Preview
FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E
NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2024
Supreme Gaurt at tile State at Neur yorlt
Appellate Binistan: First flubitial Bepartment
Informational Statement (Pursuant to 22 NYCRR 1250.3 [a])
For Court of Original Instance
Veteran Hope Complex, LLC; 1078 Park Avenue Realty, LLC and John Votale
as principal and Individually; 4521 Park Avenue Realty, LLC and Carlos De Los Santos, Jose Lozano as
principals and Individually,
Date Notice of Appeal Filed
- against -
South Bronx Overal Economic Development Partners, LLC, Peter Farkas as
Principal and Individually, Park East Tremont Development, LLC and Peter For Appellate Division
Molinari as Principal and individually, Pitchblende Builders, LLC, Peter Molinari
as Principal and Individually.
Civil Action O CPLR article 78 Proceeding Appeal O Transferred Proceeding
O CPLR article 75 Arbitration O Special Proceeding Other O Original Proceedings O CPLR Article 78
O CPLR Article 78 O Executive Law § 298
Habeas Corpus Proceeding
O Eminent Domain O CPLR 5704 Review
Labor Law 220 or 220-b
Public Officers Law § 36
O Real Property Tax Law § 1278
a - a - . a a
O Administrative Review O Business Relationships M Commercial E Contracts
O Declaratory Judgment O Domestic Relations O Election Law O Estate Matters
O Family Court O Mortgage Foreclosure O Miscellaneous ¡ Prisoner Discipline & Parole
Real Property ¡ Statutory O Taxation ¡ Torts
(other than foreclosure)
10 East 39th Street, 7th Floor,
@HP
New York, NY 10016 | Tel: 212.719.0990 | www,phpny.com
1 of 27
FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E
NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2024
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
O Amended Decree O Determination O Order O Resettled Order
O Amended Judgement O Finding O Order & Judgment O Ruling
O Amended Order O Interlocutory Decree O Partial Decree O Other (specify):
E Decision O Interlocutory Judgment O Resettled Decree
O Decree O Judgment O Resettled Judgment
Court: SuDreme Court County: Bronx
Dated: 12/12/2022 Entered: 12/27/23
Judge (name in full): Hon. Fidel Gomez J.S.C. index No.: 805716/2023E
Stage: O Interlocutory E Final O Post-Final Trial: O Yes E No if Yes: O Jury O Non-Jury
Prior Unperfected Appeaf and Related Case Information
Are any appeals arising in the same action or proceeding currently pending in the court? O Yes G No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Commenced by: O Order to Show Cause ¡ Notice of Petition O Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
Court: Choose Court I County: Choose County
Judge (name in full): Order of Transfer Date:
Court: Choose Court County: Choose County
Judge (name in full): Dated:
Description: If an appeal, briefly describe the paper appealed from. if the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
Plaintiffs-Appellants appeal from the decision and order dated December 12, 2023 wherein the lower court sua
sponte dismissed the underlying complaint against Defendant Peter Molinari.
10 East 39th Street, 7th Floor,
@HP
New York, 2NYof
10016
27 | Tel: 212.719.0990 | www.phpny.com
FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E
NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2024
issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds
for reversal, or modification to be advanced and the specific relief sought on appeal.
Whether the lower Court erred and/or abused its discretion in the Misapprehension of material facts in
dispute by articulating in its decision and order mistakenly that no affirmation or evidence in support of
Plaintiffs'
motion for leave to enter the default was submitted.
