On December 31, 2019 a
Motion-Secondary
was filed
involving a dispute between
Hotel 237, Llc,
and
G.M. Canmar Residence Corp.,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 02/02/2023 05:41 PM INDEX NO. 657772/2019
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/02/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
–––––––––––––––––––––––––––––– X
HOTEL 237, LLC, :
: Index No. 657772/19
Plaintiff, :
: AFFIDAVIT IN SUPPORT
-against- :
:
Motion Seq. No. 005
G.M. CANMAR RESIDENCE CORP., :
:
Defendant. :
:
–––––––––––––––––––––––––––––– X
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
STUART PODOLSKY, being duly sworn, deposes and says:
1. I am a natural person submitting this affidavit in connection with the instant
motion for an order: (a) pursuant to CPLR 2304, quashing the subpoena ad testificandum and
subpoena duces tecum dated December 20, 2022 issued to myself, Jay and Justin (collectively, the
“Subpoenas”), in their entirety; (b) pursuant to CPLR 3103, issuing a protective order with respect
to the deposition sought by Defendant pursuant to the Subpoenas; and (c) awarding Plaintiff and
the Non-Parties1 such other and further relief as this Court may deem just and proper.
2. I am advised by counsel that Defendant alleges that it served me with a
subpoena ad testificandum and subpoena duces tecum on or about January 17, 2023.
3. I have not received any subpoena or check by personal delivery.
4. The only subpoena I am aware of is one that was mailed to me, a copy of
which is annexed hereto as Exhibit “A.”
1
All defined terms herein shall have the same meaning as ascribed to them in the accompanying Affirmation of
Alex M. Estis (“Estis Affirmation”), unless expressly defined herein.
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FILED: NEW YORK COUNTY CLERK 02/02/2023 05:41 PM INDEX NO. 657772/2019
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/02/2023
5. I am also advised that there was no Notice of Subpoena served by Defendant
upon counsel, and that a copy of the subpoena duces tecum was not served within 5 days after the
issuance of the that subpoena in violation of CPLR 3120.
6. The Subpoenas were not served upon me correctly in that no subpoena was
delivered to me and I have not received any subpoena by personal delivery.
7. Additionally, I am advised that the central issue in this action is whether or
not Plaintiff has properly exercised its renewal option under its lease for a term to commence on
January 1, 2020 and expire on December 31, 2024 and whether Plaintiff has an additional option
under the lease to extend for an additional five year term commencing on January 1, 2025 through
and including December 31, 2029.
8. I am not currently or ever was a member of Hotel 237, LLC.
9. Additionally, I believe that the subpoena in an attempt to harass my wife,
Shirley Podolsky, who is a member of Plaintiff.
10. Accordingly, for the reasons set forth herein, and in the accompanying
Affirmation of Alex M. Estis and Memorandum of Law, the instant motion should be granted by
this Court in its entirety.
11. No prior application for the relief sought herein has been made.
-2-
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FILED: NEW YORK COUNTY CLERK 02/02/2023 05:41 PM INDEX NO. 657772/2019
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/02/2023
WiiEREFORE, the mstant motion should be granted in its entirety along with such other
and further relief that this Court deems just and proper.
STÜÀ PODOLSKY
Swo to before me this
day of February, 2023
N ARYC
Linda K Draz
Notary Public, State of New York
Reg. No. 01D16368867
Qualified in New York
County
Commission Expires December
26, 2025
3 .
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FILED: NEW YORK COUNTY CLERK 02/02/2023 05:41 PM INDEX NO. 657772/2019
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/02/2023
PRINTING SPECIFICATIONS STATEMENT
I, Alex M. Estis, hereby certify that, pursuant to Rule 202.8-b of Uniform Civil Rules for
the Supreme Court, the foregoing Affidavit contains a total of 472 words (as measured by the
word processing system on which it was prepared), inclusive of point heading and footnotes and
exclusive of pages containing the table of contents, table of authorities and this Certificate.
