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, :
AFFIDAVIT OF
-against- : DALE A. SCHREIBER
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 )
DALE A. SCHREIBER, being duly sworn, states:
1. I am a member of Proskauer Rose LLP, attorneys for plaintiff Bleecker Charles Company ("the Sponsor"). I submit this affidavit in support of plaintiff's motion for an order, pursuant to Rule 56, Fed. R. Civ. P., granting the Sponsor's motion for summary judgment on its claims for declaratory and injunctive relief. The purpose of this affidavit is to place before the Court the procedural history of this action and the related documents.
2. On October 13, 2000, the Sponsor filed with this Court and served on defendant 350 Bleecker Street Apartment Corporation ("the Co-op") a complaint ("the Complaint") seeking, among other relief, (a) a declaratory judgment declaring that the July 19, 2000 notice served by the Co-op on the Sponsor purporting to temminate that portion ("the Garage Portion") of an Agreement of Lease between the Co-op, as landlord, and the Sponsor, as tenant, ("the Master Lease") covering a public parking garage ("the Garage"), pursuant to the Cooperative and Condominium Conversion Protection and Abuse Relief Act, 15 U.S.C. §§3601-3616 ("the Act") was ineffective pursuant to the terms of the Act and therefore void; (b) enjoining the Co-op from interfering with the Sponsor's rights, and the rights of its subtenants, under the Master Lease and the Garage Portion or their respective possession and/or enjoyment of the Garage; and (c) granting the Sponsor damages sustained by reason of the giving of, or any attempt to enforce the Notice, together with its costs, attomeys' fees and other expenses incurred in connection with this action. A true and correct copy of the Complaint is annexed hereto as Exhibit 1.
3. On December 29, 2000 the Co-op served on the Sponsor its answer and counterclaim ("the Answer and Counterclaim") denying the Sponsor's allegations that the Garage Portion was not properly terminated pursuant to the Act. The Co-op's counterclaim was asserted against both the Sponsor and its subtenant, Bleecker Parking Garage Corporation ("the Garage Operator"), seeking to declare the Garage Portion properly terminated and awarding the Co-op possession of the Garage. A true and correct copy of the Answer and Counterclaim is annexed hereto as Exhibit 2.
4. The Sponsor served its reply to the counterclaim ("the Reply to the Counterclaim") on both the Co-op and the Garage Operator on January 12, 2001. A true and correct copy of the Reply to the Counterclaim is annexed hereto as Exhibit 3.
5. The Garage Operator also served a reply to the counterclaim on February 5, 2001 ("the Garage Operator's Reply"). A true and correct copy of the Garage Operator's Reply is annexed hereto as Exhibit 4.
6. On January 12, 2001, counsel for both the Sponsor and the Co-op presented to this Court a case management order ("the Case Management Order") which was approved by the Court and gave leave to the Sponsor to file its accompanying motion for summary judgment. A true and correct copy of the Case Management Order is annexed hereto as Exhibit 5.
7. On February 12, 2001, the parties stipulated to adjourn the filing of this motion to March 8, 2001 and modify the remaining briefing schedule as set forth in the Case Management Order ("the Stipulation"). The Stipulation was approved by the Court on February 14, 2001. A true and correct copy of the Stipulation is annexed hereto as Exhibit 6.
8. On March 7, 2001, the parties stipulated to adjourn the filing of this motion to March 15, 2001 and modify the remaining briefing schedule as set forth in the Case Management Order ("the Second Stipulation"). The Second Stipulation was approved by the Court on March 7, 2001. A true and correct copy of the Second Stipulation is annexed hereto as Exhibit 7.
/s/ Dale A. Schreiber
Dale A. Schreiber
Sworn to before me this
14th day of March, 2001
/s/ Elise A. Yablonski
Notary Public