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal indicate the status of the party in the court of original instance and his, her, or its status in this court, if any, If this
form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1 Veterans Hope Complex, LLC Choose Status Choose Status
2 1078 Park Avenue Realty, LLC Plaintiff Appellant
3 John Vitale as principal and individually Plaintiff Appellant
4 4521 Park Avenue Realty, LLC Plaintiff Appellant
5 Carlos De Los Santos as principal and individually Plaintiff Appellant
6 Jose Lozano as principal and individually Plaintiff Appellant
7 South Bronx Overall Economic Development Corporation Defendant Respondent
8 Concord Development Partners, LLC Defendant Respondent
9 Peter Farkas as principal and individually Defendant Respondent
10 Ivan Dies as principal and individually Defendant Respondent
11 Park East Tremont Development, LLC Defendant Respondent
12 Peter Molinari as principal and individually Defendant Respondent
13 Pitchbennd Defendant Respondent
14 Peter Molinari as principal and individually Defendant Respondent
15 Choose Status Choose Status
16 Choose Status Choose Status
17 C1oose Status Choose Status
18 Choose Status Choose Status
19 Choose Status Choose Status
20 Choose Status Choose Status
10 East 39th Street, 7th Floor,
@HP
New York, NY 10016 | Tel: 212.719.0990 | www.phpny.com
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NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2024
Instructions: Fill in the names of the attorneys or firms for the respective parties. if this form is to be filed with the
notice of petition or order to shoW cause by Which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
Se"
himself, the box marked "Pro must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name: LaW office of Rudolph Silas, Esq.
Address: 2 Carol Avenue West
City: Zip: Telephone (904) 933-7601
West HaverstraW | State: NY 10993 No:
E-maii Address: rnsesq1@gmail.com
Attorney Type: E Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above) 7
Attorney/Firm Name: ANDREW D. STERN, ESO. TANE WATERMAN & Wurtzel, P.C.
Address: 120 BROADWAY, SUITE 948
City: NEW YORK State: NEW YORK Zip: 10271-0040 Telephone No: (212) 766-4000
E-mail Address: Astern@tww.nyc
Attorney Type: E Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 8
Attorney/Firm Name: Peter Farkas, Esq.
Address:
City: State: Zip: No:
| Telephone
E-mail Address:
Attorney Type: O Retained O Assigned O Government E Pro Se ¡ Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above)
Attorney/Firm Name: COLLEEN NICHAIRMHAIC, ESQ. WISS & PARTNERS LLP
Address: 1178 BROADWAY, 3rd Floor 1245
City: NEW YORK State: NEW YORK Zip: 1001 Telephone No: (017) 439-0836
E-mail Address:
Attorney Type: E Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represer ted (se orth parey n 1ber(s) from table above)
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: O Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: O Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):
10 East 39th Street, 7th Floor,
@HP of10016
New York,4 NY 27 I Tel: 212.719.0990 | www.phpny.com
FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E
NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2024
STATEMENT PURSUANT TO CPLR 5531
NEW YORK SUPREME COURT
APPELLATE DIVISION - FIRST DEPARTMENT
Veterans Hope Complex, LLC; 1078 Park Avenue
Realty, LLC and John Vitale as principal and Index No.: 805716/2022E
Individually; 4521 Park Avenue Realty, LLC and Carlos
De Los Santos, Jose Lozano as principals and
Individually,
Appellant,
-against-
South Bronx Overall Economic Development
Corporation, Concord Development Partners, LLC,
Peter Farkas as Principal and individually, Ivan Diaz
Principal and individually, Park East Tremont
Development, LLC and Peter Molinari as principal
and individually, Pitchblende Builders, LLC, Peter
Molinari as Principal and Individually,
Respondent.
1. The index number of the case in the Court below is 805716/2022E
2. The full names of the original parties are set forth above. There has been no
change in the caption.
3. The action was commenced in the Supreme Court, Bronx County.
4. This action was commenced on or about April 1. 2022 by the filing
electronically a summons and Verified Complaint, issue was not joined by
service of a Verified Answer by the Defendant .
5. The nature and object of the action: Breach of Contract and violation of
the deceptive practices Act .
6. The appeal is from the Memorandum Decision and Order dated December 12,
2023.
7. This appeal is being perfected with the use of a fully reproduced Record on
Appeal; or this Appeal is being perfected on the Appendix method.
