FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 156082/2024
`
`RECEIVED NYSCEF: 11/04/2024
`
`Motion Seq. #001
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`
`Index No.: 156082/2024
`
`
`
`
`
`NOTICE OF MOTION
`FOR A DEFAULT
`JUDGMENT
`
`
`
`
`
`
`
`REGENT 33rd REALTY CORP.,
`
`
`
`
`FIVE TIER INC.,
`
`
`
`
`FRANK O'BRIEN,
`
`
`
`
`
`
`
`
`
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`Plaintiff-Landlord,
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`Defendant-Tenant,
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`Defendant-Guarantor.
`
`
`
`-against-
`
`
`-and-
`
`
`
`
`
`
`
`PLEASE TAKE NOTICE, that upon the Affidavit of Jack Elo dated November 1, 2024,
`
`affirmed under penalty of perjury pursuant to CPLR §2106, the exhibits annexed thereto, and upon all
`
`the pleadings and proceedings heretofore had herein, the undersigned will move this Court, at the
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`Motion Submissions Part, Room 130, of the Supreme Courthouse located at 60 Centre Street, New
`
`York, New York, on December 11, 2024 at 10:00 a.m., of that day or as soon thereafter as counsel
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`can be heard for an Order and Judgment:
`
`
`(a) Pursuant to CPLR §3215 granting Plaintiff judgment on the First Cause of Action
`against Defendant Five Tier Inc., in the sum of $136,601.04, plus interest;
`
`
`(b) Pursuant to CPLR §3215 granting Plaintiff judgment on the Second Cause of Action
`against Defendant Frank O’Brien, in the sum of $123,527.76, plus interest;
`
`
`(c) Granting Plaintiff judgment as to liability against both Defendants, jointly and severally,
`on the Third Cause of Action for attorneys' fees and costs incurred in this action and
`directing the submission of an attorneys' fees affirmation to affix damages thereon or
`setting the matter down for a hearing to affix damages thereon; and
`
`
`(d) Granting Plaintiff such other and further relief as this Court deems just, proper, and
`equitable.
`
`
`
`1 of 85
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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 156082/2024
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`RECEIVED NYSCEF: 11/04/2024
`
`Motion Seq. #001
`
`
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`PLEASE TAKE FURTHER NOTICE that pursuant to CPLR §2214(b), answering papers, if
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`any, are required to be served herein at least seven (7) days before the return date of this motion.
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`
`
`Dated: New York, New York
`
`November 1, 2024
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`PITTER LAW, PLLC
`Attorneys for Plaintiff
`
`By:
`
`
`
`
`
`
`Eric N. Pitter
`Eric N. Pitter, Esq., Of Counsel
`14 Wall Street, Suite 4B
`New York, New York 10005
`212-233-0001
`eric.pitter@gmail.com
`
`2 of 85
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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 156082/2024
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`RECEIVED NYSCEF: 11/04/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`
`Index No.: 156082/2024
`
`
`
`AFFIDAVIT IN SUPPORT OF
`MOTION FOR A DEFAULT
`JUDGMENT
`
`
`
`REGENT 33rd REALTY CORP.,
`
`
`
`
`FIVE TIER INC.,
`
`
`
`
`FRANK O'BRIEN,
`
`
`
`
`
`
`
`
`
`
`Plaintiff-Landlord,
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`Defendant-Tenant,
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`Defendant-Guarantor.
`
`
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`-against-
`
`
`-and-
`
`
`
`
`
`
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`Jack Elo affirms pursuant to CPLR §2106 the following:
`
`1.
`
`2.
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`I am the President and an officer of Regent 33rd Realty Corp. (“Plaintiff”).
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`As part of my duties and responsibilities, I oversee the management of the building
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`located at 39 West 38th Street, New York, New York (the “Building”). I review the Building's
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`tenancies and the books and records maintained by Plaintiff in connection with those tenancies, I
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`oversee the entry of charges on account ledgers and the billing of those charges to tenants,
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`including the tenant of portion of the ground floor and basement (“Premises”) located in the
`
`Building. As such, I have personal knowledge of the facts set forth herein.
`
`3.
`
`This affidavit is respectfully submitted in support of Plaintiff's motion for an entry
`
`of an order and judgment:
`
`(a) Pursuant to CPLR §3215 granting Plaintiff judgment on the First Cause of Action
`against Defendant Five Tier Inc., in the sum of $136,601.04, plus interest;
`
`
`(b) Pursuant to CPLR §3215 granting Plaintiff judgment on the Second Cause of Action
`against Defendant Frank O’Brien, in the sum of $123,527.76, plus interest;
`
`
`(c) Granting Plaintiff judgment as to liability against both Defendants, jointly and
`severally, on the Third Cause of Action for attorneys' fees and costs incurred in this
`
`3 of 85
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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 156082/2024
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`RECEIVED NYSCEF: 11/04/2024
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`action and directing the submission of an attorneys' fees affirmation to affix damages
`thereon or setting the matter down for a hearing to affix damages thereon; and
`
`
`(d) Granting Plaintiff such other and further relief as this Court deems just, proper, and
`equitable.
`
`
`
`
`Relevant Facts:
`
`4.
`
`Plaintiff is the owner of the Building. A true copy of the deed dated January 16,
`
`2014, is annexed hereto as Exhibit A.
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`5.
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`14 Wall St. Corp. (“Tenant”), was the commercial tenant of record of the Premises,
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`pursuant to a five-year written commercial lease, dated April 9, 2019 (“Lease”), with a term of
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`May 1, 2019 to April 30, 2024. A true copy of the Lease is annexed hereto as Exhibit B.
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`6.
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`In connection with the Lease, Defendant Frank O’Brien (“Guarantor”) duly
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`executed a written, personal guaranty on April 9, 2019 (“Guaranty”) which is annexed to the Lease
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`as “Schedule B”, whereby Guarantor absolutely and unconditionally guaranteed the full and
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`prompt payment of the rent and additional rent due under the Lease. See Exhibit B, pdf page 26
`
`of 31.
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`Unpaid Base Rent and Additional Rent Due From Tenant:
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`7.
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`Annexed hereto as Exhibit C, is Tenant's account ledger and reflects unpaid
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`charges due pursuant to the Lease and Tenant's occupancy.
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`8.
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`The Lease provides that base rent is due on a monthly basis in accordance with he
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`schedule set forth in the Rider (Exhibit B, pdf page 25 of 31), as follows:
