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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`
`CARMEL REAL ESTATE PROPERTIES, LLC
`
`Plaintiffls)
`
`- against —
`
`MANHATTAN MR IMAGING, LLC
`
`Defendant(s).
`
`f
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`:
`:
`:
`;
`I
`
`Index No. 65517112017
`
`AFFIRMATION IN
`OPPOSITION TO
`PLAINTIFF’S ORDER TO
`SHOW CAUSE
`
`Lavinia A. Acaru, an attorney with YITZHAK & EPSTEIN PC, having its Offices at 17
`
`Barstow Road, Suite 406, Great Neck, New York 11021, admitted to practice law in the State of
`
`New York, hereby affirms under the penalties ofperjury and pursuant to CPLR Section 2106, the
`
`following:
`
`1. Our office represents the Defendant, MANHATTAN MR IMAGING LLC in the above
`
`captioned action. I have reviewed the file, and as such I am fully familiar with the facts and
`
`circumstances of this matter.
`
`2.
`
`I am submitting these papers in opposition to Plaintiff s Order to Show Cause dated
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`August 2, 2017.
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`3. Plaintiff‘s order to show cause should be denied in its entirety, as Defendant’s has no
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`ownership in the medical equipment located at the premises known as 1865 Amsterdam Ave,
`
`New York, NY (the “Premises”). See Exhibit “A”
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`4. Furthermore, Plaintiff did not even noticed or served LightRay Inc., the company who
`
`owns the medical equipment, and therefore this order to show cause should be denied as
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`LightRay Inc. is an interested party.
`
`5.
`
`In his moving papers, Plaintiff’s counsel simply states that Defendant stopped paying rent
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`and owes utilities in the amount of $30,000.00. See Bartel] ’s Afiirmation 114. However, Plaintiff
`
`does not even bother to offer any proof of the amount of utilities owed by Defendant.
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`Furthermore, the electric meter installed at the property was serving two tenants, and Defendant
`
`cannot be sure of the accuracy of the amount owed.
`
`6. Defendant did not comply with the June 26, 2017 Order of Judge Jose Padilla, Jr., in the
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`Non-Payment Commercial Landlord—Tenant action, because Defendant was illegally locked out.
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`Currently there is an Order to Show Cause pending in Landlord-Tenant action, which seeks to
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`restore Defendant to possession and damages for the illegal lockout. Attached hereto as Exhibit
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`“B” is a copy of the Order to Show Cause pending in Landlord-Tenant action.
`
`7. Furthermore, Plaintiff’ s counsel fails to include an Affidavit from someone with personal
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`knowledge of the facts and circumstances herein, or any other proof of the alleged utilities owed.
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`Bare-boned and conclusory statement is insufficient to prove that Defendant owes rent and/or
`
`utilities.
`
`8.
`
`In the case at bar, the lease that parties signed states that the term of the lease starts 30
`
`days after the start of MRI billable testing, and the rent shall be $10,000 per month. After 90
`
`days, the rent shall increase to $12,000 per month.
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`9. The lease was signed on November 15, 2014 for raw space of “approximately
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`2000 sq feet” in the basement. During the term of the lease, Defendant only had access to
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`approximately 1200 sqft.
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`10. In the late 2014 — early 2015, Defendant began construction and moved in equipment.
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`After initial construction was finished and initial equipment was installed in early 2015, the
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`premise was damaged due to water pipe burst in the building. The pipe burst caused extensive
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`flooding to Defendant’s space and equipment. As a result, Defendant repaired the damaged
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`premises and equipment.
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`11. On or about February 11, 2016 Defendant completed the MRI, CT, Dexa, XRray, and
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`Ultrasound installation.
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`12. On or about February 2016, the buildings pipes burst again directly above Defendant’s
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`leased premises, causing extensive water damage on the MRI and other equipments.
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`13. On or about April 21, 2016 the MRI was restored to operations, and on April 22, 2016 the
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`first billable study was completed.
