining of the Defendants, hereby a!!eges as follows: AS A FIRST CAUSE OF ACTION AGAINST UNION SQUARE 1. That at all times mentioned herein the Plaintiff was and still is a limited liability company organized and existing under the laws of the State of New York. 2. That at alltimes mentioned herein the Plaintiff was and stillis the owner of the 16th premises known as 101 East Street, in the County, City and State of New York (hereinafter referred to as the "Premises"). 3. That upon information and belief, at alltimes mentioned herein, the Defendant Union Square Restaurant LLC (hereinafter referred to as "Union Square") was a limited liability corporation corporation organized and existing under the laws of the State of New York. 4. That at alltimes mentioned herein the Defendant Iris Keltz (hereinafter referred to as "Keltz") was a resident of the State of New York. 5. That at alltimes menticñed herein the Defendant Nat Hirshman (hereinafter 2 of 6 FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 referred to as "Hirshman") was a resident of the State of New York. 6. That Union Square was a coillillercial tenant in approximately 800 square feet on the ground floor of the Premises pursuant to a written Standard Form of Store Lease dated August 3, 2006 (hereinafter referred to as the "Lease"). 7. That by Agreement Extending Lease dated February 12, 2016 the term of the Lease was extended through July 31, 2021. 8. That Union Square vacated the Premises on or about May 30, 2019 and prior to the expiration of the Lease, as extended. 9. That Union Square is responsible for the monthly base rent plus escalations through July 31, 2019. 10. That as of May 31, 2019 the amount of $112,150.44 is due and owing to Plaintiff from Union Square for base rent, fuel, water and insurance charges, real estate tax escalation charges and late fees, no part of which has been paid although duly demanded. 11. That from June 1, 2019 through July 31, 2021 the additional amount of $655,042.00 is due and owing to Plaintiff from Union Square. 12. That as a result of the foregoing, Plaintiff is entitled to judgment against Union Square in the amount of $767,192.44 plus interest from May 30, 2019. AS A SECOND CAUSE OF ACTION AGAINST KELTZ AND HIRSHMAN 13. Plaintiff repeats and reiterates each and every allegation contained in paragraphs 1 through 12 of this complaint as iffully set forth at length herein. 14. That Keltz and Hirshman provided a written Limited Guarantee dated August 3, 2006. 15. That the Limited Guarantee states, in part: 3 of 6 FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 FOR VALUE RECElVED, . . . the undersigned irrevocably jointly and severally guarantee to Landlord, itssuccessors and assigns, fullpayment by Tenant of rent and additional rent pursuant to the Lease, from and after the expiration or earlier termination of the Lease and until the date Tenant and anyone claiming through the Tenant vacates the demised Premises, removes all its personal property therefrom, surrenders possession of the demised premises to Landlord and delivers a duly ." executed Surrender Declaration in the form annexed hereto . . 11. That the required Surrender Agreement was delivered to Plaintiff on or about May 30, 2019. 12. That as of May 30, 2019 the amount of $112,150.44 is due and owing to Plaintiff from Keltz and Hirshman for base rent, fuel, water and insurance charges, real estate tax escalation charges and late fees, no part of which has been paid although duly demanded. 13. That as a result of the foregoing Plaintiff is entitled to judgment against Keltz and Hirshman in the amount of $112,150.44 plus interest from May 30, 2019. AS A THIRD CAUSE OF ACTION 14. Plaintiff repeats and reiterates each and every allegation contained in paragraph 1 through 13 of this complaint as iffully set forth at length herein. 15. That pursuant to paragraph 19 of the Lease, Plaintiff is entitled to recover from Defendants its reasonable attorney fees and expenses which are incurred in connection with the prosecution of this action. 16. That as a result of the foregoing, Plaintiff is entitled to recover from Defendants, jointly and severally, its reasonable attorney fees and expenses in an amount to be determined by this Court at trial, but not less than $20,000.00. WHEREFORE, Plaintiff requests that judgment be entered against Defendant Union Square upon the firstcause of action in the amount of $767,192.44 plus interest from May 30, 2019; against Defendants Keltz and Hirshman upon second cause of action in the amount of 4 of 6 FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 $112,150.44 plus interest from May 30, 2019; and against all Defendants, jointly and severally upon the third cause of action in an amount to be determined by this Court but not less then $20,000.00, together with costs and disbursements, together with such other and further relief as the court may deem just fair and proper. Dated: New York, NY July 17, 2019 Yours etc., rk Krassner Borah, Goldstein, AItschuler, Nahins & Goidel, P.C. Attorneys for Plaintiff 377 Broadway New York, NY 10013 212-431-1300 ext 208 5 of 6 FILED: NEW YORK COUNTY CLERK 07/17/2019 01:49 PM INDEX NO. 654090/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 VERIFICATION STATE OF NEW YORK COUNTY OF NEW YORK Kenneth Rotner, being duly sworn deposes and says: 1 am a member of Plaintiffand have read the complaint and state that to the foregoing best of my knowledge the statements contained therein are true and as to those correct; statements set forth upon information and belief I believe them to be true. Kenneth Rotoer Sworn to me this 1 c ay of ul 201 Notary Fublic SVETI ANA KAZHDAN NOTARYPUBlK STATE0F NEW YORK RegistralienNo. 01KA637313-i Qualified jn KINGS County CommissionSpires 04/02/2022 6 of 6