`
`
`
`MAY 1 , 2019
`MAY 1, 2020
`MAY 1, 2021
`MAY 1, 2022
`MAY 1, 2023
`
`
`APRIL 30, 2020
`APRIL 30, 2021
`APRIL 30, 2022
`APRIL 30, 2023
`APRIL 30, 2024
`
`$8200.00
`$8405.00
`$8615.00
`$8830.00
`$9050.00
`
`$ 98,400.00
`$100,860.00
`$103,380.00
`$106,320.00
`$108,600.00
`
`4 of 85
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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 156082/2024
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`RECEIVED NYSCEF: 11/04/2024
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`9.
`
`Tenant is liable for additional rent charges of electricity on a sub metered basis,
`
`pursuant to Lease Article §58; rubbish removal at a flat rate of $30.00 per month pursuant to
`
`Lease Article §85; water at a flat rate of $30.00 per month pursuant to Lease Article §29; and
`
`sprinklers at a flat rate of $30.00 per month pursuant to Lease Article §30.
`
`10.
`
`Thus, Tenant is liable for $136,601.04, see Exhibit C.
`
`Defendant's Liability As Absolute And Unconditional Guarantor.
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`11.
`
`Contemporaneously with the execution of the Lease Guarantor signed the
`
`Guaranty. The Guaranty provides that Guarantor is the “absolute and unconditional” guarantor of
`
`payment including costs of enforcement, however it is limited only to base rent and additional rent
`
`for real estate taxes. Thus, Guarantor’s liability is diminished by $13,073.28, representing
`
`additional rent on the ledger for rubbish, water, electric and sprinklers, for a total liability of
`
`$123,527.76.
`
`This Action.
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`12.
`
`Plaintiff commenced this action by Summons and Complaint dated October 25,
`
`2023. I respectfully refer the Court to NYSCEF Doc. #1. A true copy of the Summons and
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`Complaint is also annexed hereto as Exhibit D.
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`13.
`
`Tenant was duly served with the Summons and Complaint and Notice of e-filing as
`
`set forth in the affidavit of service made part of the docket at NYSCEF Doc. #3, which was filed
`
`with the Court on September 13, 2024. It shows that on August 28, 2024, process was given to
`
`Tenant’s authorized agent, the Secretary of State, pursuant to Business Corporation Law §306. I
`
`am advised by counsel that pursuant to BCL §306, service was complete on that day, and that
`
`pursuant to CPLR §320(a), because process was given to an official of the state authorized to
`
`receive process, Tenant therefore had thirty days from August 28, 2024 to file an answer. Thus,
`
`5 of 85
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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 156082/2024
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`RECEIVED NYSCEF: 11/04/2024
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`Tenant’s deadline to file an answer in this action expired September 27, 2024. See Exhibit E.
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`14.
`
`I am advised by counsel that service of process was effected on Guarantor pursuant
`
`to CPLR §308(2), and therefore service was complete ten days after the affidavit of service was
`
`filed with the Court, and that Guarantor had forty days thereafter to file an answer. Thus,
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`Guarantor’s time to answer expired forty days from September 13, 2024, and therefore Guarantor’s
`
`deadline to answer was October 23, 2024.
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`15.
`
`Guarantor was duly served with the Summons and Complaint and Notice of e-
`
`filing, as set forth in the affidavit of service part of the docket as NYSCEF Doc. #2, which was
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`filed with the Court on September 13, 2024. A true copy of the Affidavit of Service is also annexed
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`hereto as Exhibit F.1
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`16.
`
`Pursuant to CPLR §3215(g), Guarantor was duly given a Notice of Supplemental
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`Mailing of Summons and Complaint. A true copy is annexed hereto with proof of service, as
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`Exhibit G.
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`17.
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`Guarantor is not in the military service as shown in the Affirmation of military
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`investigation annexed hereto as Exhibit H.
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`18.
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`Based on the foregoing, Plaintiff is entitled to a default judgment against Tenant in
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`the sum of $136,601.04, and judgment against Guarantor in the sum of $123,527.76.
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`19.
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`In addition to the basic payment obligations under the Lease, both Tenant and
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`Guarantor are liable to pay reasonable legal fees.
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`20.
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`The Lease states in relevant part:
`
`“If Owner, in connection with [a default] or in connection with any default
`by Tenant in the covenant to pay rent hereunder, makes any expenditures
`or incurs any obligations for the payment of money, including but not
`limited to attorney's fees, in instituting, prosecuting or defending any action
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`1 I am advised by the process server that upon attempting service at 66 West 38th Street, Apt. 33F,
`he was informed that Mr. O’Brien no longer resided there.
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`6 of 85
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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 156082/2024
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`RECEIVED NYSCEF: 11/04/2024
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`reimburse Owner for such sums so paid or
`then Tenant will
`or proceedings,
`incurred with interest and costs."
`obligations
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`21.
`
`The Guaranty states in relevant
`
`part:
`
`"This
`include
`
`22.
`
`and unconditional
`of payment and shall
`is an absolute
`guaranty
`fees."
`the costs of enforcement of this guaranty,
`attorney's
`including
`As such, both Tenant and Guarantor
`
`are liable
`
`for
`
`reasonable attorneys'
`
`fees.
`
`Plaintiff
`
`has incurred
`
`attorneys'
`
`fees and expenses in this action
`
`as a result of Tenant's non-payment
`
`and non-performance
`
`of the Lease, and Plaintiff
`
`s enforcement of the Guaranty.
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`23.
`
`Therefore,
`
`in addition
`
`to judgment
`
`in the sum of the Arrears,
`
`Plaintiff
`
`respectfully
`
`requests
`
`judgment against Tenant and Guarantor,
`
`jointly
`
`and severally
`
`as to liability
`
`for attorneys'
`
`fees, and that
`
`the Court direct
`
`the submission of an affirmation
`
`with invoices,
`
`or alternatively
`
`set
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`the matter down for a hearing to affix damages thereon.
`
`WHEREFORE,I pray for
`
`the relief
`
`requested.
`
`under the laws of New
`I affirm this f__ day of November, 2024, under the penalties
`of perjury
`York, which may include
`the foregoing is true, and I understand that
`a fine or
`that
`imprisonment,
`this document may be filed
`in an action
`in a court of law.
`or proceeding
`
`Jatl
`
`Elo
`
`7 of 85
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`