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`14. Therefore, the term of the lease starts May 21, 2016 (April 21 MRI restored to operations
`
`+ 30 days). From May 215t to July 21St $10,000 per month, and from August 21St $12,000 per
`
`month.
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`15. Defendant paid a total of $103,000.00 to Plaintiff for the 2016 rent.
`
`16. As of December 31, 2016 Defendant only owed $93,870.00 as per the lease attached
`
`hereto as exhibit A. Defendant overpaid the rent in 2016 by approximately $9,000.00 and the
`
`overpayment should be credited by the Plaintiff.
`
`17. Defendant appeared and filed an answer in this action. See Exhibit “C”
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`18. CPLR §6301 sets the grounds for the issuance of both a preliminary injunction and TRO
`
`as follows: A preliminary injunction may be granted in any action where it appears that the
`
`defendants threatens or is about to do, or is doing or procuring or suffering to be done, an act in
`
`Violation of plaintiff’s rights respecting the subject of the action, and tending to render the
`
`judgment ineffectual, or in any action where the plaintiff has demanded and would be entitled to
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`a judgment restraining the defendant from the commission or continuance of an act, which, if
`
`committed or continued dining the pendency of the action, would produce injury to the plaintiff.
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`A temporary restraining order may be granted pending a hearing for a preliminary injunction
`
`Where it appears that immediate and irreparable injury, loss or damage will result unless the
`
`defendant is restrained before the hearing can be had.
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`19. In the case at bar, Defendant is not the owner of the medical equipment located at the
`
`Premises, and does not have any interest in it. Therefore, Plaintiff’s order to Show cause should
`
`be denied in its entirety, as there is no basis for a temporary restraining order.
`
`WHEREFORE, it is respectfully requested that the Court deny Plaintiff’s Order to Show Cause
`
`dated in its entirety, and for such other and further relief as may be just, proper and equitable.
`
`Dated: Great Neck, New York
`
`October 11, 2017
`
`YITZHAK & EPSTEIN PC
`
`A ttomeys for Defe
`
`m“
`
`
`
`l7 Barstow Road, Suite 406
`Great Neck, New York 11021
`
`(516) 466-7144
`
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`EXHIBIT
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`6 (A9 9
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`RnCnIVnD NYSCEF: 10/11/2017
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`Lease Agreement
`
`This Lease Agreement was entered into on June 15th 2017 between:
`
`(1) LightRay Inc., hereinafter referred to as “Lessor”, and
`(2) RadCiti Imaging, P.C. hereinafter referred to as “Lessee".
`
`l XsRa N v II 324 Contr l
`niver
`M
`The subject of this Lease Agreement is the ~
`a
`in
`with JEI Cold water x—Ray Film Processor hereinafter referred to as “Subject of Lease".
`This Subject of Lease is currently located at 1&65 Amsterdam Ave, New Ygrk, NY 10031.
`
`enera or
`
`The parties recite and declare:
`A) Lessor currently possesses Subject of Lease.
`B) Lessee desires to lease Subject of Lease.
`C) The parties desire to enter into a Lease Agreement defining all rights, duties, and liabilities of
`the parties.
`
`Rentals
`
`In consideration of the mutual covenants contained in this Lease Agreement, the parties agree as follows:
`
`The Subject of Lease is to be used by Lessee in the conduct of the business of medical imaging. Lessee
`shall not use the Subject of Lease for any illegal, immorai, or ultra- hazardous activity, whether within or
`outside the scopes of the business of Lessee.
`
`The term of this Lease Agreement shall be for a period commencing on iune 15, 2017 and terminating
`June 14, 2020 unless earlier terminated by breach of the terms and conditions of this Lease Agreement.
`
`During the term of this Lease Agreement, Lessee shall pay the Lessor the rent as well as service charges,
`monthly, in advance as follows:
`‘
`Total cost for subject of lease will be FORTY FIVE THOUSAND SEVEN HUNDRED EIGHTY
`SIX DOLLARS ($45,786.00)
`Amortized over 3 years
`Interest rate of 10%
`
`'
`
`payments will kick in
`
`‘
`
`No payments for months 1 and 2.
