On July 12, 2019 a
Motion-Secondary
was filed
involving a dispute between
Jpmorgan Chase Bank, N.A.,
and
375 Amsterdam Avenue Restaurant Llc,
6530 Sunset Boulevard Restaurant, Llc,
April E. Bloomfield,
Biergarten Llc,
Kenneth D. Friedman,
for Commercial - Contract
in the District Court of Westchester County.
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FILED: WESTCHESTER COUNTY CLERK 06/05/2020 08:44 AM INDEX NO. 60464/2019
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/05/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
JPMORGAN CHASE BANK, N.A., Index No. 60464/2019
Plaintiff,
AFFIRMATION IN OPPOSITION
-against- TO PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT AS TO
375 AMSTERDAM AVENUE RESTAURANT LLC, DEFENDANT APRIL
6530 SUNSET BOULEVARD RESTAURANT, LLC BLOOMFIELD
BIERGARTEN LLC,
KENNETH D. FRIEDMAN
and APRIL E. BLOOMFIELD,
Defendants.
JOSHUA H. ABRAMSON, an attorney duly admitted to practice law in the State of New
York, states the following to be true under penalty of perjury:
1. I am counsel with the law firm of Porzio, Bromberg & Newman, P.C., attorneys for
defendant April Bloomfield, and I have personal knowledge of the facts set forth herein.
2. I respectfully submit this affirmation in opposition to plaintiff's motion for summary
judgment, which seeks to recover over $2.5 million dollars from April Bloomfield due to alleged
defaults on personal Guarantees.
3. April Bloomfield and co-defendant Ken Friedman served and filed their Answers to
the Complaint on November 18, 2019.1 Plaintiff has now, prematurely, filed a motion for summary
judgment just over two months after the answers were filed. Critically, no discovery has been
exchanged in this case and no preliminary conference has been held.
4. We have been diligently working with April Bloomfield to determine the relevant
facts and documents surrounding this lawsuit, and have every intention of seeking discovery.
April Bloomfield had no involvement in the defendant Borrowers' financial operations, and she
1
No other party has answered.
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FILED: WESTCHESTER COUNTY CLERK 06/05/2020 08:44 AM INDEX NO. 60464/2019
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/05/2020
does not possess, or have access to, sufficient documents or information concerning how the loan
funds were paid to Borrowers, the amounts that were repaid, or the specific dates of any alleged
defaults. Her only avenue to access this information and mount a defense is by conducting limited
discovery. With no written discovery and limited depositions, Bloomfield will be deprived of her
right to information that is material and necessary for her defense.
5. The importance of permitting at least limited discovery in this case is also essential
because Chase has presented insufficient documentation to demonstrate the amounts it claims are
due on the loans and guarantees at issue.
6. Given the opportunity, which is undoubtedly warranted here, April Bloomfield will
serve discovery demands in a timely manner and the parties can conduct written discovery and
depositions expeditiously. There will be no prejudice to Chase, and Bloomfield should not be
denied a fair opportunity to defend herself in this action.
WHEREFORE, defendant April Bloomfield respectfully requests that this Court deny
Chase's motion for summary judgment as to April Bloomfield.
Dated: New York, New York
June 5, 2020
s/Joshua H. Abramson
JOSHUA H. ABRAMSON
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2 of 2
Document Filed Date
June 05, 2020
Case Filing Date
July 12, 2019
Category
Commercial - Contract
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FILED: WESTCHESTER COUNTY CLERK 06/05/2020 08:44 AM INDEX NO. 60464/2019 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/05/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER JPMORGAN CHASE BANK, N.A., Index No. 60464/2019 Plaintiff, AFFIRMATION IN OPPOSITION -against- TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO 375 AMSTERDAM AVENUE RESTAURANT LLC, DEFENDANT APRIL 6530 SUNSET BOULEVARD RESTAURANT, LLC BLOOMFIELD BIERGARTEN LLC, KENNETH D. FRIEDMAN and APRIL E. BLOOMFIELD, Defendants. JOSHUA H. ABRAMSON, an attorney duly admitted to practice law in the State of New York, states the following to be true under penalty of perjury: 1. I am counsel with the law firm of Porzio, Bromberg & Newman, P.C., attorneys for defendant April Bloomfield, and I have personal knowledge of the facts set forth herein. 2. I respectfully submit this affirmation in opposition to plaintiff's motion for summary judgment, which seeks to recover over $2.5 million dollars from April Bloomfield due to alleged defaults on personal Guarantees. 3. April Bloomfield and co-defendant Ken Friedman served and filed their Answers to the Complaint on November 18, 2019.1 Plaintiff has now, prematurely, filed a motion for summary judgment just over two months after the answers were filed. Critically, no discovery has been exchanged in this case and no preliminary conference has been held. 4. We have been diligently working with April Bloomfield to determine the relevant facts and documents surrounding this lawsuit, and have every intention of seeking discovery. April Bloomfield had no involvement in the defendant Borrowers' financial operations, and she 1 No other party has answered. 4436640 1 of 2 FILED: WESTCHESTER COUNTY CLERK 06/05/2020 08:44 AM INDEX NO. 60464/2019 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 06/05/2020 does not possess, or have access to, sufficient documents or information concerning how the loan funds were paid to Borrowers, the amounts that were repaid, or the specific dates of any alleged defaults. Her only avenue to access this information and mount a defense is by conducting limited discovery. With no written discovery and limited depositions, Bloomfield will be deprived of her right to information that is material and necessary for her defense. 5. The importance of permitting at least limited discovery in this case is also essential because Chase has presented insufficient documentation to demonstrate the amounts it claims are due on the loans and guarantees at issue. 6. Given the opportunity, which is undoubtedly warranted here, April Bloomfield will serve discovery demands in a timely manner and the parties can conduct written discovery and depositions expeditiously. There will be no prejudice to Chase, and Bloomfield should not be denied a fair opportunity to defend herself in this action. WHEREFORE, defendant April Bloomfield respectfully requests that this Court deny Chase's motion for summary judgment as to April Bloomfield. Dated: New York, New York June 5, 2020 s/Joshua H. Abramson JOSHUA H. ABRAMSON 4436640 2 2 of 2