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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 156082/2024
`
`RECEIVED NYSCEF: 11/04/2024
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`CERTIFICATION Pursuant
`
`to Rule §202.8-b(a).
`
`before the Courts of the State of New
`I, Eric N. Pitter,
`Esq., an attorney
`duly licensed
`to practice
`the AFFIDAVIT annexed hereto
`the word count
`complies with the word
`that
`York,
`for
`certify
`of Rule §202.8-b of the Rules of the Supreme Court.
`count
`limit
`
`Eric N. Pitter,
`
`Esq.
`
`8 of 85
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`

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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`NYSCEF DOC. NO.
`4
`
`INDEX NO. 156082/2024
`INDEX NO. 156082/2024
`RECEIVED NYSCEF: 11/04/2024
`RECEIVED NYSCEF: 11/04/2024
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`EXHIBIT A
`EXHIBIT A
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`9 of 85
`9 of 85
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`INDEX NO. 156082/2024
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`RECEIVED NYSCEF: 11/04/2024
`
`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`NYCDEPARTMENTOFFINANCE
`OFFICE OFTHECITY REGISTER
`The City
`This page is part of the instrument.
`rely on the information provided
`Register will
`by you on this page for purposes of indexing
`instrument.The information on this page
`this
`indexing purposes in the event
`will
`control
`for
`2014013000300001001E1267
`of any conflict with the rest of the document.
`RECORDINGANDENDORSEMENTCOVERPAGE
`Document Date: 01-16-2014
`Document ID:
`2014013000300001
`Document Type: DEED
`Document Page Count: 3
`PRESENTER:
`TOBE PICKEDUPBYCOMMONWEALTH
`COMMONWEALTHLANDTITLE INSURANCECO.
`140 EAST45THSTREET, 22NDFLOOR
`NEWYORK,NY 10017
`212-949-0100
`ROSEMARIE.TREPPIEDI@FNF.COM/NYl30902/FS
`
`PAGE1 OF5
`Preparation Date: 01-30-2014
`
`RETURNTO:
`ZANEANDRUDOFSKY
`601 WEST26THSTREET, SUITE 1315
`ATTN: ERIC S. HOROWITZ,ESQ
`NEWYORK,NY 10001
`
`PROPER'1YDATA
`Borough
`Address
`Unit
`Block
`Lot
`MANHATTAN 840
`39 WEST38THSTREET
`Entire Lot
`19
`Property Type: COMMERCIALREALESTATE
`
`CRFN
`
`or DocumentID
`
`CROSSREFERENCEDATA
`Reel_ Page_ or
`Year
`or
`PARTIES
`GRANTOR/SELLER:
`GRANTEE/BUYER:
`BSDHASLACHA,LLC, SUCCESSORBYMERGER
`REGENT33RDREALTYGROUP
`C/O ERETZGROUP,485 SEVENTHAVENUE
`C/O ELOORGANIZATION,42 WEST48THSTREET
`NEWYORK,NY 10018
`SUITE 206
`NEWYORK,NY 10036
`
`File Number
`
`El Additional
`
`Parties
`
`Listed on Continuation
`
`Mortgage :
`Mortgage Amount:
`Taxable Mortgage Amount:
`Exemption:
`TAXES: County (Basic):
`City (Additional):
`Spec (Additional):
`TASF:
`MTA:
`NYCTA:
`Additional MRT:
`TOTAL:
`
`Recording Fee:
`Affidavit
`Fee:
`
`$
`$
`
`$
`$
`$
`$
`$
`$
`$
`$
`$
`$
`
`0.00
`0.00
`
`0.00
`0.00
`0.00
`0.00
`0.00
`0.00
`0.00
`0.00
`52.00
`0.00
`
`.
`
`.
`
`Page
`FEESAFDTAXES
`Filing Fee:
`NYCReal Property Transfer Tax:
`$
`NYSReal Estate Transfer Tax:
`118,508.00
`$
`RECORDEDORFILED IN THEOFFICE
`CITY OFNEWYORK
`02-28-2014 12:33
`Recorded/Filed
`City Register File No.(CRFN):
`2014000072091
`
`$
`
`250.00
`
`777,708.75
`
`n %OF THECITY REGISTEROFTHE
`
`City Register Official
`
`Signature
`
`10 of 85
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`

