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White Plains Healthcare Properties I, Llc v. Hbl Snf, Llc, Lizer Jozefovic aka Lizer Jozofovic, Mark Neuman

A Commercial Division case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Westchester County. Judge Gretchen Walsh presiding.

Case Details

Case Number

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Filing Date

September 18, 2020

Last Refreshed

October 10, 2023

Filing Location

Westchester County, NY

Judge

Hon. Gretchen Walsh Trellis Spinner 👉 Discover key insights by exploring more analytics for Gretchen Walsh   

Category

Commercial Division

Practice Area

Commercial

Matter Type

General Commercial

Status

Active

Overview

I. This action concerns HBL's material default of its obligations under an amended

and restated operating lease dated as of November 19, 2015 (the "Lease"), by which WPH

Properties leased to HBL a brand new, state-of-the-art, 160-bed skilled nursing facility that WPH

Properties constructed at 116-120 Church Street, White Plains, New York.

WPH Properties had constructed the nursing facility and entered into the Lease with

HBL dated November 19, 2015. The Lease was amended and restated in 2017. It provided that

HBL would operate the facility for 30 years. The Lease commenced on September 30, 2019. HBL

took possession of the facility on September 3 0, 2019. By the end of October 2019, HBL had

Causes of Action

1. AGAINST HBL (BREACH OF CONTRACT)

2. AGAINST HBL (BREACH OF CONTRACT)

3. AGAINST JOZEFOVIC (ENFORCING GUARANTY)

4. AGAINST NEUMAN (ENFORCING GUARANTY)

Parties

Plaintiffs

White Plains Healthcare Properties I, Llc

Attorneys for Plaintiffs

Coleman, William V
Dawson, Peter S
Donnellan, Alfred E.
Lara-Garduno, Nelida

Defendants

Hbl Snf, Llc
Lizer Jozefovic Aka Lizer Jozofovic
Mark Neuman

Attorneys for Defendants

Giardino, John J.
Tracy, James P

Other Parties

Malatak, Robert Jerome (Attorney)
Metropolitan Commercial Bank (Non Party)

Case Documents

STIPULATION - OTHER

Date: Oct 31, 2022

STIPULATION - OTHER

Date: Sep 08, 2022

AFFIRMATION (Motion 7)

Date: Jul 21, 2022

MEMORANDUM OF LAW

Date: Jul 15, 2022

AFFIRMATION (Motion 7)

Date: Jun 16, 2022

EXHIBIT(S) - B

Date: Nov 03, 2021

EXHIBIT(S) - A

Date: Nov 03, 2021

ORDER TO SHOW CAUSE

Date: Oct 29, 2021

ANSWER (AMENDED)

Date: Oct 25, 2021

NOTICE OF MOTION

Date: Aug 19, 2021

ORDER TO SHOW CAUSE

Date: Jun 30, 2021

NOTICE OF ENTRY

Date: Jun 30, 2021

ORDER - MEDIATION

Date: Jun 03, 2021

EXHIBIT(S) - 2

Date: Jun 02, 2021

EXHIBIT(S) - 3

Date: Jun 02, 2021

EXHIBIT(S) - 4

Date: Jun 02, 2021

EXHIBIT(S) - 5

Date: Jun 02, 2021

NOTICE TO ADMIT

Date: Jun 02, 2021

ANSWER (AMENDED)

Date: May 21, 2021

EXHIBIT(S) - A

Date: May 21, 2021

COMPLAINT (AMENDED)

Date: Mar 22, 2021

NOTICE OF ENTRY

Date: Mar 19, 2021

DECISION ORDER ON MOTION

Date: Mar 18, 2021

STIPULATION - SO ORDERED

Date: Mar 11, 2021

REPLY TO COUNTERCLAIM(S)

Date: Dec 11, 2020

EXHIBIT(S) - 1

Date: Dec 04, 2020

EXHIBIT(S) - 3

Date: Dec 04, 2020

EXHIBIT(S) - 2

Date: Dec 04, 2020

COMPLAINT (AMENDED)

