FILED: NEW YORK COUNTY CLERK 12/27/ :28 PM INDEX NO /2013 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 12/27/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSE CRUCETA, Plaintiff Index No.: /2013 S&L REALTY, NECTAR RESTAURANT, BURLINGTON HOUSE CONDOMINIUM, EAST 82ND STREET TENANTS CORP., ANDREA BUNIS MANAGEMENT INC., CRAWFORD DOYLE BOOKSELLERS, MONNALISA, GEM ANTIQUES, MUSKA, S&L MADISON LLC, 1082 MADISON RESPONSE TO NOTICE TO AVENUE, LLC, ESL REALTY ADMIT HOLDINGS, LLC, JACK FE1NGOLD, INC. and DAVID COOPER AS TRUSTEE OF THE EMESKAY TRUST, Defendants. ESL REALTY HOLDINGS, LLC, plaintiff, Third-Party Index No.: / MADISON AVENUE BAGS CORP., defendant. Defendants, BURLINGTON HOUSE CONDOMINIUM, EAST 82ND STREET TENANTS CORP. and ANDREA BUNIS MANAGEMENT INC., as and for a response to plaintiff's notice to admit dated December 7, 2017, set forth as follows: 1. Objection as improper and beyond the scope and purpose of a Notice to Admit. Item 1. The term vague, undefined in the notice and subject to dpute. It calls for the admsion of a conclusory fact that the subject of dpute. Nevertheless and upon information and common element. On June 3, 2013, S&L MADISON LLC f/k/a S&L REALTY CO. s/h/a S&L REALTY was the owner of commercial condominium units (C-4 and C-5) in the unincorporated association known as BURLINGTON HOUSE CONDOMINIUM, and was possessed of a fractional undivided interest in the common elements of the premes at East 82nd Street in the County, City and State of New York. Page 1 of 6 1 of 8

2 2. Objection as improper and beyond the scope and purpose of a Notice to Admit. Item 2. The term vague, undefined in the notice and subject to dpute. It calls for the admsion of a conclusory fact that the subject of dpute. Nevertheless and upon information and common element. On June 3, 2013, NECTAR RESTAURANT leased commercial space at East 82nd Street in the County, City and State of New York from the unit owner, S&L MADISON LLC f/k/a S&L REALTY CO. s/h/a S&L REALTY who was possessed of a fractional undivided interest in the common elements of the premes at East 82nd Street in the County, City and State of New York. 3. Objection as improper and beyond the scope and purpose of a Notice to Admit. Item 3. The term vague, undefined in the notice and subject to dpute. It calls for the admsion of a conclusory fact that the subject of dpute. Nevertheless and upon information and common element. On June 3, 2013, BURLINGTON HOUSE CONDOMINIUM, was an unincorporated association, and ownership of the common elements at East 82nd Street in the County, City and State of New York was possessed by the member commercial and residential unit owners each of whom had a fractional undivided interest as assigned in the condominium declarations. 4. Objection as improper and beyond the scope and purpose of a Notice to Admit. Item 4. The term vague, undefined in the notice and subject to dpute. It calls for the admsion of a conclusory fact that the subject of dpute. Nevertheless and upon information and common element. On June 3, 2013, EAST 82ND STREET TENANTS CORP. was the owner of the residential condominium unit in the unincorporated association known as BURLINGTON HOUSE CONDOMINIUM and was possessed of a fractional undivided interest in the common elements of the premes at East 82nd Street in the County, City and State of New York. 5. Objection as improper and beyond the scope and purpose of a Notice to Admit. Item 5. The term vague, undefined in the notice and subject to dpute. It calls for the admsion of a conclusory fact that the subject of dpute. Nevertheless and upon information and common element. On June 3, 2013, ANDREA BUNIS MANAGEMENT INC. did not own any units or common elements at the premes known as East 82nd Street in the County, City and State of New York. Page 2 of 6 2 of 8

