Preview
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024
"O"
EXHIBIT
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024
STATE OF NEW YORK
CLARKSTOWN JUSTICE COURT
171 NO. PASCACK ROAD Index No. L&T: 23100416
CORP.,
Petitioner
NOTICE OF MOTION FOR
y, SUMMARY JUDGMENT,
STRIKING RESPONDENT'S
A NU U ANSWER AND DISMISSING
INJECTABLES, LLC,
COUNTERLAIM, JUDGMENT
Respondents. OF POSSESSION, AND A
WARRANT OF EVICTION
Premises:
285 North Route 303
Store No. 14
Congers, New York 10920
PLEASE TAKE NOTICE, that upon the Affidavit of Charles Collishaw dated December
12, 2023 and the exhibits attached thereto, the affirmation of Jacqueline K. Lamer, Esq., dated
December 12, 2023 and the exhibits attached thereto, the Memorandum of Law dated December
12, 2023, and upon all the pleadings and proceedings heretofore had herein, and all the papers filed
herein, petitioner 171 NO. PASCACK ROAD CORP., will move this Court before the Honorable
Leslie Kahn, Town Justice at Clarkstown Justice Court, at the Courthouse thereof, located at 20
Maple Avenue, New City, New York 10956, on February 1, 2024, at 9:30 AM, or as soon
thereafter as counsel can be heard, for an Order pursuant to CPLR 3212 for summary judgment,
pursuant to CPLR 3211 striking Respondent's answer and dismissing counterclaims, for a
judgment of possession, and issuance of a warrant of eviction, and in the alternative and only if
necessary, granting Petitioner at least 20 days to reply to any remaining counterclaim following
service of notice of entry of any resulting order, together with such other and further relief as may
seem just and proper to the Court.
PLEASE TAKE FURTHER NOTICE that answering papers, if any, are required to be
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024
served upon the undersigned by January 4, 2024, pursuant to court directive.
Dated: December 12, 2023
FEERICK NUGENT MACCARTNEY PLLC
By:
Jacqueline K. Lamer
onald J. Feerick, Jr.
Matthew W. Lizotte
Attorneys for Petitioner
96 South Broadway
South Nyack, New York 10960
Telephone: (845) 353-2000
jlamer@fnmlawfirm.com
To:
CondonPaxos PLLC
Brian Condon, Esq.
Attorney for Respondent
55 Old Turnpike Road, Suite 502
Nanuet, NY 10954
(845) 627-8500
Brian@condonpaxos.com
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024
Index No. 2310041 Year
STATE OF NEW YORK
CLARKSTOWN JUSTICE COURT
171 NO. PASCACK ROAD CORP.,
Petitioner,
-against-
A NU U INJECTABLES, LLC,
Respondents.
MOTION FOR SUMMARY JUDGMENT
FEERICK NUGENT MACCARTNEY PLLC
ATTORNEYS AT LAW
Attorneys for PETITIONER
Office and Post Office Address, Telephone
96 SOUTH BROADWAY
SOUTH NYACK, NEW YORK 10960
845-353-2000
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice n the courts of New York State,
certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document
are not fi·ivolous.
Dated: December 12, 2023 Signature:
__ ..
Print Signer's Name: Jacqueline K. Lamer
....._...
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
¡ that the within is a (certiped) true copy of a
NOTICEOF entered in the o ffice of the clerk of the within named Court on 20
ENTRY
¡ that an Order of which the within is a true copy will be presented for settlement to the
NOTICEOF Hon. one of the judges of the within named Court,
SETTLEMENT
on , 20 , at .M.
Dated:
.______________________
Attorney(s) for
To:
Attorney(s) for
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024
STATE OF NEW YORK
CLARKSTOWN JUSTICE COURT
171 NO. PASCACK ROAD Index No. 23100416
CORP.,
Petitioner,
AFFIRMATION IN SUPPORT OF
v. MOTION FOR SUMMARY
JUDGMENT, STRIKING
A NU U INJECTABLES, RESPONDENT'S ANSWER AND
LLC,
Respondents. DISMISSING COUNTERLAIMS,
JUDGMENT OF POSSESSION,
Premises: AND A WARRANT OF
285 North Route 303 EVICTION
Store No. 14
Congers, New York 10920
Jacqueline K. Lamer, pursuant to CPLR 2106 and under the penalties of perjury, affirms
as follows:
1. I am an associate with the firm Feerick Nugent MacCartney PLLC the attorneys of
record for the Petitioner. I am fully familiar with the facts, court papers and proceedings of this
action based upon a review of the file maintained by my office.