Date: Nov 30, 2020

EXHIBIT(S) - 1

Date: Nov 12, 2020

ORDER ( PROPOSED )

Date: Nov 05, 2020

NOTICE OF CROSS-MOTION

Date: Nov 05, 2020

COURT NOTICE

Date: Oct 29, 2020

ORDER ( PROPOSED )

Date: Oct 28, 2020

NOTICE OF MOTION

Date: Oct 28, 2020

BILL OF COSTS

Date: Oct 28, 2020

SUMMONS COMPLAINT

Date: Sep 18, 2020

EXHIBIT(S) - 5

Date: Sep 18, 2020

Case Events

Type Description
STIPULATION - OTHER
SUBSTITUTION OF ATTORNEY (POST RJI)
Amended Substitution of Attorney on behalf of Plaintiff HBL SNF, LLC Changed on Consent
SUBSTITUTION OF ATTORNEY (POST RJI)
STIPULATION - OTHER
MEMORANDUM OF LAW IN OPPOSITION (Motion #7)
Memo of Law to Defendants' Motion for a Preliminary Injunction Invalidating UCC Sale
AFFIRMATION (Motion #7)
Supplemental Affirmation of Lisa Colosi Florio
EXHIBIT(S) - A (Motion #7)
Donnellan Declaration with exhibits
EXHIBIT(S) - 3 (Motion #6) Reconciliation of default and late charges Redacted per 22 NYCRR
Reconciliation of default and late charges Redacted
MEMORANDUM OF LAW
EXHIBIT(S) - A (Motion #7)
Notice of Sale
EXHIBIT(S) - B (Motion #7)
Terms of Sale
MEMORANDUM OF LAW (Motion #7) Third-Party Defendant Metropolitan Commercial Bank's Memorandum of Law in Support of Defendants' Ord
Third-Party Defendant Metropolitan Commercial Bank's Memorandum of Law in Support of Defendants' Ord ... show more
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #6)
Supplemental Affirmation of Alfred E. Donnellan
EXHIBIT(S) - 2 (Motion #6)
Chart of accelerated rent owed
EXHIBIT(S) - 1 (Motion #6)
Amounts due under lease
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #6) *Corrected*
Supplemental Affidavit of Edward O. Tabor
EXHIBIT(S) - 1 (Motion #6)
Bankruptcy Court Memorandum of Decision
EXHIBIT(S) - 2 (Motion #6)
Bankruptcy Court order granting partial summary judgment
EXHIBIT(S) - 3 (Motion #6)
Bankruptcy Court remand order
AFFIRMATION (Motion #7) Malatak Affirmation in Partial Joinder and Support of Defendants' / Third-Party Plaintiffs' Order to
Malatak Affirmation in Partial Joinder and Support of Defendants' / Third-Party Plaintiffs' Order to ... show more
EXHIBIT(S) - 4 (Motion #6)
Memorandums submitted to Bankruptcy Court
EXHIBIT(S) - C (Motion #7)
Sales Publication
LETTER / CORRESPONDENCE TO JUDGE
Request for Settlement Conference
EXHIBIT(S) - B (Motion #7)
October 29 2021 order to Show Cause
EXHIBIT(S) - C (Motion #7)
Declaration of Alfred E Donnellan, Declaration of Nelida Lara, Memorandum of Law
AFFIRMATION (Motion #7)
Affirmation of Lisa Colosi Florio
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
EXHIBIT(S) - A (Motion #7)
Remand order
LETTER / CORRESPONDENCE TO JUDGE