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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`NYCDEPARTMENTOFFINANCE
`OFFICE OFTHECITY REGISTER
`
`INDEX NO. 156082/2024
`
`RECEIVED NYSCEF: 11/04/2024
`
`2014013000300001001C10E7
`PAGE2 OF5
`RECORDINGANDENDORSEMENTCOVERPAGE(CONTINUATION)
`Document
`Document Date: 01-16-2014
`Preparation Date: 01-30-2014
`ID: 2014013000300001
`Document Type: DEED
`
`PARTIES
`GRANTOR/SELLER:
`HASLACHA26, LLC
`C/O ERETZGROUP,485 SEVENTHAVENUE
`NEWYORK,NY 10018
`
`11 of 85
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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 156082/2024
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`RECEIVED NYSCEF: 11/04/2024
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`16, 2014
`
`liability
`
`CONSULTYOURLAWYERBEFORESIGNING THIS INSTRUMENT-THISINSTRUMENTSHOULDBEUSEDBYLAwYERS
`THIS INDENTURE, madeon January
`BETWEEN
`BSDHASLACHALLC, a Delaware limited
`company, as successor by merger with
`liability
`Haslacha 26 LLC, a NewYork limited
`company, ("Seller")
`having an address at c/o Eretz
`Group, 485 Seventh Avenue, NewYork, NewYork 10018, party of the first
`part, and
`REGENT33ª° REALTYCORP,a NewYork Corporation
`having an address at c/o Elo
`("Buyer"),
`42 West 48*
`Street, Suite 206, NewYork, NewYork 10036, party of the second part,
`Organization,
`WITNESSETH, that
`of Ten Dollars and other valuable
`the party of the first
`in consideration
`part,
`paid by the party of the second part, does hereby grant and release unto the party of the
`consideration
`second part,
`the heirs or successors and assigns of the party of the second part
`forever,
`ALL that certain plot, piece or parcel of land, with the buildings
`and improvements thereon erected,
`lying and being in the County of NewYork, State of NewYork, known as 39 West 38*
`situate,
`Street,
`NewYork, NewYork 10018 Block: 840 Lot:
`described on the attached Schedule A.
`19, and fully
`TOGETHERwith all
`and interest,
`if any, of the party of the first
`title
`rights,
`the above described premises to the center
`roads abutting
`lines
`thereof;
`TOGETHERwith the appurtenances
`and all
`the estate and rights of the party of the first
`in and to
`said premises; TOHAVEANDTOHOLDthe premises herein granted unto the party of the second part,
`the heirs or successors and assigns of the party of the second part
`ANDthe party of the first
`in compliance with Section 13 of the Lien Law, covenants
`the party
`that
`part,
`of the first
`this conveyance and will
`part will
`receive the consideration
`for
`to receive such
`hold the right
`as a trust
`fund to be applied first
`for the purpose of paying the cost of the improvement and
`consideration
`will apply the samefirst
`to the payment of the cost of the improvement before using any part of the total
`of the samefor any other purpose. The word "party"
`it read "parties"
`shall be construed as if
`whenever
`the sense of this
`indenture
`so requires.
`IN WITNESSWHEREOF,the party of the first
`above written.
`
`part
`
`in and to any streets and
`
`part
`
`forever.
`
`part had duly executed this deed the day and year
`
`first
`
`In the presence of:
`
`Witness
`
`BSDHaslacha LLC
`a Delaware limited li
`
`company
`
`By:
`
`AbrahamTalassazan, Manager
`
`12 of 85
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`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 156082/2024
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`RECEIVED NYSCEF: 11/04/2024
`
`SCHEDULEA - ITEM 4
`
`Policy No. 81306-6273
`Title No. NY130902
`
`lying and being in the Borough of Manhattan,
`
`City, County and
`
`ALL that certain plot, piece or parcel of land, situate,
`State of NewYork, bounded and described as follows:
`BEGINNINGat a point on the northerly
`side of West 38th Street,
`331 feet easterly from the corner
`formed by
`distant
`of the easterly side of Avenue of the Americas (Sixth Avenue) with the said northerly
`side of West
`the intersection
`38th Street, which point or place of beginning
`is in the centre of a party wall standing partly upon the lot of land
`hereby conveyed and partly upon the lot of land adjoining
`on the westerly
`side thereof;
`RUNNINGTHENCEnortherly
`with the easterly side of Avenue of the Americas (Sixth Avenue) and partly
`parallel
`through the centre of said party wall, 98 feet 9 inches;
`THENCEeasterly parallel
`THENCEsoutherly
`with Avenue of the Americas (Sixth Avenue) and part of the way through another
`again parallel
`side of West 38th Street;
`party wall, 98 feet 9 inches to the northerly
`THENCEwesterly
`side of West 38th Street, 42 feet
`
`with the northerly
`
`side of West 38th Street, 42 feet;
`
`along the said northerly
`
`to the point or place of BEGINNING.
`
`ALTAOwner's Policy (6-17-06)
`Schedule A
`
`Page2
`
`Date Printed:
`
`January 16, 2014
`
`13 of 85
`
`

