PROSKAUER ROSE LLP
Dale A. Schreiber (DS-9211)
Allison B. Feld (AF-9464)
1585 Broadway
New York, NY 10036
(212) 969-3000
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BLEECKER CHARLES COMPANY, : 00 Civ. 7827 (GEL)
Plaintiff, :
NOTICE OF MOTION FOR
-against- : SUMMARY JUDGEMENT
350 BLEECKER STREET APARTMENT :
CORPORATION,
: Oral Argument Requested
Defendant,
:
-against-
:
BLEECKER PARKING CORP.,
:
Additional Counterclaim Defendant.
:
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PLEASE TAKE NOTICE that, upon the annexed Stipulation of Undisputed Facts signed by all counsel dated and March 15, 2001, as well as the exhibits thereto, the annexed Affidavit of Dale A. Schreiber, sworn to on March 14, 2001, as well as the exhibits thereto, and the annexed Affidavit of Kenneth B. Newman, sworn to on March 12, 2001, as well as the exhibits thereto, and upon all prior pleadings and proceedings herein in the action to date, plaintiff Bleecker Charles Company ("the Sponsor") will move before the Honorable Gerald E. Lynch, at the United States Courthouse, Southern District of New York, 40 Centre Street, Room 1815, New York, New York 10007, for an order, pursuant to Rule 56, Fed. R. Civ. P:
1. declaring that the notice dated July 19, 2000 (' the Notice ') from defendant 350 Bleecker Street Apartment Corporation ("the Co-op") to the Sponsor purporting to terminate that portion ("the Garage Portion") of the Agreement of Lease dated July 31, 1985 ("the Master Lease") between the Co-op, as landlord, and the Sponsor, as tenant, covering a public parking garage ('the Garage") at the building known as 350 Bleecker Street in the City, County and State of New York ("the Building"), pursuant to the Condominium and Cooperative Conversion Protection and Abuse Relief Act, 15 U.S.C. §§ 3601-3616 ("the Act"), was not sent to the Sponsor within the two-year period after the Sponsor had ceased to own more than 25% of the total residential apartment units in the Building within the meaning of 15 U.S.C. § 3607(b)(2) of the Act and that therefore (a) the purported termination of the Garage Portion did not become effective pursuant to 15 U.S.C. § 3607(d) of the Act, (b) the Notice is null and void, and (c) the Co-op is forever barred from seeking to terminate the Garage Portion of the Master Lease under the Act;
2. enjoining the Co-op from taking any action to terminate the Master Lease or the Garage Portion or from interfering with the Sponsor's and its independent subtenant's possession or enjoyment of the Garage;
3. dismissing the Co-op's counterclaim with prejudice and costs; and
4. granting such other or further relief as may be just and proper.
Dated: New York, NY
March 15, 2001
PROSKAUER ROSE LLP
By: /s/ Dale A. Schreiber
TO: Robert N. Fass, Esq.
Friedman, Krauss & Zlotolow
888 Seventh Ave.
New York, NY 10106-0299
(212) 247-5990
Attorneys for Defendant
Vincent J. Syracuse, Esq.
Tannenbaum Helpern Syracuse & Hirschtritt LLP
900 Third Avenue
New York, NY 10022
(212) 508-6700
Attorneys for Additional Counterclaim Defendant