Request for Pre Motion Conference
NOTICE OF REMOVAL / REMAND (POST RJI)
EXHIBIT(S) - B
Copy of State Court Docket
EXHIBIT(S) - A
Copy of State Court Docket
ORDER TO SHOW CAUSE
EXHIBIT(S) - A (Motion #8)
Amended Lease
EXHIBIT(S) - B (Motion #8)
Notice of Exercise of Option Letter
EXHIBIT(S) - A (Motion #8)
PROPOSED Second Amended Verified Answer and Third-Party Complaint
EXHIBIT(S) - C (Motion #8)
Response Letter
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #8)
AFFIDAVIT OF LIZER JOZEFOVIC IN SUPPORT OF MOTION FOR LEAVE TO AMEND AND DECLARATORY JUDGMENT
EXHIBIT(S) - C (Motion #6)
Amended Lease
EXHIBIT(S) - D (Motion #6)
Collateral Assignment
EXHIBIT(S) - H (Motion #6)
Notice of Default
EXHIBIT(S) - E (Motion #6)
August 2017 Emails
EXHIBIT(S) - B (Motion #6)
Term Sheet
EXHIBIT(S) - F (Motion #6)
Loan Agreement
EXHIBIT(S) - A (Motion #7)
Notification of Disposition of Collateral
EXHIBIT(S) - C (Motion #8)
Response Letter
EXHIBIT(S) - B (Motion #7)
Letter re auction
EXHIBIT(S) - B (Motion #8)
Notice of Exercise of Option Letter
MEMORANDUM OF LAW IN SUPPORT
EXHIBIT(S) - J (Motion #6)
Foreclosure Action
EXHIBIT(S) - L (Motion #6)
Tax Records
EXHIBIT(S) - M (Motion #6)
Utility Records
EXHIBIT(S) - K (Motion #6)
Rent Payments
EXHIBIT(S) - I (Motion #6)
Security Benefit Letters
RESPONSE TO STATEMENT OF MATERIAL FACTS
EXHIBIT(S) - O (Motion #6)
Provider agreements and Rate Sheets
ORDER TO SHOW CAUSE ( PROPOSED )
MEMORANDUM IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION
EXHIBIT(S) - G (Motion #6)
Letter of Intent
EXHIBIT(S) - A (Motion #6)
Development Agreement
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION
EXHIBIT(S) - A (Motion #8)
Amended Laase
EXHIBIT(S) - N (Motion #6)
Certificates of Insurance
ANSWER (AMENDED)
NOTICE OF MOTION (Motion #8)
EXHIBIT(S) - P (Motion #6)
First Amended Document Requests to Plaintiff
EXHIBIT(S) - Q (Motion #6)
Amended Answer
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
LETTER / CORRESPONDENCE TO JUDGE
LETTER / CORRESPONDENCE TO JUDGE
LETTER / CORRESPONDENCE TO JUDGE
LETTER / CORRESPONDENCE TO JUDGE
EXHIBIT(S) - 11 (Motion #6)
Notice to Admit with exhibits
EXHIBIT(S) - 22 (Motion #6)
Term Sheet 2015.11.20
EXHIBIT(S) - 2 (Motion #6)
Answer with Counterclaims and Third Party Complaint
EXHIBIT(S) - 1 (Motion #6)
Summons & Complaint - Westchester County action
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #6)
Affirmation of Alfred E. Donnellan, Esq.
EXHIBIT(S) - 9 (Motion #6)
Decision and Order 2021.04.08
NOTICE OF MOTION
EXHIBIT(S) - 3 (Motion #6)
Amended Verified Complaint 2020.11.30
EXHIBIT(S) - 26 (Motion #6) Notice of Default Redacted per 22 NYCRR