`Payment for months 3 thru 36 will be interest and principal of $ 1,346.65 /Mo
`Cost for Subject of Lease inciudes delivery, instailation, and 1 year warranty.
`
`After all payments have been made to the Lessor, the Lessee may exercise an option to purchase the
`Subject of Lease for the price of $1.00.
`
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` RfiCfiIVfiD VYSCEF:
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`All additional services to the Subject of Lease in excess to the monthly service fee in Section Three is a
`responsibility of the Lessee. The Lessee is also responsible for the payment of all the permit fees, all the
`taxes and other government fees related to the operation of the Subject of Lease.
`
`Lessor will be responsible and carry coverage for any damage to its property in order to ensure the
`highest standard of repairs to its equipment. Lessee shall carry liability insurance insuring Lessee and
`Lessor against any claims arising from damages to the premises or injuries.
`
`Lessee shall keep the Subject of Lease free and clear of all liens arising out of any work performed or
`obligations incurred by Lessee.
`
`Lessee shall not assign this Lease Agreement, or sell or sublet the Subject of Lease or any part of or
`interest in it, without the prior, express, and written consent of Lessor.
`
`This Lease shall not be assigned by operation of law. Any attempt to sell, assign, or sublet without the
`consent of Lessor, shall be deemed a default by Lessee.
`
`If Lessor fails or neglects to perform under the provisions or this Lease Agreement or of the original lease
`between them, then Lessee may, after reasonable notice in writing of not less than 30 days, terminate
`this Lease Agreement.
`
`If any renE or service charges reserved, or any part of them, shall be and remain unpaid when they shall
`become due, or if Lessee violates or default in any of the provisions of this Lease Agreement, then
`Lessor may cancel this Lease Agreement by giving the required notice.
`
`In spire of termination of this Lease Agreement, the liability of Lessee for the rent or service charges shall
`not be extinguished for the balance of the term of this Lease Agreement.
`
`If Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee, or other
`liquidating officer is appointed for the business of Lessee, then Lessor may terminate this Lease
`Agreement at the option of Lessor.
`
`The waiving of any of the provisions of this Lease Agreement by any party shall be limited to the
`particular instance involved and shall not be deemed to waive any other rights of the same or any other
`terms of this Lease Agreement.
`
`Lessee shall surrender the Subject of Lease within 5 days from the receipt of notice of termination of this
`Lease Agreement, or on the last day of the term of this Lease Agreement.
`
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`INDEX NO.
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`IV D \IYSCTF-
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`.
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`10/11/2017
`RECEIVED NYSCEF: 10/11/2017
`
`Except where otherwise required by statute, all notices given pursuant to the provisions of this Lease
`Agreement may be sent by certified mail, postage prepaid, to the last known mailing address of the party
`for whom the notice is intended.
`
`If any controversy develops that i
`Agreement, it shall be arbitratecl i
`supplemented by the rules then 0
`award rendered may be entered i
`
`s to be submitted to arbitration according to the terms of this Lease
`n accordance with the arbitration laws of New York State, as
`btaining of the American Arbitration Association. Judgment on any
`n any court having jurisdiction over the parties and the property.
`
`if any legal action is instituted to enforce this Leas
`prevailing party shalt be entitled to recover reason
`
`e Agreement, or any part of this Lease Agreement, the
`able attorney fees and court costs from the other party.
`
`In witness, each party to this Lease Agreement has caused it to be executed on
`
`. Ag
`
`Lessor: LightRay Inc.
`
`1?" 0:7:
`
`Lessee: RadCiti Imaging, RC.
`
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`NYSCTF DOC. NO.
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`INDEX NO. 655171/2017
`INDEX NO- 655171/2017
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`RsCsIVsD VYSCEF: 10/11/2017
`RECEIVED NYSCEF: 10/11/2017
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`
`
`I --l I—RHYCamoanlu
`
`Lease Agreement
`
`This Lease Agreement was entered into on June 15th 2017 between:
`
`(1) LightRay Inc., hereinafter referred to as “Lessor", and
`(2) RadClti Imaging, P.C. hereinafter referred to as “Lessee".
