On January 02, 2024 a
ADDENDUM - COMMERCIAL DIVISION (840C)
was filed
involving a dispute between
Fundamental Partners Iv Lp,
and
Applesway Investment Group, Llc,
Cabo Hou Tx Mgr Llc,
Koteswar R Gajavelli,
Madina Shaik,
for Commercial - Contract - Commercial Division
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 01/02/2024 05:10 PM INDEX NO. 650005/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: Print
01/02/2024
Form
UCS-840C
SUPREME COURT OF THE STATE OF NEW YORK
312011
COUNTY OF New York 650005/2024
x Index No.
Fundamental Partners IV LP RJI No. (if any)
Plaintiff(s)/Petitioner(s)
-against-
Koteswar R. Gajavelli et al. COMMERCIAL DIVISION
Defendant(s)/Respondent(s) Request for Judicial Intervention Addendum
COMPLETE WHERE APPLICABLE [add additional pages if needed]:
Plaintiff/Petitioner's cause(s) of action [check all that apply]:
Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g. unfair competition), or statutory and/or common
law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate
restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and
employment agreements not including claims that principally involve alleged discriminatory practices)
Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium
units)
❑ Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent
only
DMIDMOEI
Shareholder derivative actions — without consideration of the monetary threshold
Commercial class actions — without consideration of the monetary threshold
Business transactions involving or arising out of dealings with commercial banks and other financial institutions
Internal affairs of business organizations
Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters
Environmental insurance coverage
Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage)
Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures — without
consideration of the monetary threshold
Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR
Article 75 involving any of the foregoing enumerated commercial issues — without consideration of the monetary threshold
Plaintiff/Petitioner's claim for compensatory damages [exclusive of punitive damages, interest, costs and counsel fees claimed]:
$ 17,752,014.00+
Plaintiff/Petitioner's claim for equitable or declaratory relief [brief description]:
Order requiring the Gajavelli Defendants to provide a full accounting from the inception of the purchase of the Cabo
Property
Defendant/Respondent's counterclaim(s) [brief description, including claim for monetary relief]:
N/A
I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I CERTIFY THAT THE CASE
MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR §
202.70(a), (b) AND (c).
/s/ Kerime S. Akoglu
Dated: 12/26/2023
SIGNATURE
Kerime S. Akoglu
PRINT OR TYPE NAME
1 of 1
Document Filed Date
January 02, 2024
Case Filing Date
January 02, 2024
Category
Commercial - Contract - Commercial Division
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FILED: NEW YORK COUNTY CLERK 01/02/2024 05:10 PM INDEX NO. 650005/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: Print 01/02/2024 Form UCS-840C SUPREME COURT OF THE STATE OF NEW YORK 312011 COUNTY OF New York 650005/2024 x Index No. Fundamental Partners IV LP RJI No. (if any) Plaintiff(s)/Petitioner(s) -against- Koteswar R. Gajavelli et al. COMMERCIAL DIVISION Defendant(s)/Respondent(s) Request for Judicial Intervention Addendum COMPLETE WHERE APPLICABLE [add additional pages if needed]: Plaintiff/Petitioner's cause(s) of action [check all that apply]: Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g. unfair competition), or statutory and/or common law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and employment agreements not including claims that principally involve alleged discriminatory practices) Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium units) ❑ Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent only DMIDMOEI Shareholder derivative actions — without consideration of the monetary threshold Commercial class actions — without consideration of the monetary threshold Business transactions involving or arising out of dealings with commercial banks and other financial institutions Internal affairs of business organizations Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters Environmental insurance coverage Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures — without consideration of the monetary threshold Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial issues — without consideration of the monetary threshold Plaintiff/Petitioner's claim for compensatory damages [exclusive of punitive damages, interest, costs and counsel fees claimed]: $ 17,752,014.00+ Plaintiff/Petitioner's claim for equitable or declaratory relief [brief description]: Order requiring the Gajavelli Defendants to provide a full accounting from the inception of the purchase of the Cabo Property Defendant/Respondent's counterclaim(s) [brief description, including claim for monetary relief]: N/A I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I CERTIFY THAT THE CASE MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR § 202.70(a), (b) AND (c). /s/ Kerime S. Akoglu Dated: 12/26/2023 SIGNATURE Kerime S. Akoglu PRINT OR TYPE NAME 1 of 1