Notice of Default Redacted
EXHIBIT(S) - 35 (Motion #6)
Operating Lease
EXHIBIT(S) - 24 (Motion #6)
Itemization of amounts due under lease and LOI
EXHIBIT(S) - 23 (Motion #6)
Jozefovic Affidavit
EXHIBIT(S) - 28 (Motion #6) Professional Fees Redacted per 22 NYCRR
Professional Fees Redacted
EXHIBIT(S) - 16 (Motion #6) Pledge Agreement Redacted per 22 NYCRR
Pledge Agreement Redacted
EXHIBIT(S) - 27 (Motion #6)
Accelerated Rent (NPV)
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #6)
Affidavit of Edward Tabor
EXHIBIT(S) - 31 (Motion #6)
Complaint in Security Benefit Foreclosure Action
EXHIBIT(S) - 36 (Motion #6)
Zafrin e-mail dated 4-11-17
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #6)
Affidavit of William Nicholson
EXHIBIT(S) - 7 (Motion #6)
Answer - NY County
EXHIBIT(S) - 6 (Motion #6)
Summons & Complaint - NY County
EXHIBIT(S) - 10 (Motion #6)
First Amended Verified Answer
EXHIBIT(S) - 25 (Motion #6)
List of Rents & Late Charges
EXHIBIT(S) - 12 (Motion #6)
Lease
EXHIBIT(S) - 29 (Motion #6)
Security Benefit Notice of Default dated 4-16-20
EXHIBIT(S) - 30 (Motion #6)
Notice of Default 5-22-20
EXHIBIT(S) - 41 (Motion #6)
HBL Medicaid Rates Dated 11-14-2019
EXHIBIT(S) - 13 (Motion #6) Development Agreement Redacted per 22 NYCRR
Development Agreement Redacted
EXHIBIT(S) - 34 (Motion #6)
Fed Ex Receipt
EXHIBIT(S) - 8 (Motion #6)
Answer of MCB - NY County
EXHIBIT(S) - 4 (Motion #6)
Reply to Counterclaims and Answer to Third-Party Complaint
EXHIBIT(S) - 5 (Motion #6)
First Amended Verified Complaint 2021.03.22
EXHIBIT(S) - 17 (Motion #6)
Letter of Intent
EXHIBIT(S) - 14 (Motion #6) Jozefovic Guaranty Redacted per 22 NYCRR
Jozefovic Guaranty Redacted
EXHIBIT(S) - 18 (Motion #6)
White Plains TCO
EXHIBIT(S) - 37 (Motion #6)
Estoppel Certificate to Security Benefit
EXHIBIT(S) - 19 (Motion #6)
AIA form G704
EXHIBIT(S) - 15 (Motion #6) Neuman Guaranty Redacted per 22 NYCRR
Neuman Guaranty Redacted
EXHIBIT(S) - 21 (Motion #6)
NYSDOH email 2019.10.01
EXHIBIT(S) - 20 (Motion #6)
NYSDOH letter 2019.12.02
EXHIBIT(S) - 33 (Motion #6)
Unreimbursed Deposits and Payments
EXHIBIT(S) - 38 (Motion #6)
Payment of Real Estate Taxes
EXHIBIT(S) - 39 (Motion #6)
Certificates of Insurance
MEMORANDUM OF LAW IN SUPPORT
EXHIBIT(S) - 32 (Motion #6) Itemization of Amounts Due Redacted per 22 NYCRR
Itemization of Amounts Due Redacted
STATEMENT OF MATERIAL FACTS
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #6)
Affidavit of Howard Fensterman
EXHIBIT(S) - 40 (Motion #6)
Tenant Insurance Analysis
LETTER / CORRESPONDENCE TO JUDGE
LETTER / CORRESPONDENCE TO JUDGE
COUNTY CLERK CERTIFICATION OF MINUTES