`

`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 156082/2024
`
`RECEIVED NYSCEF: 11/04/2024
`
`Bargain and Sale Deed
`Without Covenant Against Grantor's Acts
`Title No.CORE20303
`-=----===-----============---==========
`BSDHASLACHALLC
`
`to
`REGENT33RDREALTYCORP
`_______________________________________
`
`)
`)ss:
`)
`
`STATEOFNEWYORK
`COUNTYOFNEWYORK
`On January 16, 2014, before me, the undersigned, a
`Notary Public in and for said State, personally appeared
`known t\o meor proved to
`Abraham Talassazan, personally
`meon the basis of satisfactory
`evidence to be the individual
`(s) whose name(s) is (are) subscribed to the withm
`instrument and acknowledged to methat he/she/they
`executed the samein his/her/their
`and that by
`capacity(ies),
`on the instrument,
`his/her/their
`the
`signature(s)
`or the person upon behalf of which the
`individual(s),
`acted, executed the mstrument.
`individual(s)
`
`No
`
`.
`
`tate of NewYork
`Notary Pubile,
`No. 0 U4787765
`in Queens Co.
`Qualified
`Comm.Exp. Feb. 28, 2014
`
`840
`Block:
`Lot:
`19
`County of: NewYork
`
`Property
`Address: 39 West 38th
`Street,
`NewYork, NewYork 10018
`
`RETURNBYMAIL TO:
`Eric S. Horowitz, Esq
`Zane and Rudofsky
`601 West26*
`Street, Suite 1315
`NewYork, NewYork 10001
`
`14 of 85
`
`