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224
216 RECEIVED
RECEIVED NYSCEF:
NY SCEF: 01/25/2024
12/27/202
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
VETERAN'S HOPE COMPLEX LLC; 1078
PARK AVENUE REALTY, LLC and JOHN
VITALE as principal and individually; 4521
PARK AVENUE REALTY, LLC and CARLOS
DE LOS SANTOS, JOSE LOZANO
as principals and individually,
Plaintiffs, 805716/2022E
against
SOUTH BRONX OVERALL ECONOMIC
DEVELOPMENT CORPORATION; CONCORD
DEVELOPMENT PARTNERS, LLC, PETER
FARKAS as principal and individually, IVAN DIAZ
as principal and individually; PARK EAST TREMONT
DEVELOPMENT, LLC and PETER MOLINARI as
principal and individually; and PITCHBLENDE BUILDERS,
LLC, PETER MOLINARI, as principal and individually,
Defendants
..--..___---.------..,_ __ --..-.....---------_ __--........----..-- ___ --Ç
NOTICE OF ENTRY
C O U N S E L O R S:
PLEASE TAKE NOTICE that the within a true copy of a Decision and Order of this
Court (Gomez, J.), dated December 12, 2023 which was duly entered in the Office
of the Clerk of the County of Bronx on December 20, 2023.
Dated: New York, New York
December 26, 2023
By:
Wiss & Partners LLP
Attn. Colleen Ni Chairmhaic, Esq.
61 of
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RECEIVED NYSCEF: 12/27 /202
(Colleen
Kerwick)
Attorney for Defendant Park East Tremont Devt.
1178 Third Floor
Broadway,
New York NY 10001.
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215 NEW YORK SUPREMB COURT - COUNTY OF BRONX RECEIVED
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PART 32
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
_____________________________________-_________-____-----------x
VETERANS HOPE COMPLEX, LLC; 1078 PARK AVENUE REALTY, LLC AND
JOHN VITALE AS PRINCIPAL AND INDIVIDUALLY; 4521 PARK AVENUE Index No. 805716/22E
REALTY, LLC AND CARLOS DE LOS SANTOS, JOSE LOEANO AS
PRINCIPALS AND INDIVIDUALLY,
Hon. FIDEL E. GOMEZ
Plaintiff(s), Justice
- against -
SOUTH BRONX OVERALL DEVELOPMENT ECONOMIC
CORPORATION; CONCORD
DEVELOPMENT PETER
PARTNERS,
LLC, FARKAS AS PRINCIPAL AND
INDIVIDUALLY, AS PRINCIPAL
IVAN DIAS AND INDIVIDUALLY; PARK EAST
TREMONT DEVELOPMENT, LLC AND PETER MOLINARI AS PRINCIPAL AND
INDIVIDUALLY; AND PITCHBLENDE BUILDERS, LLC, PETER MOLINARI, AS
PRINCIPAL AND INDIVIDUALLY,
Defendant(s).
-------------------------------------------------------------x
SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT CORPORATION,
Index No. 22630/18E
Plaintiff(s),
- against -
JOHN E. VITALE,
Defendant(s).
-------------------------------------------------------------x
SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT CORPORATION,
Index No. 22632/18E
Plaintiff(s),
- against -
4521 PARK AVENUE REALTY CORP.,
Defendant(s).
____________________________________________-___-------------x
The following papers numbered 1 to 3, Read on this motion noticed on 12/12/23, and duly submitted as
no. 8 on the Motion Calendar of 12/12/23.
PAPERS NUMBERED
Notice of Motion - Order to Show Cause - Exhibits and Affidavits 1
Annexed
Answering Affidavit and Exhibits 4-6
Replying Affidavit and Exhibits 7
Notice of Cross-Motion - Affidavits and Exhibits 2-3
Pleadings - Exhibit
Stipulation(s) - Referee's Report - Minutes
Filed Papers-Order of Reference
Memorandum of Law
Plaintiffs' motion for the of a default judgment and defendants PETER FARKAS' and PETER
entry
MOLINARI's cross-motions are h in accordance with the Decision and Order annexed hereto.