`
`2 H 1 hereinafter
`l
`in M
`ltraso nd M
`The subject of this Lease Agreement is the Phili
`
`referred to as “Subject of Lease".
`
`This Subject of Lease is currently located at 1565 Amsterdam Ave, New York, NY 19031.
`
`The parties recite and declare:
`A) Lessor currently possesses Subject of Lease.
`B) Lessee desires to iease Subject of Lease.
`C) The parties desire to enter into a Lease Agreement defining all righB, duties, and liabilities of
`the parties.
`
`Recitals
`
`In consideration of the mutual covenants contained in this Lease Agreement, the parties agree as follows:
`
`The Subject of Lease is to be used by Lessee in the conduct of the business of medical imaging. Lessee
`shall not use the Subject of Lease for any iiiegal, immoral, or ultra- hazardous activity, whether within or
`outside the scopes of the business of Lessee.
`
`W
`The term of this Lease Agreement shall be for a period commencing on June 15, 2017 and terminating
`June 14, 2020 unless earlier terminated by breach of the terms and conditions of this Lease Agreement.
`
`During the term of this Lease Agreement, Lessee shall pay the Lessor the rent as well as service charges,
`monthly, in advance as follows:
`
`‘
`
`Total cost for subject of lease will be THIRTY SEVEN THOUSAND FIVE HUNDRED
`DOLLARS ($37,500.00)
`Amortized over 3 years
`Interest rate of 10%
`
`First payment wiil be due in the third month. From month three and beyond, interest pius principal
`payments will kick in
`'
`No payments for months 1 and 2.
`Payment for months 3 thru 36 will be interest and principal of $ 1,102.94 [Mo
`
`Cost for Subject of Lease includes delivery, installation, and 1 year warranty.
`
`If payments are not received consecutiveiy for 120 days LESsor has the right to terminate the lease
`contract and repossess its property without any court proceedings.
`
`After all payments have been made to the Lessor, the Lessee may exercise an option to purchase the
`Subject of Lease for the price of $1.00.
`
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`NYSCEF DOC. NO.
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`RnCnIVnD yYSCEF: 10/11/2017
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`C
`| CH
`.
`_ S
`E
`I'
`5
`All additional services to the Subject of Lease in excess to the monthly service fee in Section Three is a
`responsibility of the Lessee. The Lessee is also responsible for the payment of all the permit fees, all the
`taxes and other government fees related to the operation of the Subject of Lease.
`
`Lessor will be responsible and carry coverage for any damage to its property in order to ensure the
`highest standard of repairs to its equipment. Lessee shall carry liability insurance insuring Lessee and
`Lessor against any claims arising from damages to the premises or injuries.
`
`_
`5. * l
`I.
`5
`Lessee shall keep the Subject of Lease free and clear of ail liens arising out of any work performed or
`obligations incurred by Lessee.
`
`Lessee shall not assign this Lease Agreement, or sell or subiet the Subject of Lease or any part of or
`interest in it, without the prior, express, and written consent of Lessor.
`
`This Lease shall not be assigned by operation of law. Any attempt to sell, assign, or sublet without the
`consent of Lessor, shall be deemed a default by Lessee.
`
`If Lessor fails or negiects to perform under the provisions or this Lease Agreement or of the original iease
`between them, then Lessee may, alter reasonable notice in writing of not less than 30 clays, terminate
`this Lease Agreement.
`
`If any rents or service charges reserved, or any part of them, shall be and remain unpaid when they shall
`become due, or if Lessee violates or defaults in any of the provisions of this Lease Agreement, then
`Lessor may cancel this Lease Agreement by giving the required notice.
`
`in spire of termination of this Lease Agreement, the liability of Lessee for the rent or service charges shall
`not be extinguished for the balance of the term of this Lease Agreement.
`
`If Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee, or other
`iiquidating officer is appointed for the business of Lessee, then Lessor may terminate this Lease
`Agreement at the option of Lessor.