`

`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`NYCDEPARTMENTOFFINANCE
`OFFICE OFTHECITY REGISTER
`
`INDEX NO. 156082/2024
`
`RECEIVED NYSCEF: 11/04/2024
`
`2014013000300001001SDCE6
`SUPPORTINGDOCUMENTCOVERPAGE
`Document Date: 01-16-2014
`
`PAGE1 OF1
`Preparation Date: 01-30-2014
`
`Document
`ID: 2014013000300001
`Document Type: DEED
`ASSOCIATEDTAXFORMID:
`2014011400023
`SUPPORTINGDOCUMENTSSUBMITTED:
`
`RP- 5217 REALPROPERTYTRANSFERREPORT
`
`Page Count
`3
`
`15 of 85
`
`

`

`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 156082/2024
`
`RECEIVED NYSCEF: 11/04/2024
`
`FO CITY USEONLY
`C1, County Code
`
`C3. Book
`°ª
`CS.CRFN
`PROPERTYlNFORMATION
`
`C2. Date Deed
`Recorded
`Month
`C4. Page [
`
`Day
`
`Year
`
`[
`
`REALPROPERTYTRANSFERREPORT
`STATEOFNEWYORK
`STATEBOARDOFREALPROPERTYSERVICES
`RP - 5217NYC
`
`1.
`
`Lmtian
`Property|
`
`2. Buyer
`Name
`
`| WEST38THSTREET
`39
`STREETNUMBER
`STREETNAME
`REGENT33RDREALTYGROUP
`LAsTNAME| COMPANY
`
`I
`
`LASTNAME/ COMPANY
`Indicate where future Tax Bills are to be sent
`if other than buyer address (at bottom of form)
`
`3. Tax
`Billing
`Address
`
`MANHATTAN
`BOROUGH
`
`FIRSTNAME
`
`1
`
`FIRSTNAME
`
`LASTNAME/ COMPANY
`
`FIRSTNAME
`
`STREETNUMBERANDSTREETNAME
`4. Indicate the number of Assessment
`Roll parcels transferred on the deed
`
`I
`
`CITYORTOWN
`
`# of Parcels OR
`
`Part of a Parcel
`
`Property
`Size
`
`Ï
`
`FRONTFEET
`
`DEPTFf
`
`OR
`
`ACRES
`
`I
`
`I
`
`,
`STATE
`4A. Planning Board Approval - N/A for NYC
`4B. Agricultural District Notice - N/A for NYC
`Checkthe boxes below as they apply:
`6. Ownership Type is Condominium
`7. NewConstruction on Vacant Land
`
`8. Seller
`Name
`
`FIRsTNAME
`
`10018
`ZIPCODE
`
`.
`
`.
`
`....
`
`I
`
`I
`
`ZIPCODE
`
`11. Date of Sale / Transfer
`
`|
`
`|
`
`12
`Month
`
`1
`Month
`
`/
`
`/
`
`6
`Day
`
`16
`Day
`
`/ 2013 |
`Year
`
`/
`
`2014 |
`Year
`
`I
`J
`
`Industrial
`Public Service
`
`X
`BSDHASLACHA26, LLC
`LASTNAME/ COMPANY
`HASLACHA26, LLC
`LASTNAME/ COMPANY
`FIRSTNAME
`9. Check the box below which most accurately describes
`the use of the property at the time of sale:
`A
`E /
`C
`Commercial G Entertainment
`OneFamily Residential
`Residential Vacant Land
`B
`/ Amusement
`D Non-Residential Vacant Land
`H
`2 or 3 Family Residential
`p
`Apartment
`Community Service
`SALEINFORMATION
`14. Check one or more of these conditions
`as applicable to transfer:
`A
`10. Sale Contract Date
`Sale Between Relatives or Former Relatives
`B
`Sale Between Related Companies or Partners in Business
`C
`one or the Buyers is also a Seller
`D Buyer or Seller is Government Agency or Lending Institution
`E
`DeedType not Warranty or Bargain and Sale (Specify Below )
`F
`Sale of Fractional or Less than Fee interest ( Specify Below )
`G Significant Changein Property Between Taxable Status and Sale Dates
`/ h
`H Sale of Business is Included in Sale Price
`Other Unusual Factors Affecting Sale Price ( SpeCify Below )
`
`I
`]
`
`12. Full Sale Price $
`, 2 , 9
`6 , 2 , 7
`0 , 0 , 0 |
`( Full Sale Price is the tota amount paid for the property including personal property.
`This payment maybe in the form of cash, other property or goods, or the assumption of
`mortgages or other obligations.)
`Please round to the nearest whole dollar amoune
`13. indicate the value of personal
`'
`included
`In the sale
`property
`ASSESSMENTINFORMATION- Data should reflect
`I O, 2|
`
`'
`
`the latest Final Assessment Roll and TaxBill
`
`15. Building Class
`
`16. Total Assessed Value (of all parcels in transfer)|
`
`,
`
`, 2
`
`7
`
`8
`
`2
`
`3
`
`5
`
`0 J
`
`17. Borough, Block and Lot
`/ Roll
`MANHATTAN840 19
`
`Identifier(s)
`
`( If more than three, attach sheet with additional
`
`identifier(s)
`
`)
`
`201401140002320102
`
`16 of 85
`
`