Dated: 12/12/2023
FIDEL E. GOMEZ, JSC
1.CHECKONE O CASEDISPOSED
X NON-FINALDISPOSITIO@
2. MOTION X DENIED(MOTION)
IS
CROSS-MOTIONS X DENIED(CROSS-MOTION)
3. CHECKIF APPROPRIATE· O GRANTED
IN PART0 OTHERO SETTLEORDR G SUBMITORDER
D DONOTPOSTO FIDUCIARYAPPOINTHENT+ REFEREE
APPOINTMENT
O NEXTAPPEARANCE
DATE:
81 of
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
- ____ ____----_ _ _ _-----------------------x
VETERANS HOPE COMPLEX, LLC; 1078 PARK
AVENUE REALTY, LLC AND JOHN VITALE AS DECISION AND ORDER
PRINCIPAL AND INDIVIDUALLY; 4521 PARK
AVENUE REALTY, LLC AND CARLOS DE LOS Index No. 805716/22E
SANTOS, JOSE LOZANO AS PRINCIPALS AND
INDIVIDUALLY,
Plaintiff(s),
- against -
SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT
CORPORATION; CONCORD DEVELOPMENT PARTNERS,
LLC, PETER FARKAS AS PRINCIPAL AND
INDIVIDUALLY, IVAN DIAZ AS PRINCIPAL AND
INDIVIDUALLY; PARK EAST TREMONT
DEVELOPMENT, LLC AND PETER MOLINARI AS
PRINCIPAL AND INDIVIDUALLY; AND PITCHBLENDE
BUILDERS, LLC, PETER MOLINARI, AS PRINCIPAL
AND INDIVIDUALLY,
Defendant(s).
-----------------------------------------x
SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT
CORPORATION,
Index No. 22630/18E
Plaintiff(s),
- -
against
JOHN E. VITALE,
Defendant(s) .
-----------------------------------------x
SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT
CORPORATION,
Index No. 22632/18E
Plaintiff(s),
- against -
4521 PARK AVENUE REALTY CORP.,
Defendant(s).
-----------------------------------------x
In this action for, inter alia, breach of contract, plaintiffs
Page 1 of 17
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Preview
FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2024 Supreme Gaurt at tile State at Neur yorlt Appellate Binistan: First flubitial Bepartment Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) For Court of Original Instance Veteran Hope Complex, LLC; 1078 Park Avenue Realty, LLC and John Votale as principal and Individually; 4521 Park Avenue Realty, LLC and Carlos De Los Santos, Jose Lozano as principals and Individually, Date Notice of Appeal Filed - against - South Bronx Overal Economic Development Partners, LLC, Peter Farkas as Principal and Individually, Park East Tremont Development, LLC and Peter For Appellate Division Molinari as Principal and individually, Pitchblende Builders, LLC, Peter Molinari as Principal and Individually. Civil Action O CPLR article 78 Proceeding Appeal O Transferred Proceeding O CPLR article 75 Arbitration O Special Proceeding Other O Original Proceedings O CPLR Article 78 O CPLR Article 78 O Executive Law § 298 Habeas Corpus Proceeding O Eminent Domain O CPLR 5704 Review Labor Law 220 or 220-b Public Officers Law § 36 O Real Property Tax Law § 1278 a - a - . a a O Administrative Review O Business Relationships M Commercial E Contracts O Declaratory Judgment O Domestic Relations O Election Law O Estate Matters O Family Court O Mortgage Foreclosure O Miscellaneous ¡ Prisoner Discipline & Parole Real Property ¡ Statutory O Taxation ¡ Torts (other than foreclosure) 10 East 39th Street, 7th Floor, @HP New York, NY 10016 | Tel: 212.719.0990 | www,phpny.com 1 of 27 FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2024 Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. O Amended Decree O Determination O Order O Resettled Order O Amended Judgement O Finding O Order & Judgment O Ruling O Amended Order O Interlocutory Decree O Partial Decree O Other (specify): E Decision O Interlocutory Judgment O Resettled Decree O Decree O Judgment O Resettled Judgment Court: SuDreme Court County: Bronx Dated: 12/12/2022 Entered: 12/27/23 Judge (name in full): Hon. Fidel Gomez J.S.C. index No.: 805716/2023E Stage: O Interlocutory E Final O Post-Final Trial: O Yes E No if Yes: O Jury O Non-Jury Prior Unperfected Appeaf and Related