`
`I
`E E
`.
`,
`,
`_ I
`El
`.
`5
`The waiving of any of the provisions of this Lease Agreement by any party shall be limited to the
`particular instance invoived and shall not be deemed to waive any other rights of the same or any other
`terms of this Lease Agreement.
`
`l
`l S
`.
`.
`_ I
`I
`I
`I.
`5
`Lessee shall surrender the Subject of Lease within 5 days from the receipt of notice of termination of this
`Lease Agreement, or on the last day of the term of this Lease Agreement.
`
`If Lessee shall surrender the Subject of Lease at the election of Lessee, the liability for all duties and
`obligations required of Lessee shall continue until the surrender has been accepted by Lessor in writing.
`
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`NYSCEF DOC. NO.
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`INDEX NO. 655171/2017
`INDEX NO- 655171/2017
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`
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`
`
`RsCsIVsD vYSCEF: 10/11/2017
`RECEIVED NYSCEF: 10/11/2017
`
`Except where otherwise required by statute, aii notices given pursuant to the provisions of this Lease
`Agreement may be sent by certified mail, postage prepaid, to the last known mailing address of the party
`for whom the notice is intended.
`
`I.
`'l
`I
`_ E
`I
`E
`I.
`5
`If any controversy develops that is to be submitted to arbitration according to the terms of this Lease
`Agreement, it shali be arbitrated in accordance with the arbitration laws of New York State, as
`supplemented by the rules then obtaining of the American Arbitration Association. Judgment on any
`award rendered may be entered in any court having jurisdiction over the parties and the property.
`
`
`If any legal action is instituted to enforce this Lease Agreement, or any part of this Lease Agreement, the
`prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party.
`
`In witness, each party to this Lease Agreement has caused it to be executed on
`
`/'
`
`Lessor: LightRay Inc.
`
`Lessee: RadCiti Imaging, RC.
`
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`4
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`NYSCEF DOC. NO. 7
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`IND X
`
`
`
`
`R*.C*.I-\/*-D \TYSCAF. 10/11/201;
`RECEIVED NYSCEF: 10/11/2017
`
`Lease Agreement
`
`Companies
`
`This Lease Agreement was entered into on June 15th 2017 between:
`
`(1) LightRay Inc., hereinafter referred to as “Lessor", and
`(2) RadCiti Imaging, P.C. hereinafter referred to as “Lessee".
`
`The subject of this Lease Agreement is the Cl’ Sean Meehine 2992 Toshibe Astegn Quad Slice g1
`hereinafter referred to as “Subject of Lease".
`
`This Subject of Lease is currently located at 1365 Amstergam Ave, New Yerk, NY 10031,
`
`The parties recite and declare:
`A) Lessor currentiy possesses Subject of Lease.
`B) Lessee desires to lease Subject of Lease.
`C) The parties desire to enter into a Lease Agreement defining all rights, duties, and liabilities of
`the parties.
`
`Recitals
`
`In consideration of the mutual covenants contained in this Lease Agreement, the parties agree as follows
`
`The Subject of Lease is to be used by Lessee in the conduct of the business of medical i
`maging. Lessee
`shall not use the Subject of Lease for any illegal, immoral, or uitra- hazardous activity,
`whether within or
`outside the scopes of the business of Lessee.
`
`Total cost for subject of lease will be ONE HUNDRED EIGHTY FIVE THOUSAND DOLLARS
`AND TWENTY EIGHT CENTS ($185,000.28)
`Amortized over 5 years
`InterESt rate of 10%
`
`payments will kick in
`
`'
`
`No payments for months 1 and 2.
`Payment for months 3 thru 60 will be interest and principal of $3,189.66 [Mo
`Cost for Subject of Lease includes trans
`year warranty.
`
`portation, delivery, installation, rigging, training, build out, and 1
`
`If payments are not received consecutively for 120 days Lessor has the right to terminate the lease
`contract and repossess its property without any court proceedings.
`After all payments have been made to the Lessor, the Lessee
`Subject of Lease for the price of $1.00.