RECEIPT OF FILE - TRANSFER CASE
NY County File Part 1 of 2- Transfer and consolidation of NY County Index 655549/2020
RECEIPT OF FILE - TRANSFER CASE
NY County File Part 2 of 2- Transfer and consolidation of NY County Index 655549/2020
NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE (Motion #5) *Corrected*
Notice of Appeal
ORDER TO SHOW CAUSE
NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE
EXHIBIT(S) - 7 (Motion #5)
Exhibit 7 - Article
EXHIBIT(S) - 6 (Motion #5)
Exhibit 6 Certificate
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #5) Second Supplemental Affirmation of Robert J. Malatak in Partial Joinder and Support of Defendants'/T
Second Supplemental Affirmation of Robert J. Malatak in Partial Joinder and Support of Defendants'/T ... show more
NOTICE OF ENTRY
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #5) Supplemental Affidavit of Brett Bandazian in Partial Joinder and Support of Defendants'/Third-Party
Supplemental Affidavit of Brett Bandazian in Partial Joinder and Support of Defendants'/Third-Party ... show more
EXHIBIT(S) - I (Motion #5)
Mortgage
EXHIBIT(S) - J (Motion #5)
Security Benefit Notice of Default
EXHIBIT(S) - C (Motion #5) Neuman Guaranty Redacted per 22 NYCRR
Neuman Guaranty Redacted
EXHIBIT(S) - B (Motion #5) Jozefovic Guaranty Redacted per 22 NYCRR
Jozefovic Guaranty Redacted
EXHIBIT(S) - D (Motion #5) Collateral Assignment and Pledge Redacted per 22 NYCRR
Collateral Assignment and Pledge Redacted
EXHIBIT(S) - F (Motion #5) Notice of Defalt Redacted per 22 NYCRR
Notice of Defalt Redacted
EXHIBIT(S) - CC (Motion #5)
Email
EXHIBIT(S) - V (Motion #5)
Development Agreement
EXHIBIT(S) - Y (Motion #5)
June 10,2021 Letter
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #5)
Affirmation of Alfred E. Donnellan
EXHIBIT(S) - X (Motion #5)
Notification of Disposition of Collateral
EXHIBIT(S) - W (Motion #5) Letter of Intent Redacted per 22 NYCRR
Letter of Intent Redacted
EXHIBIT(S) - Z (Motion #5)
Publication
EXHIBIT(S) - R (Motion #5)
Email
MEMORANDUM OF LAW IN OPPOSITION
EXHIBIT(S) - DD (Motion #5)
Fed Ex Receipt
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #5)
Affidavit of Howard Fensterman
EXHIBIT(S) - L (Motion #5)
Security Benefit Complaint
EXHIBIT(S) - K (Motion #5)
Security Benefit Notice of Default
LETTER / CORRESPONDENCE TO JUDGE
EXHIBIT(S) - T (Motion #5)
Operating Agreement
EXHIBIT(S) - Q (Motion #5)
Pinnacle letter
EXHIBIT(S) - U (Motion #5)
NYSDOH Letter
EXHIBIT(S) - BB (Motion #5)
Amended and Restated Operating Agreement of Waterview
EXHIBIT(S) - AA (Motion #5)
Terms of Sale
EXHIBIT(S) - M (Motion #5)
Email