Case Information Are any appeals arising in the same action or proceeding currently pending in the court? O Yes G No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Commenced by: O Order to Show Cause ¡ Notice of Petition O Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Court: Choose Court I County: Choose County Judge (name in full): Order of Transfer Date: Court: Choose Court County: Choose County Judge (name in full): Dated: Description: If an appeal, briefly describe the paper appealed from. if the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. Plaintiffs-Appellants appeal from the decision and order dated December 12, 2023 wherein the lower court sua sponte dismissed the underlying complaint against Defendant Peter Molinari. 10 East 39th Street, 7th Floor, @HP New York, 2NYof 10016 27 | Tel: 212.719.0990 | www.phpny.com FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2024 issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds for reversal, or modification to be advanced and the specific relief sought on appeal. Whether the lower Court erred and/or abused its discretion in the Misapprehension of material facts in dispute by articulating in its decision and order mistakenly that no affirmation or evidence in support of Plaintiffs' motion for leave to enter the default was submitted. Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal indicate the status of the party in the court of original instance and his, her, or its status in this court, if any, If this form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 Veterans Hope Complex, LLC Choose Status Choose Status 2 1078 Park Avenue Realty, LLC Plaintiff Appellant 3 John Vitale as principal and individually Plaintiff Appellant 4 4521 Park Avenue Realty, LLC Plaintiff Appellant 5 Carlos De Los Santos as principal and individually Plaintiff Appellant 6 Jose Lozano as principal and individually Plaintiff Appellant 7 South Bronx Overall Economic Development Corporation Defendant Respondent 8 Concord Development Partners, LLC Defendant Respondent 9 Peter Farkas as principal and individually Defendant Respondent 10 Ivan Dies as principal and individually Defendant Respondent 11 Park East Tremont Development, LLC Defendant Respondent 12 Peter Molinari as principal and individually Defendant Respondent 13 Pitchbennd Defendant Respondent 14 Peter Molinari as principal and individually Defendant Respondent 15 Choose Status Choose Status 16 Choose Status Choose Status 17 C1oose Status Choose Status 18 Choose Status Choose Status 19 Choose Status Choose Status 20 Choose Status Choose Status 10 East 39th Street, 7th Floor, @HP New York, NY 10016 | Tel: 212.719.0990 | www.phpny.com 3 of 27 FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2024 Instructions: Fill in the names of the attorneys or firms for the respective parties. if this form is to be filed with the notice of petition or order to shoW cause by Which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or Se" himself, the box marked "Pro must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: LaW office of Rudolph Silas, Esq. Address: 2 Carol Avenue West City: Zip: Telephone (904) 933-7601 West HaverstraW | State: NY 10993 No: E-maii Address: rnsesq1@gmail.com Attorney Type: E Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above) 7 Attorney/Firm Name: ANDREW D. STERN, ESO. TANE WATERMAN & Wurtzel, P.C. Address: 120 BROADWAY, SUITE 948 City: NEW YORK State: NEW YORK Zip: 10271-0040 Telephone No: (212) 766-4000 E-mail Address: Astern@tww.nyc Attorney Type: E Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 8 Attorney/Firm Name: Peter Farkas, Esq. Address: City: State: Zip: No: | Telephone E-mail Address: Attorney Type: O Retained O Assigned O Government E Pro Se ¡ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above) Attorney/Firm