`
`may exercise an option to purchase the
`
`12 of 104
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`
`
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`FILED' NEW YORK COUNTY CLERK 10m2017 04:27 PM
`
`NYSC3F DOC. NO.
`7
`NYSCEF DOC. NO. 7
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`EX NO. 655171/2017
`INDEX NO. 655171/2017
`
`IND
`
`
`
`
`R«.C«.IV*-D \IYSCEF:
`10/11/2017
`RECEIVED NYSCEF: 10/11/2017
`
`responsibility of the Lessee. The Lessee is also responsible for the payment of all the permit fees, all the
`taxes and other government fees related to the operation of the Subject of Lease.
`
`This Lease shall not be assigned by operation of law. Any attempt to sell, assign, or sublet without the
`consent of Lessor, shall be deemed a default by Lessee.
`
`If Lessor fails or neglects to perform under the provisions or this Lease Agreement or of the original lease
`betvveen them, then Lessee may, after reasonable notice in writing of not less than 30 days, terminate
`this Lease Agreement.
`
`13 of 104
`13 of 104
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`
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`FILED: NEW YORK COUNTY CLERK 10/11/2017 04:27 PM
`FILED: NEW YORK COUNTY CLERK 10m2017 04:27 PM
`
`NYSCEF DOC. NO.
`7
`NYSCEF DOC. NO. 7
`
`:3
`o.
`655171/2017
`INDEX NO. 655171/2017
`
`IND X N
`
`
`
`
`RnCnIVnD VYSCEF: 10/11/2017
`RECEIVED NYSCEF: 10/11/2017
`
`If Lessee shall surrender the Subject of Lease at the election of Lessee, the liability for all duties and
`obligations required of Lessee shall continue until the surrender has been accepted by Lessor in writing.
`
`Except where otherwise required by statute, all notices given pursuant to the provisions of this Lease
`Agreement may be sent by certified mail, postage prepaid, to the last known mailing address of the party
`for whom the notice is intended.
`
`If any controversy develops that is to be submitted to arbitration according to the terms of this Lease
`Agreement, it shall be arbitrated in accordance with the arbitration laws of New York State, as
`supplemented by the rules then obtaining of the American Arbitration Association. Judgment on any
`award rendered may be entered in any court having jurisdiction over the parties and the property.
`
`If any legal action is instituted to enforce this Lease Agreement, or any part of this Lease Agreement, the
`prevailing party shall be entitled to recover reasonable attorney fees and court costs f orn t e other party.
`In witness, each party to this Lease Agreement has caused it to be executed on 71/52 /12
`.
`éi'é ,_.
`~
`[Liar/i:
`
`Lessor: LightRay Inc.
`
`Lessee: RadCiti Imaging, RC.
`
`14 of 104
`14 of 104
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`FILED: NEW YORK COUNTY CLERK 10/11/2017 04:27 PM
`FILED: NEW YORK COUNTY CLERK 10m2017 04:27 PM
`
`NYSC3F DOC. NO.
`7
`NYSCEF DOC. NO. 7
`
`655171/2017
`INDEX NO. 655171/2017
`INDEX N0-
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`10/11/2017
`RECEIVED NYSCEF: 10/11/2017
`
`LIEHTRHYCompanies
`
`Lease Agreement
`
`This Lease Agreement was entered into on June 15th 2017 between:
`
`( 1) LightRay Inc., hereinafter referred to as “Lessor", and
`(2) RadCiti Imaging, RC. hereinafter referred to as “Lessee".
`
`Es enz 15F erial#38191
`The subject of this Lease Agreement is the MRI Siemens M ne
`
`hereinafter referred to as “Subject of Lease".
`
`This Subject of Lease is currently iocated at 1 65 Am ter m A
`
`N w York NY 1 O 1.
`
`The parties recite and declare:
`A) Lessor currently possesses Subject of Lease.
`B) Lessee desires to lease Subject of Lease.
`C) The parties desire to enter into a Lease Agreement defining all righE, duties, and liabilities of
`the parties.