EXHIBIT(S) - N (Motion #5)
Hebrew Hospital Bankruptcy Filing Notice
EXHIBIT(S) - S (Motion #5)
Bankruptcy Court Order
EXHIBIT(S) - P (Motion #5)
Pinnacle letter
EXHIBIT(S) - O (Motion #5)
NYDOH letter
EXHIBIT(S) - A (Motion #5) Lease Redacted per 22 NYCRR
Lease Redacted
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #5)
Affidavit of William A. Nicholson
EXHIBIT(S) - G (Motion #5)
Construction Loan Agreement
EXHIBIT(S) - E (Motion #5)
UCC Financing Statement
EXHIBIT(S) - H (Motion #5)
Note
LETTER / CORRESPONDENCE TO JUDGE
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #5)
Affidavit of Lizer Jozefovic
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #5) Supplemental Affirmation of Robert J. Malatak in Partial Joinder and Support of Defendants' Third-Pa
Supplemental Affirmation of Robert J. Malatak in Partial Joinder and Support of Defendants' Third-Pa ... show more
EXHIBIT(S) - 4 (Motion #5)
Exhibit 4 - Decision and Order
MEMORANDUM OF LAW IN SUPPORT (Motion #5) Third-Party Defendant/Cross-Claimant Metropolitan Commercial Bank's Memorandum of Law in Partial Joi
Third-Party Defendant/Cross-Claimant Metropolitan Commercial Bank's Memorandum of Law in Partial Joi ... show more
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #5) Affirmation of Robert J. Malatak in Partial Joinder and Support of Defendants' / Third-Party Plainti
Affirmation of Robert J. Malatak in Partial Joinder and Support of Defendants' / Third-Party Plainti ... show more
EXHIBIT(S) - 1 (Motion #5)
Exhibit 1 - Bandazian Affidavit
EXHIBIT(S) - 3 (Motion #5)
Exhibit 3 - Answer with Cross-Claims
EXHIBIT(S) - 2 (Motion #5)
Exhibit 2 - Prior Order to Show Cause
EXHIBIT(S) - 5 (Motion #5)
Exhibit 5 - Notice of Sale
MEMORANDUM OF LAW IN SUPPORT
EXHIBIT(S) - C (Motion #5)
Term Sheet, 11.20.15
EXHIBIT(S) - E (Motion #5)
November 19 Email and Account Statement
EXHIBIT(S) - F (Motion #5)
August 10 Email
EXHIBIT(S) - D (Motion #5)
Collateral Assignment
EXHIBIT(S) - G (Motion #5)
August 16 Emails
ORDER TO SHOW CAUSE ( PROPOSED )
EXHIBIT(S) - I (Motion #5)
Letter of Intent
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
EXHIBIT(S) - K (Motion #5)
NYSDOH Letter
EXHIBIT(S) - J (Motion #5)
Security Benefit Letters
EXHIBIT(S) - M (Motion #5)
2020 Monthly Invoices
EXHIBIT(S) - N (Motion #5)
September Letter
EXHIBIT(S) - B (Motion #5)
Second Notification of Disposition of Collateral, 6.9.21
EXHIBIT(S) - O (Motion #5)
Proposed UCC Form
EXHIBIT(S) - A (Motion #5)
First Notification of Disposition of Collateral, 10.6.20
EXHIBIT(S) - L (Motion #5)
Certificate of Amendment
EXHIBIT(S) - H (Motion #5)
August 17 Email
hearing TRC/VIA TEAMS