Name: COLLEEN NICHAIRMHAIC, ESQ. WISS & PARTNERS LLP Address: 1178 BROADWAY, 3rd Floor 1245 City: NEW YORK State: NEW YORK Zip: 1001 Telephone No: (017) 439-0836 E-mail Address: Attorney Type: E Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represer ted (se orth parey n 1ber(s) from table above) Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: O Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: O Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 10 East 39th Street, 7th Floor, @HP of10016 New York,4 NY 27 I Tel: 212.719.0990 | www.phpny.com FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2024 STATEMENT PURSUANT TO CPLR 5531 NEW YORK SUPREME COURT APPELLATE DIVISION - FIRST DEPARTMENT Veterans Hope Complex, LLC; 1078 Park Avenue Realty, LLC and John Vitale as principal and Index No.: 805716/2022E Individually; 4521 Park Avenue Realty, LLC and Carlos De Los Santos, Jose Lozano as principals and Individually, Appellant, -against- South Bronx Overall Economic Development Corporation, Concord Development Partners, LLC, Peter Farkas as Principal and individually, Ivan Diaz Principal and individually, Park East Tremont Development, LLC and Peter Molinari as principal and individually, Pitchblende Builders, LLC, Peter Molinari as Principal and Individually, Respondent. 1. The index number of the case in the Court below is 805716/2022E 2. The full names of the original parties are set forth above. There has been no change in the caption. 3. The action was commenced in the Supreme Court, Bronx County. 4. This action was commenced on or about April 1. 2022 by the filing electronically a summons and Verified Complaint, issue was not joined by service of a Verified Answer by the Defendant . 5. The nature and object of the action: Breach of Contract and violation of the deceptive practices Act . 6. The appeal is from the Memorandum Decision and Order dated December 12, 2023. 7. This appeal is being perfected with the use of a fully reproduced Record on Appeal; or this Appeal is being perfected on the Appendix method. 5 of 27 FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E NYSCEF DOC. NO. NYSCE F DOC. NO. 224 216 RECEIVED RECEIVED NYSCEF: NY SCEF: 01/25/2024 12/27/202 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX VETERAN'S HOPE COMPLEX LLC; 1078 PARK AVENUE REALTY, LLC and JOHN VITALE as principal and individually; 4521 PARK AVENUE REALTY, LLC and CARLOS DE LOS SANTOS, JOSE LOZANO as principals and individually, Plaintiffs, 805716/2022E against SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT CORPORATION; CONCORD DEVELOPMENT PARTNERS, LLC, PETER FARKAS as principal and individually, IVAN DIAZ as principal and individually; PARK EAST TREMONT DEVELOPMENT, LLC and PETER MOLINARI as principal and individually; and PITCHBLENDE BUILDERS, LLC, PETER MOLINARI, as principal and individually, Defendants ..--..___---.------..,_ __ --..-.....---------_ __--........----..-- ___ --Ç NOTICE OF ENTRY C O U N S E L O R S: PLEASE TAKE NOTICE that the within a true copy of a Decision and Order of this Court (Gomez, J.), dated December 12, 2023 which was duly entered in the Office of the Clerk of the County of Bronx on December 20, 2023. Dated: New York, New York December 26, 2023 By: Wiss & Partners LLP Attn. Colleen Ni Chairmhaic, Esq. 61 of of 27 97 FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E NYSCEF DOC. NYSCEF DOC. NO. NO. 224 216 RECEIVED NYSCEF: 01/25/2024 RECEIVED NYSCEF: 12/27 /202 (Colleen Kerwick) Attorney for Defendant Park East Tremont Devt. 1178 Third Floor Broadway, New York NY 10001. 