UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BLEECKER CHARLES COMPANY, : 00 Civ. 7827 (GEL)
Plaintiff, :
AFFIDAVIT OF
-against- : KENNETH B. NEWMAN
350 BLEECKER STREET APARTMENT :
CORPORATION,
:
Defendant,
:
-against-
:
BLEECKER PARKING CORP.,
:
Additional Counterclaim Defendant.
:
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STATE OF NEW YORK )
ss.:
COUNTY OF NEW YORK )
KENNETH B. NEWMAN, being duly sworn, states:
1. I am the liquidating partner of Bleecker Charles Company ("the Sponsor"), a New York limited partnership and plaintiff in this action. I submit this affidavit in connection with the Sponsor's motion for summary judgment granting the Sponsor declaratory and injunctive relief. The Sponsor's motion is predicated upon the conclusion that those facts set forth in the Undisputed Statement of Facts dated March 15, 2001 provide a sufficient basis for granting the Sponsor's motion in all respects. Nonetheless, this affidavit is submitted to provide four additional undisputed facts, of which I have personal knowledge, constituting background and context to the stipulated undisputed facts.
2. I was appointed the liquidating partner of the Sponsor by order of the Supreme Court of the State of New York dated April 6,1984 ("the Order"). A true and correct copy of the Order is annexed hereto as Exhibit 1.
3. On or about July 31, 1985, I, acting as the liquidating partner of the Sponsor, caused the Sponsor to transfer the Proprietary Lease and Related Shares for Sponsor's Unit 6A to Kathleen Giannetti (now Iwanczuk) and designated her as a holder of unsold shares. However, neither Ms. Iwanczuk nor her husband ("the Iwanczuks"), who later became a tenant in common with her, ever took any further steps to perfect compliance with the requirements of Title 13 New York Code of Rules and Regulations §18.3 (w). Specifically, the Iwanczuks were required to register as broker-dealers pursuant to New York General Business Law §359-e so as to comply with the broker-dealer registration requirements of 13 N.Y.C.R.R. §18.3 (w) (10). The Iwanczuks were also required by 13 N.Y.C.R.R. §18.3 (w) (11) to amend the offering plan to set forth (a) their identity, (b) any other properties they have offered for sale as cooperatives, condominiums or planned unit development homes within the past five years by address and the year they were first available for occupancy, (c) the name, address and experience of Iwanczuk's architect or engineer and (d) their relationship, if any, with the Co-op's selling agent, managing agent, engineer or architect and any person who will provide services to the Co-op subsequent to commencement of its operation so as to perfect their status as holders of unsold shares. If the Iwanczuks had complied with the requirement of subclauses (10) and (11), there would be public filings with the New York Department of Law to evidence their compliance. There have been no such filings.
4. On or about December I, 1988, I, acting as liquidating partner of the Sponsor, caused the Sponsor to transfer to Shirley Lomanto and her husband Anthony Lomanto ("the Lomantos"), the Proprietary Lease and the Related Shares for Sponsor's Unit 2L, as tenants in common and designated them as holders of unsold shares. However, the Lomantos never took any further steps to perfect compliance with the requirements set forth in Title 13 New York Code of Rules and Regulations §18.3 (w). As with the Iwanczuks, the Lomantos have elected not to comply with either subclause (10) or (11) of 13 N.Y.C.R.R. §18.3(w). If the Lomantos had complied with the requirement of subclauses (10) and (11), there would be public filings with the New York Department of Law to evidence their compliance. There have been no such filings.
5. Sometime in June 2000, I became aware that the Co-op intended to meet on June 27, 2000 to conduct a vote to terminate the Garage Portion of the Master Lease. The Sponsor never received notice of this meeting. On June 27, 2000, prior to the vote being taken, I caused the Sponsor to deliver a written protest of the calling of the meeting without notice to the Sponsor. A true and correct copy of that written protest is annexed hereto as Exhibit 2.
/s/ Kenneth B. Newman
Kenneth B. Newman
Richard J. Costa
Notary Public, State of New York
No. 02C06032573
Qualified in Kings County
Commission Expires Nov. 1, 2001
Sworn to me on this
12th of March, 2001
/s/ Richard J. Costa
Notary Public