`
`Recitals
`
`In consideration of the mutual covenants contained in this Lease Agreement, the parties agree as follows:
`
`The Subject of Lease is to be used by Lessee in the conduct of the business of medical imaging. Lessee
`shall not use the Subject of Lease for any illegal, immoral, or ultra- hazardous activity, whether within or
`outside the scopes of the business of Lessee.
`
`The term of this Lease Agreement shall be for a period commencing on June 15, 2017 and terminating
`June 14, 2024 unless earlier terminated by breach of the terms and conditions of this Lease Agreement.
`
`During the term of this Lease Agreement, Lessee shall pay the Lessor the rent as well as service charges,
`monthly, in advance as follows:
`
`'
`
`'
`
`Total cost for subject of lease will be EIGHT HUNDRED FIFTY THOUSAND SEVEN
`HUNDRED NINTEY EIGHT DOLLARS AND THIRTY EIGHT CENTS ($850,798.38).
`Amortized over 7 years
`Interest rate of 10%
`
`First payment will be due in the third month. From month three and beyond, interest plus principal
`payments will kick in
`
`'
`'
`
`No payments for months 1 and 2.
`Payment for months 3 thru 84 will be interest and principal of $ $10,375.59/Mo.
`
`Cost for Subject of Lease includes transportation, delivery, installation, rigging, training, build out, and 1
`year warranty.
`
`If payments are not received consecutively for 120 days Lessor has the right to terminate the lease
`contract and repossess its property without any court proceedings.
`
`After all payments have been made to the Lessor, the Lessee may exercise an option to purchase the
`Subject of Lease for the price of $1.00.
`
`15 of 104
`15 of 104
`
`
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`FILED: NEW YORK COUNTY CLERK 10/11/2017 04:27 PM
`FILED: NEW YORK COUNTY CLERK 10m2017 04:27 PM
`
`NYSCEF DOC. NO.
`7
`NYSCEF DOC. NO. 7
`
`655171/2017
`INDEX NO. 655171/2017
`'
`INDEX NO-
`
`
`
`
`
`RsCsIVsD vYSCEF:
`10/11/2017
`RECEIVED NYSCEF: 10/11/2017
`
`
`
`All additional services to the Subject of Lease in excess to the monthly service fee in Section Three is a
`responsibility of the Lessee. The Lessee is also responsible for the payment of all the permit fees, all the
`taxes and other government fees related to the operation of the Subject of Lease.
`
`Lessor will be responsible and carry coverage for any damage to its property in order to ensure the
`highest standard of repairs to its equipment. Lessee shaii carry liability insurance insuring Lessee and
`Lessor against any claims arising from damages to the premises or injuries.
`
`.
`5. _ l
`l'
`5
`Lessee shall keep the Subject of Lease free and clear of all liens arising out of any work performed or
`obligations incurred by Lessee.
`
`Lessee shall not assign this Lease Agreement, or sell or sublet the Subject of Lease or any part of or
`interest in it, without the prior, express, and written consent of Lessor.
`
`This Lease shall not be assigned by operation of law. Any attempt to sell, assign, or subiet without the
`consent of Lessor, shall be deemed a default by Lessee.
`
`If Lessor fails or neglects to perform under the provisions or this Lease Agreement or of the original lease
`between them, then Lessee may, after reasonable notice in writing of not less than 30 days, terminate
`this Lease Agreement.
`
`If any rents or service charges reserved, or any part of them, shall be and remain unpaid when they shall
`become due, or if Lessee violates or defaults in any of the provisions of this Lease Agreement, then
`Lessor may cancel this Lease Agreement by giving the required notice.
`
`In spire of termination of this Lease Agreement, the liability of Lessee for the rent or service charges shall
`not be extinguished for the balance of the term of this Lease Agreement.
`
`If Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee, or other
`liquidating officer is appointed for the business of Lessee, then Lessor may terminate this Lease
`Agreement at the option of Lessor.