Judge: Walsh, Hon. Gretchen

ORDER - MEDIATION
EXHIBIT(S) - 2
to Notice to Admit - Development Agreement
EXHIBIT(S) - 1 to Notice to Admit - Lease Redacted per 22 NYCRR
to Notice to Admit - Lease Redacted
EXHIBIT(S) - 3
to Notice to Admit - Temporary C of O
EXHIBIT(S) - 4
to Notice to Admit - AJA form 0704
EXHIBIT(S) - 5
to Notice to Admit - NYSDOH letter
NOTICE TO ADMIT
LETTER / CORRESPONDENCE TO JUDGE
ANSWER (AMENDED)
EXHIBIT(S) - A
Incorporated Complaint from New York County
DECISION + ORDER ON MOTION (Motion #4)
Motion withdrawn without prejudice
LETTER / CORRESPONDENCE TO JUDGE
LETTER / CORRESPONDENCE TO JUDGE
EXHIBIT(S) - 1 Amended and Restated Lease Redacted per 22 NYCRR
Amended and Restated Lease Redacted
EXHIBIT(S) - 5 Letter of Intent Redacted per 22 NYCRR
Letter of Intent Redacted
EXHIBIT(S) - 6 Notice of Default Redacted per 22 NYCRR
Notice of Default Redacted
EXHIBIT(S) - 3 Neuman Guaranty of Lease Redacted per 22 NYCRR
Neuman Guaranty of Lease Redacted
EXHIBIT(S) - 2 Jozefovic Guaranty of Lease Redacted per 22 NYCRR
Jozefovic Guaranty of Lease Redacted
EXHIBIT(S) - 4 Jozefovic Security Agreement Redacted per 22 NYCRR
Jozefovic Security Agreement Redacted
COMPLAINT (AMENDED)
First Amended Verified Complaint
NOTICE OF ENTRY
DECISION + ORDER ON MOTION
STIPULATION - SO ORDERED
STIPULATION - DISCOVERY ( REQUEST TO SO ORDER ) (Motion #4)
Stipulation regarding document discovery and motion to dismiss
MEMORANDUM OF LAW IN REPLY
EXHIBIT(S) - A (Motion #3)
NY County Complaint
AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #3)
Reply Affirmation of Alfred E. Donnellan
EXHIBIT(S) - A (Motion #3)
Collateral Assignment
EXHIBIT(S) - D (Motion #3)
Judge Bannon's Interim Order
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
EXHIBIT(S) - B (Motion #3)
Notification of Disposition of Collateral
EXHIBIT(S) - C (Motion #3)
Complaint in New York Action
MEMORANDUM OF LAW IN OPPOSITION
LETTER / CORRESPONDENCE TO JUDGE
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #4)
Affirmation of Alfred E. Donnellan
NOTICE OF MOTION (Motion #4)
EXHIBIT(S) - D (Motion #4) Lease Redacted per 22 NYCRR
Lease Redacted
EXHIBIT(S) - A (Motion #4) Complaint Redacted per 22 NYCRR
Complaint Redacted
EXHIBIT(S) - B (Motion #4)
Answer
EXHIBIT(S) - F (Motion #4)
AJA Form 0704
EXHIBIT(S) - C (Motion #4)
Development Agreement
EXHIBIT(S) - E (Motion #4)
Temporary Certificate of Occupancy
MEMORANDUM OF LAW IN SUPPORT
EXHIBIT(S) - G (Motion #4)
NYSDOH Communication
EXHIBIT(S) - A (Motion #3) Complaint with exhibits Redacted per 22 NYCRR
Complaint with exhibits Redacted
EXHIBIT(S) - D (Motion #3)
Redline version of Amended Complaint
EXHIBIT(S) - E (Motion #3)
December 2, 2020 letter
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #3)
Affirmation of Alfred E. Donnellan in Support of Motion to file Amended Complaint
EXHIBIT(S) - G (Motion #3) Lease Redacted per 22 NYCRR
Lease Redacted
EXHIBIT(S) - F (Motion #3) Security Agreement Redacted per 22 NYCRR
Security Agreement Redacted
EXHIBIT(S) - H (Motion #3)
NY County Action Answer
MEMORANDUM OF LAW IN SUPPORT
EXHIBIT(S) - B (Motion #3)
Verified Answer
EXHIBIT(S) - C (Motion #3) Amended Compliant with exhibits Redacted per 22 NYCRR
Amended Compliant with exhibits Redacted
NOTICE OF MOTION (Motion #3)
to file Amended Complaint
LETTER / CORRESPONDENCE TO JUDGE
hearing VIA TEAMS

Judge: Walsh, Hon. Gretchen

REPLY TO COUNTERCLAIM(S)
Verified Reply to Counterclaims
ANSWER TO THIRD PARTY COMPLAINT
Verified Answer to Third Party Complaint
hearing Decided (Motion #002)
Commercial Division