3 6. Objection as improper and beyond the scope and purpose of a Notice to Admit. Item 6. The term vague, undefined in the notice and subject to dpute. It calls for the admsion of a conclusory fact that the subject of dpute. Nevertheless and upon information and common element. On June 3, 2013, CRAWFORD DOYLE BOOKSELLERS, leased commercial space in the premes at East 82nd Street in the County, City and State of New York from the unit owner, 1082 MADISON AVENUE, LLC who was possessed of a fractional undivided interest in the common elements of the premes at East 82nd Street in the County, City and State of New York. 7. Objection as improper and beyond the scope and purpose of a Notice to Admit. Item 7. The term vague, undefined in the notice and subject to dpute. It calls for the admsion of a conclusory fact that the subject of dpute. Nevertheless and upon information and common element. On June 3, 2013, MSD USA, LLC d/b/a MONNALISA, leased commercial space at East 82nd Street in the County, City and State of New York from the unit owner, S&L MADISON LLC f/k/a S&L REALTY CO. s/h/a S&L REALTY who was possessed of a fractional undivided interest in the common elements of the premes at East 82nd Street in the County, City and State of New York. 8. Objection as improper and beyond the scope and purpose of a Notice to Admit. Item 8. The term vague, undefined in the notice and subject to dpute. It calls for the admsion of a conclusory fact that the subject of dpute. Nevertheless and upon information and common element. On June 3, 2013, JACK FEINGOLD d/b/a GEM ANTIQUES was the owner of a commercial condominium unit (C-3) in the unincorporated association known as BURLINGTON HOUSE CONDOMINIUM, and was possessed of a fractional undivided interest in the common elements of the premes at East 82nd Street in the County, City and State of New York. 9. Objection as improper and beyond the scope and purpose of a Notice to Admit. Item 9. The term vague, undefined in the notice and subject to dpute. It calls for the admsion of a conclusory fact that the subject of dpute. Nevertheless and upon information and common element. On June 3, 2013, DAVID COOPER AS TRUSTEE OF THE EMESKAY TRUST was the owner of a commercial condominium unit (C-6) in the unincorporated association known as BURLINGTON HOUSE CONDOMINIUM, and Page 3 of 6 3 of 8

4 was possessed of a fractional undivided interest in the common elements of the premes at East 82nd Street in the County, City and State of New York. Dated: New York, New York December 27, 2017 X LAWRENC., Q. FLYNN, GIBBONS & DOWD, ESQS. Attorneys for defendants, BURLINGTON HOUSE CONDOMINIUM, EAST 82ND STREET TENANTS CORP. and ANDREA BUNIS MANAGEMENT INC. 65 Broadway Suite 742 New York, New York (212) PARIS 4 CHAIKIN, PLLC Attorneys for plaintiff, JOSE CRUCETA 14 Penn Plaza, Suite 2202 New York, NY (212) LAW OFFICE OF JAMES J. TOOMEY Attorney for defendant, S&L MADISON LLC f/k/a S 4 L REALTY CO. s/h/a S 4 L REALTY 485 Lexington Avenue 7* 7 Floor New York, New York (917) AHMUTY, DEMERS & McMANUS Attorneys for defendant, NECTAR RESTAURANT 200 I. U. Willets Road Albertson, NY (516) MUSKA 1086 Madon Avenue New York, New York Page 4 of 6 4 of 8