`

`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 156082/2024
`
`RECEIVED NYSCEF: 11/04/2024
`
`CERTlFICATION
`
`(to the best of myknowledge and belieG and
`I certify that all of the items of Information entered on this fonn are true and correct
`fact herein will subject meto the provisions
`law relative to
`of the penal
`false statement of material
`the making of any willful
`understand that
`the making and filing of false Instruments.
`
`BUYER'SATTORNEY
`
`DATE
`$1GNATURE
`LOORGANIZATION42 WEST48TH STREETSUITE 206
`
`LASTNAME
`
`FIRSTNAME
`
`AREACODE
`
`TELEP ENUMBER
`
`STREETNAME(AFTERSALE)
`STREETNUMeER
`NEWYORK
`
`CITYORTOWN
`
`NY
`STATE
`
`10036
`ZIPCODE
`
`SELLER A
`
`E
`
`DATE
`
`2014011400023201
`
`17 of 85
`
`

`

`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 156082/2024
`
`RECEIVED NYSCEF: 11/04/2024
`
`Form RP-5217 NYC
`
`ATTACHMENT
`
`I certify that all of the items of information
`false statement of material
`of any willful
`
`CERTIFICATION
`the making
`(to the best of myknowledge and belief) and understand that
`entered on this form are true and correct
`law relative to the making and filing of false instruments.
`fact herein will subject meto the provisions of the penal
`
`BUYERS
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Buyer Signature
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`SELLERS
`
`SeI
`
`Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Seller Signature
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`Date
`
`2014011400023201
`
`18 of 85
`
`

`

`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`NYSCEF DOC. NO.
`4
`
`INDEX NO. 156082/2024
`INDEX NO. 156082/2024
`RECEIVED NYSCEF: 11/04/2024
`RECEIVED NYSCEF: 11/04/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`19 of 85
`19 of 85
`
`