Judge: Walsh, Hon. Gretchen

LETTER / CORRESPONDENCE TO JUDGE
Letter to Judge Walsh requesting pre motion conference
EXHIBIT(S) - 1
Amended complaint
EXHIBIT(S) - 3
Compared version of amended complaint
EXHIBIT(S) - 2
December 2, 2020 letter
COMPLAINT (AMENDED)
Amended Verified Complaint
EXHIBIT(S) - 1 Amended and Restated Operating Lease Redacted per 22 NYCRR
Amended and Restated Operating Lease Redacted
EXHIBIT(S) - 2 Jozefovic Guaranty of Lease Redacted per 22 NYCRR
Jozefovic Guaranty of Lease Redacted
EXHIBIT(S) - 3 Neuman Guaranty of Lease Redacted per 22 NYCRR
Neuman Guaranty of Lease Redacted
EXHIBIT(S) - 6 Notice of Deafult Redacted per 22 NYCRR
Notice of Deafult Redacted
EXHIBIT(S) - 4 Jozefovic Security Agreement Redacted per 22 NYCRR
Jozefovic Security Agreement Redacted
EXHIBIT(S) - 5 Letter of Intent Redacted per 22 NYCRR
Letter of Intent Redacted
DECISION + ORDER ON MOTION (Motion #1)
Motion withdrawn
DECISION + ORDER ON MOTION (Motion #2)
Motion withdrawn
ORDER - PRELIMINARY CONFERENCE
hearing Decided (Motion #001)
Commercial Division

Judge: Walsh, Hon. Gretchen

hearing Held
PC/VIA TEAMS

Judge: Walsh, Hon. Gretchen

JOINT ONE PAGE STATEMENT OF FACTS & PARTIES CONTENTIONS
EXHIBIT(S) - 1
ADR Attorney Certification for Alfred Donnellan
PRELIMINARY CONFERENCE ORDER (PROPOSED)
EXHIBIT(S) - 1 Copy of Pleadings Redacted per 22 NYCRR
Copy of Pleadings Redacted
STIPULATION - WITHDRAWING MOTION/ORDER TO SHOW CAUSE
Motion Extend - Time (Motion #002)
Decided: 11/10/2020Decided Before Justice: Walsh, Hon. Gretchen
Answer demanded: No

Judge: Walsh, Hon. Gretchen

ANSWER WITH COUNTER-CLAIM(S)
ORDER ( PROPOSED )
MEMORANDUM IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION
NOTICE OF CROSS-MOTION
EXHIBIT(S) - B (Motion #2)
Proof of November Rent Payment
EXHIBIT(S) - A (Motion #2)
Email Correspondence
EXHIBIT(S) - C (Motion #2)
Filed Answer
COURT NOTICE
ORDER ( PROPOSED )
RJI -RE: NOTICE OF MOTION
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #1)
Affirmation of Default of Alfred E. Donnellan
NOTICE OF MOTION
EXHIBIT(S) - 1 (Motion #1) Complaint Redacted per 22 NYCRR
Complaint Redacted
EXHIBIT(S) - 2 (Motion #1)
Affidavit of Service
EXHIBIT(S) - 4 (Motion #1)
Additional Notice
EXHIBIT(S) - 3 (Motion #1)
Confirmation Notices
AFFIRMATION/AFFIDAVIT OF SERVICE
BILL OF COSTS
ADDENDUM - COMMERCIAL DIVISION (840C)
Motion Judgment - Default (Motion #001)
Decided: 11/10/2020Decided Before Justice: Walsh, Hon. Gretchen
Answer demanded: No

Judge: Walsh, Hon. Gretchen

AFFIRMATION/AFFIDAVIT OF SERVICE
affidavits of service of summons and complaint - all defendants
AFFIRMATION/AFFIDAVIT OF SERVICE
affidavit of service upon defendant, HBL SNF, Inc.
SUMMONS + COMPLAINT
EXHIBIT(S) - 2 Guaranty of Lease Redacted per 22 NYCRR
Guaranty of Lease Redacted
EXHIBIT(S) - 4 Letter of Intent Redacted per 22 NYCRR
Letter of Intent Redacted
EXHIBIT(S) - 3 Guaranty of Lease Redacted per 22 NYCRR
Guaranty of Lease Redacted
EXHIBIT(S) - 5
Notice of Default
EXHIBIT(S) - 1 Operating Lease Redacted per 22 NYCRR
Operating Lease Redacted

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