`
`The waiving of any of the provisions of this Lease Agreement by any party shall be limited to the
`particuiar instance involved and shall not be deemed to waive any other rights of the same or any other
`terms of this Lease Agreement.
`
`Lessee shaii surrender the Subject of Lease within 5 days from the receipt of notice of termination of this
`Lease Agreement, or on the last day of the term of this Lease Agreement.
`
`16 of 104
`16 of 104
`
`
`
`FILED: NEW YORK COUNTY CLERK 10/11/2017 04:27 PM
`FILED: NEW YORK COUNTY CLERK 10m2017 04:27 PM
`
`NYSCEF DOC. NO.
`7
`NYSCEF DOC. NO. 7
`
`INDEX NO. 655171/2017
`INDEX NO' 655171/2017
`
`R«.C«.IV«.D
`
`
`
`
`VYSCEF: 10/11/2017
`RECEIVED NYSCEF: 10/11/2017
`
`If Lessee shall surrender the Subject of Lease at the election of Lessee, the liability for all duties and
`obligations required of Lessee shall continue until the surrender has been accepted by Lessor in writing.
`
`_ H .
`I
`II .
`I.
`5
`Except where otherwise required by statute, all notices given pursuant to the provisions of this Lease
`Agreement may be sent by certified mail, postage prepaid, to the last known mailing address of the party
`for whom the notice is intended.
`
`l'
`I l
`__ E
`I
`E
`I'
`5
`If any controversy develops that is to be submitted to arbitration according to the terms of this Lease
`Agreement, it shall be arbitrated in accordance with the arbitration laws of New York State, as
`supplemented by the rules then obtaining of the American Arbitration Association. Judgment on any
`award rendered may be entered in any court having jurisdiction over the parties and the property.
`
`.
`[ll
`I
`_:
`E'fl
`I.
`5
`If any legal action is instituted to enforce this Lease Agreement, or any part of this Lease Agreement, the
`prevailing party shall be entitled to recover reasonabie attorney fees and court costs from the other party.
`
`In witness, each party to this Lease Agreement has caused it to be executed on
`7 /5 ’27
`
`
`Lessor: LightRay Inc.
`
`Lessee: RadCiti Imaging, RC.
`
`17 of 104
`17 of 104
`
`
`
`FILED: NEW YORK COUNTY CLERK 10/11/2017 04:27 PM
`FILED: NEW YORK COUNTY CLERK 10m2017 04:27 PM
`NYSC
`3F DOC. NO.
`7
`NYSCEF DOC. NO. 7
`
`INDEX NO.
`655171/2017
`INDEX NO. 655171/2017
`
`
`
`
`
`RfiCnIVsD NYSCEF:
`10/11/2017
`RECEIVED NYSCEF: 10/11/2017
`
`W
`
`Cnmuanles
`
`This Lease Agreement was entered into on June 15th 2017 between:
`
`(1) LightRay Inc., hereinafter referred to as “Lessor", and
`{2) RadCiti Imaging, RC. hereinafter referred to as “Lessee”.
`
`The subject of this Lease Agreement is the B ne Dex Ma
`referred to as “Subject of Lease”.
`
`in Di ov
`
`R#
`
`25 hereinafter
`
`This Subject of Lease is currently located at 1865 Amsterdam Ave, New York, NY 10031.
`
`The parties recite and declare:
`A) Lessor currently possesses Subject of Lease.
`B) Lessee desires to lease Subject of Lease.
`C) The parties desire to enter into a Lease Agreement defining all rights, duties, and liabilities of
`the parties.
`
`Rentals
`
`In consideration of the mutual covenants contained in this Lease Agreement, the parties agree as follows:
`
`shall not use the Subject of Lease for any illegal, immoral, or ultra- hazardous activity, whether within or
`outside the scopes of the business of Lessee.
`
`Total cost for subject of iease will be THIRTY EIGHT THOUSAND FOUR HUNDRED
`EIGHTY DOLLARS ($38,480.00)
`Amortized over 3 years
`Interest rate of 10%
`
`payments will kick in
`
`'
`
`No payments for months 1 and 2.
`Payment for months 3