2. I submit this affirmation in support of Petitioner's application for an Order:
" Pursuant to CPLR 3212 the of judgment
directing entry summary
in favor of Petitioner and against Respondent for the relief
demanded in the Petition on the ground that there is no defense to
the claims alleged in the petition;
" Pursuant to CPLR 3211 Respondent's answer and
striking
dismissing the counterclaim,
" judgment of possession, and issuance of a warrant of
Granting
eviction;
" In the alternative and if necessary, Petitioner at least
only granting
20 days to reply to any remaining counterclaims following service
of notice of entry of any resulting order; and
" Such additional relief as to the Court deem just and proper.
may
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3. True and accurate copies of the following supporting documents are attached
hereto:
Document Tab
Deed Exhibit A
Lease Exhibit B
Notice of Lease Violations Exhibit C
Termination Notice Exhibit D
Requested TRO Exhibit E
Modiñed TRO Exhibit F
Denied TRO Exhibit G
Respondent's Answer Exhibit H
Respondent's Amended Answer Exhibit I
4. It is respectfully submitted that Petitioner should be granted summary judgment
because Petitioner has established, prima facie, entitlement to the relief requested in its petition by
establishing that Respondent violated the lease, Petitioner terminated the lease, and Respondent
remains in the premises without the permission of the owner of the premises. Further, Petitioner's
evidence eliminates any material issue of fact from this case.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
5. This action was brought by the owner to recover possession after termination of
lease of the premises commonly known as 285 North Route 303, Store No. 14, Congers, New York
10920 ("Premises").
6. Petitioner acquired title to 285 North Route 303, Congers, New York 10920,
including the Premises, by Deed (the "Deed") dated December 21, 2020. A true and correct copy
of the Deed is annexed hereto as Exhibit A.
7. Upon information and belief, the Premises are a single store in a commercial
building.
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8. Upon information and belief, Respondent A NU U INJECTABLES, LLC
("Respondent") is the occupant of the Premises.
9. On February 14, 2022, Petitioner and Respondent entered into a Commercial Lease
Agreement (the "Lease"), whereupon Petitioner leased the Premises to Respondent. A true and
correct copy of the Lease is attached hereto as Exhibit B.
10. On or about February 27, 2023, Petitioner served on Respondent a Notice of Lease
Violations. A true and correct copy of the Notice of Lease Violations with a notation of delivery
is attached hereto as Exhibit C.
11. The Notice of Lease Violations detailed ten separate breaches of the Lease (the
"Violations") and provided Respondent ten days to cure those Violations. The Notice of Lease
Violations notified Respondent that failure to cure the Violations within ten days would result in
termination of the Lease. Respondent did not cure the violations within the ten days required, and
the violations have since not been cured and remain in violation.
12. On March 26, 2023, Petitioner, among others, filed suit (the "Supreme Court
Action") against Respondent and Christina Milivia, Respondent's principal (collectively with
Respondent, "Supreme Court Defendants"), for defamation and intentional infliction of emotional
distress. See Collishaw v. A Nu U Injectables, LLC, Index No. 031292/2023 (Sup. Ct. Rockland
Cnty.).
13. On or about April 28, 2023, Petitioner sent Respondent a Notice of Lease
Termination (the "Termination Notice"), electing to terminate Respondent's lease effective June 5,
2023 for Respondent's breach of the Lease. Petitioner served the Termination Notice on
Respondent by mailing true copies to Respondent via Overnight Delivery addressed to Respondent
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
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at the Premises and a secondary address of 48 Meriwether Train, Congers, NY 10920. A true and
correct copy of the Termination Notice is attached hereto as Exhibit D.
14. On May 1, 2023, Supreme Court Defendants sought a temporary restraining order
(the "Requested TRO"), and thereafter, preliminary injunction, for, among other things, staying
the Termination Notice. A true and correct copy of the Requested TRO is attached hereto as
Exhibit E.
15. On May 3, 2023, the Supreme Court entered a modified TRO (the "TRO") and
struck the portion of staying the Termination Notice. A true and correct copy of the TRO is
attached hereto as Exhibit F.
16. On May 15, 2023, the Supreme Court denied the TRO in its entirety. A true and
correct copy of the Supreme Court order is annexed hereto as Exhibit G.
17. By June 5, 2023, Respondent failed to vacate and surrender possession to the
Petitioner.
18. The Termination Notice remains in full force and effect from its effective date
through today, and will continue to remain in full force and effect as it has not been, nor will it be,
rescinded. Rather, it has been reiterated on multiple occasions thereafter and the ram of the
holdover is continuing.
19. Based on Respondent's failure to vacate, Petitioner commenced this action by filing
a Notice of Petition and Petition with the Clarkstown Justice Court on October 19, 2023 for a final
judgment awarding to the Petitioner the possession of the Premises, judgment of rent alrears, rent,
and/or use and occupancy for the Respondent's holding over and rent and/or use and occupancy
during the pendency of this proceeding, and that a warrant of eviction be issued to remove the
Respondent from possession of the premises.