`

`FILED: NEW YORK COUNTY CLERK 11/04/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 156082/2024
`
`RECEIVED NYSCEF: 11/04/2024
`
`STANDARDFORMOFOFFICE LFASE
`
`
`
`
`
`
`AGREEMENTOFLEASE madeas of this
`_9* Day of APRIL 2019 , between REGENT
`
`
`
`
`
`
`
`
`
`
`
`
`
`33RDREALTYCORP., 42 WEST48THSTREET, NEWYORK,NY10036 party of the first
`hereinafter
`referred
`to as
`OWNERand LANDLORD,and FIVE TIER INC., party of the second part,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`part,
`to as TENANT.
`hereinafter
`referred
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`WITNESSETH:Ownerhereby leases to Tenant and Tenant hereby hires
`from Ownera portion of the THIRD
`
`
`
`
`
`
`
`
`
`
`
`
`(3RD) FLOOR,SUITE # 3E in the building knownas 39 WEST38" STREET, in the Borough of MANHATTAN,City of
`NEWYORK,for
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`the term of FIVE (5) YEARS (or until
`such term shall sooner cease and expire as hereinafter
`to
`provided)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`commenceon the:
`day of MAYTWOTHOUSANDANDNINETEEN(2019), and to end on the
`
`
`1st
`day of APRIL TWOTHOUSANDANDTWENTYFOUR(2024), both dates
`30"
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`at an annual
`inclusive,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`rate of SEESCHEDULE-A- FORRIDER ANNEXEDFORRENTALRATEOFDEMISEDPREMISESwhich
`rental
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`in payment of all debts and dues, public and
`Tenant agrees to pay in lawful moneyof the United States which shall be legal
`tender
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`day of each month during said term, at
`the time of payment,
`in advance on the first
`in equal monthly
`installments
`the
`private,
`at
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`of Owneror such other place as Ownermaybe designate, without any set off or deduction whatsoever, except
`that Tenant
`office
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`on the execution hereof
`lease be a renewal).
`shall pay the first monthly
`(unless
`this
`installment(s)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`the commencement of the term of this
`in the payment
`In the event
`lease, or thereafter,
`Tenant shall be in default
`at
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`that,
`to Ownerpursuant
`lease with Owner or with Owner's predecessor
`of rent and additional
`to the terms of another
`rent
`in interest,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Ownermay at Owner's option and without
`to Tenant add the amount of such arrears
`or rent
`notice
`to any monthly
`installment
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`payable hereunder and the samebe payable to Owneras additional
`rent.
`
`
`
`
`
`
`
`
`
`
`
`
`The parties
`themselves,
`for
`hereto,
`
`
`
`
`assigns, hereby covenant as follows:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`their
`
`
`
`heirs,
`
`distributes,
`
`
`executors,
`
`
`
`administrators,
`
`
`legal
`
`
`
`representatives,
`
`
`successors and
`
`
`
`
`
`
`at
`
`
`
`Occupancy:
`
`
`
`1.
`
`
`
`
`
`
`
`Tenant shall pay the rent as above and as hereinafter
`provided.
`
`
`
`
`
`
`
`
`
`
`
`
`SEESCHEDULE-A- FORRIDERANNEXEDFORRENTALRATEOFDEMISEDPREMISES.
`
`
`
`
`
`
`
`
`
`
`
`premises for MEDIANETWORKprovided such use is in
`use and occupy demised
`Tenant shall
`Use:
`2.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`the existing COdoes
`accordance with the Certificate
`of Occupancy for
`In the event
`if any, and for no other purpose.
`the building,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`lease, Tenant shall be obligated to obtain
`not provide for such use contemplated
`licenses
`for all necessary
`all permits,
`in this
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`etc.,
`to the COor the issuance of a newCOthat permits Tenant's use. Landlord shall not be obligated to alter
`changes/amendments
`the
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`a new COunder any circumstances.
`existing COor obtain
`Tenant
`times conduct
`its business in a high grade and
`shall
`at all
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`reputable manner, shall not violate Article
`38 hereof.
`
`
`
`
`
`
`
`
`shall make no changes in or
`to the demised premises of any nature without Owner's prior
`Tenant
`Alterations:
`3.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Tenant at Tenant's expense,
`consent of Owner, and to the provisions
`of
`consent. Subject
`to the prior written
`written
`this
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`article,
`maymakealterations,
`or improvements which are non-structural
`and which do no effect
`or
`additions
`services
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`installations,
`utility
`and electrical
`in or to the interior
`of
`the demised premised using contractors
`or mechanics
`approved by
`plumbing
`first
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`lines,
`Owner. Tenant
`or improvements
`its expense, before making any alterations,
`installations
`obtain
`additions,
`all permits,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`shall,
`or quasi-governmental
`required by any governmental
`bodies and (upon completion)
`approval and certificates
`of
`certificates
`final
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`to Owner. Tenant agrees to
`thereof and shall deliver
`approval
`approvals and certificates
`of all such permits,
`duplicates
`promptly
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`personal
`and sub-contractors
`such workman's
`general
`carry and will
`cause Tenant's contractors
`compensation,
`to carry
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`liability,
`and property damage insurance as Owner may require.
`If any mechanic's
`the demised premises, or
`against
`the
`lien
`is
`filed
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`for work claimed to have been done for, or materials
`building of which the sameforms a part,
`furnished to, Tenant, whether or not
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`the same shall be discharged by Tenant within thirty
`at Tenant's expense, by filing
`done pursuant
`days thereafter,
`to this
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`article,
`the bond required by law or otherwise.
`All
`and like
`and all
`installed
`in the
`railings
`fixtures
`paneling,
`partitions,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`installations,
`become the property of Owner
`either by Tenant or by Owner on Tenant's behalf,
`upon installation,
`premises at any time,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`shall,
`to Tenant no later
`remain upon and be surrendered with the demised premises unless Owner, by notice
`than twenty days
`and shall
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`and to have them removed by
`of
`Owner's right
`as the termination
`thereto
`to relinquish
`elects
`prior
`to the date fixed
`this
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`lease,
`in which event
`the same shall be removed from the demised premises by Tenant prior
`of
`to the expiration
`the lease,
`Tenant,
`at
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`be construed to give Ownertitle
`to or to prevent Tenant's removal of trade fixtures,
`Tenant's expense. Not