On August 09, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Downstate At Lich Holding Company, Inc.,
and
Fortis Property Group, Llc,
for Commercial Division
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 05/10/2024 07:24 PM INDEX NO. 907530-23
NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 05/10/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
-------------------------------------------------------- x
DOWNSTATE AT LICH HOLDING :
COMPANY, INC.,
: Index No. 907530/23
Plaintiff,
: IAS Commercial Division Part
vs. Hon. Richard M. Platkin
:
FORTIS PROPERTY GROUP, LLC, : Mot. Seq. No. 006
Defendant.
-------------------------------------------------------- x
FORTIS PROPERTY GROUP, LLC, and :
FPG COBBLE HILL ACQUISITIONS, LLC,
:
Counterclaim Plaintiff,
:
vs.
:
DOWNSTATE AT LICH HOLDING :
COMPANY, INC.,
:
Counterclaim Defendant,
and :
NYU HOSPITALS CENTER, :
Counterclaim Defendant. :
--------------------------------------------------------- x
NOTICE OF MOTION OF
PLAINTIFF AND COUNTERCLAIM DEFENDANT
DOWNSTATE AT LICH HOLDING COMPANY, INC.
FOR LEAVE TO REARGUE
1 of 3
FILED: ALBANY COUNTY CLERK 05/10/2024 07:24 PM INDEX NO. 907530-23
NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 05/10/2024
PLEASE TAKE NOTICE that, upon the accompanying memorandum of law and the
annexed affirmation of Adam Farbiarz dated May 10, 2024, and the papers referenced therein,
which were previously electronically filed with the Court, plaintiff and counterclaim defendant
Downstate at LICH Holding Company, Inc. (“Seller”) will move this Court at the Albany County
Courthouse, 16 Eagle Street, Albany, New York 12207, in Room 256, on the 29th day of May
2024, at 9:30 a.m., or as soon thereafter as it may be heard, for an order, pursuant to CPLR 2221:
(a) granting Seller leave to reargue (i) its motion to dismiss the counterclaims of defendant and
counterclaim plaintiff Fortis Property Group, LLC (“Fortis”) and counterclaim plaintiff FPG
Cobble Hill Acquisitions, LLC (“Purchaser”) (Mot. Seq. No. 001), and (ii) its motion for
summary judgment on its claim against Fortis (Mot. Seq. No. 002); (b) upon reargument, (i)
dismissing Fortis and Purchaser’s counterclaim I, (ii) dismissing Fortis’s counterclaim III to the
extent based on alleged fraud, and (iii) granting Seller partial summary judgment on its claim as
to the issue that Purchaser defaulted under the parties’ purchase and sale agreement; and (c)
granting such other and further relief as this Court deems just and proper.
2 of 3
FILED: ALBANY COUNTY CLERK 05/10/2024 07:24 PM INDEX NO. 907530-23
NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 05/10/2024
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), Seller demands
that answering papers, if any, be served at least seven days prior to the return date of this motion.
Dated: May 10, 2024
PROSKAUER ROSE LLP
Peter J.W. Sherwin
Peter J.W. Sherwin
Lee Popkin
Adam Farbiarz
Eleven Times Square
New York, New York 10036
212.969.3000
psherwin@proskauer.com
lpopkin@proskauer.com
afarbiarz@prosakuer.com
Attorneys for plaintiff and
counterclaim defendant Downstate
at LICH Holding Company, Inc.
To: All counsel of record by NYSCEF
2
3 of 3
Document Filed Date
May 10, 2024
Case Filing Date
August 09, 2023
Category
Commercial Division
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Preview
FILED: ALBANY COUNTY CLERK 05/10/2024 07:24 PM INDEX NO. 907530-23 NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 05/10/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY -------------------------------------------------------- x DOWNSTATE AT LICH HOLDING : COMPANY, INC., : Index No. 907530/23 Plaintiff, : IAS Commercial Division Part vs. Hon. Richard M. Platkin : FORTIS PROPERTY GROUP, LLC, : Mot. Seq. No. 006 Defendant. -------------------------------------------------------- x FORTIS PROPERTY GROUP, LLC, and : FPG COBBLE HILL ACQUISITIONS, LLC, : Counterclaim Plaintiff, : vs. : DOWNSTATE AT LICH HOLDING : COMPANY, INC., : Counterclaim Defendant, and : NYU HOSPITALS CENTER, : Counterclaim Defendant. : --------------------------------------------------------- x NOTICE OF MOTION OF PLAINTIFF AND COUNTERCLAIM DEFENDANT DOWNSTATE AT LICH HOLDING COMPANY, INC. FOR LEAVE TO REARGUE 1 of 3 FILED: ALBANY COUNTY CLERK 05/10/2024 07:24 PM INDEX NO. 907530-23 NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 05/10/2024 PLEASE TAKE NOTICE that, upon the accompanying memorandum of law and the annexed affirmation of Adam Farbiarz dated May 10, 2024, and the papers referenced therein, which were previously electronically filed with the Court, plaintiff and counterclaim defendant Downstate at LICH Holding Company, Inc. (“Seller”) will move this Court at the Albany County Courthouse, 16 Eagle Street, Albany, New York 12207, in Room 256, on the 29th day of May 2024, at 9:30 a.m., or as soon thereafter as it may be heard, for an order, pursuant to CPLR 2221: (a) granting Seller leave to reargue (i) its motion to dismiss the counterclaims of defendant and counterclaim plaintiff Fortis Property Group, LLC (“Fortis”) and counterclaim plaintiff FPG Cobble Hill Acquisitions, LLC (“Purchaser”) (Mot. Seq. No. 001), and (ii) its motion for summary judgment on its claim against Fortis (Mot. Seq. No. 002); (b) upon reargument, (i) dismissing Fortis and Purchaser’s counterclaim I, (ii) dismissing Fortis’s counterclaim III to the extent based on alleged fraud, and (iii) granting Seller partial summary judgment on its claim as to the issue that Purchaser defaulted under the parties’ purchase and sale agreement; and (c) granting such other and further relief as this Court deems just and proper. 2 of 3 FILED: ALBANY COUNTY CLERK 05/10/2024 07:24 PM INDEX NO. 907530-23 NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 05/10/2024 PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), Seller demands that answering papers, if any, be served at least seven days prior to the return date of this motion. Dated: May 10, 2024 PROSKAUER ROSE LLP Peter J.W. Sherwin Peter J.W. Sherwin Lee Popkin Adam Farbiarz Eleven Times Square New York, New York 10036 212.969.3000 psherwin@proskauer.com lpopkin@proskauer.com afarbiarz@prosakuer.com Attorneys for plaintiff and counterclaim defendant Downstate at LICH Holding Company, Inc. To: All counsel of record by NYSCEF 2 3 of 3