5 WADE CLARK MULCAHY Attorneys for defendant, CRAWFORD DOYLE BOOKSELLERS and 1082 MADISON AVENUE, LLC 111 Broadway 9th 9 PlOOr New York, New York (212) REINHARDT LLP Attorneys for MSD USA, LLC d/b/a MONNALISA 44 Wall Street, 10th Floor New York, New York (212) CRISCI, WEISER & McCARTHY Attorneys for defendant, JACK FEINGOLD d/b/a GEM ANTIQUES 17 State Street - 8th Floor New York, New York (212) MUSKA Defendant NO APPEARANCE 1086 Madon Avenue New York, New York GOLDBERGSEGALLALLP Attorneys for defendant third-party plaintiff, ESL REALTY HOLDINGS, LLC 200 Garden City Plaza Suite 520 Garden City, New York (516) MATTHEW A. CUOMO, ESQ. Attorney for defendant, DAVID COOPER AS TRUSTEE OF THE EMESKAY TRUST 200 Old Country Road Suite 2 South Mineola, New York (516) Page 5 of 6 5 of 8

6 1086 MADISON AVENUE BAGS CORP. defendant NO APPEARANCE 1086 Madon Avenue New York, New York Page 6 of 6 6 of 8

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSE CRUCETA, Plaintiff, Index No.: /2013 S&L REALTY, NECTAR RESTAURANT, BURLINGTON HOUSE CONDOMINIUM, EAST 82ND STREET TENANTS CORP., ANDREA BUNIS MANAGEMENT INC., CRAWFORD DOYLE BOOKSELLERS, MONNALISA, GEM ANTIQUES, MUSKA, S&L MADISON LLC, 1082 MADISON STATEMENT AVENUE, LLC, ESL REALTY HOLDINGS, LLC, JACK FEINGOLD, INC. and DAVID COOPER AS TRUSTEE OF THE EMESKAY TRUST, Defendants. ESL REALTY HOLDINGS, LLC, plaints Third-Party Index No.: / MADISON AVENUE BAGS CORP., defendant. I, LAWRENCE A. DORIS, being an attorney duly admitted to the practice of law, affirm the truth of the following under the penalties of perjury: That I have prepared the foregoing response to notice to admit and know the contents thereof based upon my inspection of the premes and review of the condominium declarations and public records; and the same true to my own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. x a 7 of 8

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSE CRUCETA, Plaintiff, Index No.: l2013 S&L REALTY, NECTAR RESTAURANT, BURLINGTON HOUSE CONDOMINIUM, EAST 82ND STREET TENANTS CORP., ANDREA BUNIS MANAGEMENT INC., CRAWFORD DOYLE BOOKSELLERS, MONNALISA, GEM ANTIQUES, MUSKA, S&L MADISON LLC, 1082 MADISON AVENUE, LLC, ESL REALTY HOLDINGS, LLC, JACK FEINGOLD, INC. and DAVID COOPER AS TRUSTEE OF THE EMESKAY TRUST, Defendants. ESL REALTY HOLDINGS, LLC, plaintiff Third-Party Index No.: / MADISON AVENUE BAGS CORP., defendant. RESPONSE TO NOTICE TO ADMIT FLYNN, GIBBONS & DOWD, ESQS. Attorneys for defendants, BURLINGTON HOUSE CONDOMINIUM, EAST 82ND STREET TENANTS CORP. and ANDREA BUNIS MANAGEMENT INC. Office and Post Office Address 65 Broadway Suite 742 New York, NY (212) that,' Pursuant to 22 NYCRR , the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: Print signer's name.' name: PLEASE TAKE NOTICE O that the within a certified true copy of a entered in the office of the clerk within named Court on. O that an Order of which the within a true copy will be presented for settlement to the Honorable one of the judges of the within named Court, at, on, at. Dated: 8 of 8

JUSTICE COURT, CLARK COUNTY, NEVADA. Name: ) ) CASE NO.: Landlord, ) DEPT. NO.: ) -vs- ) ) Name: ) Address: ) ) Phone: ) )

1 1 1 1 1 1 0 1 JUSTICE COURT, CLARK COUNTY, NEVADA Name: CASE NO.: Landlord, DEPT. NO.: -vs- Name: Address: Phone: of the Complaint. of the Complaint. Tenant. TENANT S ANSWER TO COMPLAINT FOR UNLAWFUL