_______________________
Alex M. Estis
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Document Filed Date
February 02, 2023
Case Filing Date
December 31, 2019
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 02/02/2023 05:41 PM INDEX NO. 657772/2019 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK –––––––––––––––––––––––––––––– X HOTEL 237, LLC, : : Index No. 657772/19 Plaintiff, : : AFFIDAVIT IN SUPPORT -against- : : Motion Seq. No. 005 G.M. CANMAR RESIDENCE CORP., : : Defendant. : : –––––––––––––––––––––––––––––– X STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) STUART PODOLSKY, being duly sworn, deposes and says: 1. I am a natural person submitting this affidavit in connection with the instant motion for an order: (a) pursuant to CPLR 2304, quashing the subpoena ad testificandum and subpoena duces tecum dated December 20, 2022 issued to myself, Jay and Justin (collectively, the “Subpoenas”), in their entirety; (b) pursuant to CPLR 3103, issuing a protective order with respect to the deposition sought by Defendant pursuant to the Subpoenas; and (c) awarding Plaintiff and the Non-Parties1 such other and further relief as this Court may deem just and proper. 2. I am advised by counsel that Defendant alleges that it served me with a subpoena ad testificandum and subpoena duces tecum on or about January 17, 2023. 3. I have not received any subpoena or check by personal delivery. 4. The only subpoena I am aware of is one that was mailed to me, a copy of which is annexed hereto as Exhibit “A.” 1 All defined terms herein shall have the same meaning as ascribed to them in the accompanying Affirmation of Alex M. Estis (“Estis Affirmation”), unless expressly defined herein. RE\64448\0008\4771449v2 1 of 4 FILED: NEW YORK COUNTY CLERK 02/02/2023 05:41 PM INDEX NO. 657772/2019 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/02/2023 5. I am also advised that there was no Notice of Subpoena served by Defendant upon counsel, and that a copy of the subpoena duces tecum was not served within 5 days after the issuance of the that subpoena in violation of CPLR 3120. 6. The Subpoenas were not served upon me correctly in that no subpoena was delivered to me and I have not received any subpoena by personal delivery. 7. Additionally, I am advised that the central issue in this action is whether or not Plaintiff has properly exercised its renewal option under its lease for a term to commence on January 1, 2020 and expire on December 31, 2024 and whether Plaintiff has an additional option under the lease to extend for an additional five year term commencing on January 1, 2025 through and including December 31, 2029. 8. I am not currently or ever was a member of Hotel 237, LLC. 9. Additionally, I believe that the subpoena in an attempt to harass my wife, Shirley Podolsky, who is a member of Plaintiff. 10. Accordingly, for the reasons set forth herein, and in the accompanying Affirmation of Alex M. Estis and Memorandum of Law, the instant motion should be granted by this Court in its entirety. 11. No prior application for the relief sought herein has been made. -2- RE\64448\0008\4771449v2 2 of 4 FILED: NEW YORK COUNTY CLERK 02/02/2023 05:41 PM INDEX NO. 657772/2019 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/02/2023 WiiEREFORE, the mstant motion should be granted in its entirety along with such other and further relief that this Court deems just and proper. STÜÀ PODOLSKY Swo to before me this day of February, 2023 N ARYC Linda K Draz Notary Public, State of New York Reg. No. 01D16368867 Qualified in New York County Commission Expires December 26, 2025 3 . RE 64448 00084771449vl 3 of 4 FILED: NEW YORK COUNTY CLERK 02/02/2023 05:41 PM INDEX NO. 657772/2019 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/02/2023 PRINTING SPECIFICATIONS STATEMENT I, Alex M. Estis, hereby certify that, pursuant to Rule 202.8-b of Uniform Civil Rules for the Supreme Court, the foregoing Affidavit contains a total of 472 words (as measured by the word processing system on which it was prepared), inclusive of point heading and footnotes and exclusive of pages containing the table of contents, table of authorities and this Certificate. _______________________ Alex M. Estis RE\64448\0008\4771449v2 4 of 4