Exhibit,Appendix: Fifth Partners Llc v. Punch House Flatiron Llc, Joseph W. Foley, Nada Vasilijevic

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                                FILED: NEW YORK COUNTY CLERK 05/04/2023 12:24 PM                                                                 INDEX NO. 161105/2021
NYSCEF DOC. NO. 66                                                                                        RECEIVED NYSCEF: 05/04/2023




             SUPREME COURT OF THE STATE OF NEW YORK
             COUNTY OF NEW YORK
             --------------------------------------------------------------------x
             FIFTH PARTNERS LLC,                                                     Index No.: 161105/2021

                                                                  Plaintiff,
                                  -against-                                                  AFFIDAVIT IN SUPPORT OF
                                                                                             Reconsideration SUMMARY
                                                                                             JUDGMENT

             PUNCH HOUSE FLATIRON LLC, JOSEPH W.
             FOLEY and NADA VASILIJEVIC,

                                                                   Defendants.
             --------------------------------------------------------------------x

             State of New York                         )
                                                       ) ss.:
             County of New York                        )

                       Nada Foley, being duly sworn, deposes and states under the penalty of perjury:

                       1.         I am a member of defendant Punch House Flatiron LLC, and one of the guarantors and as

             such I am fully familiar with all the facts and circumstances set forth below. I respectfully submit this

             affidavit in support for the reconsideration of summary judgement.

                       2.         I was present at the lease signing and I can attest to the fact that dates were specifically

             stated with regard to the finishing of the storefront by July 15th 2021. Vijay Mehra and Joseph Foley were

             in discussion of several topics of the lease as well chatting about family and real estate. It was a

             comfortable environment, where it was simply two family business trying to get back to business after

             pandemic.

                       3.         I was attest that Vijay did in fact call over Saq with their secretary present, when my

             husband asked about the storefront. Saq hesitate, but Vijay directly stated that it should be before July 15

             2021. Saq agreed immediately. While Saq was present, I specifically ask about the scaffolding in place and

             when would it be removed. Saq said the last week of August or first week of September. Maybe specific

             dates on completion were not given, but when they would be finished.

                       4.         On these discussions, Joseph and I stated would only signed based on these timelines.

                       5.         After we signed, Joseph asked when can we have access. Vijay said they were under

             construction, but we could have deliveries until they were completed. Joseph did go to the space several

             times but reprimanded by their building manager from coming and going from the space. He was allowed
FILED: NEW YORK COUNTY CLERK 05/04/2023 12:24 PM                                                           INDEX NO. 161105/2021
NYSCEF DOC. NO. 66                                                                                RECEIVED NYSCEF: 05/04/2023




             to be in the space, but not during construciton, and when he was allowed, there was no work allowed to be

             done. It seems obvious we were not given full possession of the premise.

                     6.       In short, the real victim is us. We lost money and time, lost our investment, and future

            revenue, as well as opportunity for another location with a better landlord. We were in negotiations with

            other spaces, during this time. Most importantly, we lost the opportunity to take the subject premise. We

            lost instructors and clients. However, the landlord benefited from our renovations and leased out the space

            within a couple month of re-listing it. They did infact rent it at a higher price and a longer term. We are

            seeking compensations for reimbursement of the costs for renovations. We are also seeking damages

            related to lost opportunity and future revenue.

                     WHEREFORE, the defendants demand judgment dismissing the complaint in its entirety,

            declaring the lease entered be rescinded and canceled, awarding damages to be determined by trial on the

            counterclaim, awarding the defendant with reasonable attorney fees, cost, fees and disbursements, and for

            such other and further relief as the court deems just and proper.



            Dated: New York, New York
                   June 30, 2022




                                                                   ___________________________________
                                                                   Nada Vasilijevic




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