7 of 27 FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E NYSCEF NYSCEF DOC. DOC. NO. NO. 224 215 NEW YORK SUPREMB COURT - COUNTY OF BRONX RECEIVED RECEIVED NYSCEF: NYSCEF: 01/25/2024 12/20/202 PART 32 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX _____________________________________-_________-____-----------x VETERANS HOPE COMPLEX, LLC; 1078 PARK AVENUE REALTY, LLC AND JOHN VITALE AS PRINCIPAL AND INDIVIDUALLY; 4521 PARK AVENUE Index No. 805716/22E REALTY, LLC AND CARLOS DE LOS SANTOS, JOSE LOEANO AS PRINCIPALS AND INDIVIDUALLY, Hon. FIDEL E. GOMEZ Plaintiff(s), Justice - against - SOUTH BRONX OVERALL DEVELOPMENT ECONOMIC CORPORATION; CONCORD DEVELOPMENT PETER PARTNERS, LLC, FARKAS AS PRINCIPAL AND INDIVIDUALLY, AS PRINCIPAL IVAN DIAS AND INDIVIDUALLY; PARK EAST TREMONT DEVELOPMENT, LLC AND PETER MOLINARI AS PRINCIPAL AND INDIVIDUALLY; AND PITCHBLENDE BUILDERS, LLC, PETER MOLINARI, AS PRINCIPAL AND INDIVIDUALLY, Defendant(s). -------------------------------------------------------------x SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT CORPORATION, Index No. 22630/18E Plaintiff(s), - against - JOHN E. VITALE, Defendant(s). -------------------------------------------------------------x SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT CORPORATION, Index No. 22632/18E Plaintiff(s), - against - 4521 PARK AVENUE REALTY CORP., Defendant(s). ____________________________________________-___-------------x The following papers numbered 1 to 3, Read on this motion noticed on 12/12/23, and duly submitted as no. 8 on the Motion Calendar of 12/12/23. PAPERS NUMBERED Notice of Motion - Order to Show Cause - Exhibits and Affidavits 1 Annexed Answering Affidavit and Exhibits 4-6 Replying Affidavit and Exhibits 7 Notice of Cross-Motion - Affidavits and Exhibits 2-3 Pleadings - Exhibit Stipulation(s) - Referee's Report - Minutes Filed Papers-Order of Reference Memorandum of Law Plaintiffs' motion for the of a default judgment and defendants PETER FARKAS' and PETER entry MOLINARI's cross-motions are h in accordance with the Decision and Order annexed hereto. Dated: 12/12/2023 FIDEL E. GOMEZ, JSC 1.CHECKONE O CASEDISPOSED X NON-FINALDISPOSITIO@ 2. MOTION X DENIED(MOTION) IS CROSS-MOTIONS X DENIED(CROSS-MOTION) 3. CHECKIF APPROPRIATE· O GRANTED IN PART0 OTHERO SETTLEORDR G SUBMITORDER D DONOTPOSTO FIDUCIARYAPPOINTHENT+ REFEREE APPOINTMENT O NEXTAPPEARANCE DATE: 81 of nf 27 1A FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E NYSCEF NYSCEF DOC. DOC . NO. NO. 224 215 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/25/2024 12/20/202 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX - ____ ____----_ _ _ _-----------------------x VETERANS HOPE COMPLEX, LLC; 1078 PARK AVENUE REALTY, LLC AND JOHN VITALE AS DECISION AND ORDER PRINCIPAL AND INDIVIDUALLY; 4521 PARK AVENUE REALTY, LLC AND CARLOS DE LOS Index No. 805716/22E SANTOS, JOSE LOZANO AS PRINCIPALS AND INDIVIDUALLY, Plaintiff(s), - against - SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT CORPORATION; CONCORD DEVELOPMENT PARTNERS, LLC, PETER FARKAS AS PRINCIPAL AND INDIVIDUALLY, IVAN DIAZ AS PRINCIPAL AND INDIVIDUALLY; PARK EAST TREMONT DEVELOPMENT, LLC AND PETER MOLINARI AS PRINCIPAL AND INDIVIDUALLY; AND PITCHBLENDE BUILDERS, LLC, PETER MOLINARI, AS PRINCIPAL AND INDIVIDUALLY, Defendant(s). -----------------------------------------x SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT CORPORATION, Index No. 22630/18E Plaintiff(s), - - against JOHN E. VITALE, Defendant(s) . -----------------------------------------x SOUTH BRONX OVERALL ECONOMIC DEVELOPMENT CORPORATION, Index No. 22632/18E Plaintiff(s), - against - 4521 PARK AVENUE REALTY CORP., Defendant(s). -----------------------------------------x In this action for, inter alia, breach of contract, plaintiffs Page 1 of 17 9 of 27 FILED: BRONX COUNTY CLERK 01/25/2024 12:48 PM INDEX NO. 805716/2022E NYSCEF NYSCEF DOC. DOC. NO. NO. 224 215 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/25/2024