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20. Respondent continues possession without the permission of anyone entitled to
possession of the Premises. The Petitioner is entitled to possession of the Premises pursuant to the
Laws of the State of New York.
21. Petitioner appeared before this court on November 9, 2023 for a first appearance
with the Honorable Leslie Kahn after this matter was transferred to her. Respondent A NU U
INJECTABLES, LLC, by its principal Christina Milivia, by and through her attorney Brian
Condon, appeared. A motion schedule was set out, and on November 22, 2023, one day after the
date the court set for time to answer, Respondent served Petitioner with an Answer with
Counterclaim. On November 29, 2023, Respondent served Petitioner with an Amended Answer
with Counterclaim. See Respondent's Answer, Exhibit H and Respondent's Amended Answer,
Exhibit L
22. No Respondent is an infant. Upon information and belief no Respondent is
incompetent.
23. Petitioner has made no prior application for the same or similar relief herein.
WHEREFORE, Petitioner requests an order from this Court:
a) Pursuant to CPLR 3212 directing the entry of summary judgment in
favor of Petitioner and against Respondent for the relief demanded in
the Petition on the ground that there is no defense to the claims
alleged in the petition;
b) Pursuant to CPLR 3211 striking Respondent's answer and dismissing
the counterclaim,
c) Granting judgment of possession, and issuance of a warrant of
eviction;
d) In the alternative and only if necessary, granting Petitioner at least 20
days to reply to any remaining counterclaims following service of
notice of entry of any resulting order; and
e) Such additional relief as to the Court may deem just and proper.
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024
Dated: December 12, 2023
South Nyack, New York
Jac eli K. amer, Esq.
Jacqueline K. Lamer, Esq., an attorney at law licensed to practice in the State of New York, and
the attorney for Petitioner in this action hereby certifies that, to the best of her knowledge,
information and belief, formed after an inquiry reasonable under the circumstances, the
presentation of this pleading, affidavit (or motion if applicable), and the contentions contained
herein are not frivolous as defined by 22 NYCRR 130-1.1(c).
Jacquel ne K. amer, Esq.
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024
"A"
EXHIBIT
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
NYSCEF DOC. NO. 126 Donna G. Silberman,County r 'k -RECEIVED NYSCEF: 04/21/2024
1 South Main St, Ste. 100
New City, NY 10956
(845) 638-5070
Rockland County Clerk Recording Cover Sheet
Received From : . . Return To :
NEW YORK ABSTRACT & AGENCY INC NEW YORK ABSTRACT & AGENCY INC
-
424 ROUTE 304 424 ROUTE 304
BARDONIA, NY 10954 BARDONIA, NY 10954
. Method Returned : FILE CABINET
First GRANTOR
285 ROUTE 303 L;C
First GRANTEE
171 NO PASCACK ROAD CORP
Index Type : Land Records
Instr Number : 2021-00000776
Book : Page :
Type of Instrument : Deed
Type of Transaction : Deed Other
'
Recording Fee: $341.00
The Property affected by this instrument is situated in Clarkstown, in the
Pages : 10 County of Rockland, New York
Recording
Real Estate Transfer Tax State of New York
County of Rockland
RETT # : 3512
I hereby certify that the within and foregoing was
Deed Amount : . $1,600,000.00
recorded in the Clerk's office for Rockland County,
RETT Amount : $6,400.00 . New York
Total Fees : $6,741.00 On (Recorded Date) : 01/08/2021
At (Recorded Time) : 9:37:00 AM
. .
..
IIRAIIIIIIII III
Doc ID - 052704880010 DonnaG. ilberman
County Clerk
This sheet constitutes the Clerks endorsement required by Section 319 of Real Property Law of the State of New York
. Entered By: NYROCKLANDUSER19 Printed On : 01/11/2021 At : 9:54:42AM
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024
-'Bargain andSaleDeed,with Covenantagainstorantor'sActs- Individualor CoqNration(single Sheet)
SIGNINGTHISINSTRUMENT-THIS
YOURLAWYERBEFORE
CONSULT INSTRUMENT
SHOULDBEUSEDBYLAWYERS
ONLY.
THIS INDENTURE, made the2 y of December, in the year 2020
BETWEEN 285 Route 303, LLC, ä New York limited liability company, as to a 50% tenant in common interest, and 119
Route 46, LLC, a New Jersey limited liability company, as to a 50% tenant in common interest, each with a mailing address
of 200 Washington Street, Hoboken, NJ 07030
party of the first part, and 171 No. Pascack Road Corp., a New York corporation, with a mailing address of 529 Route 303,
Orangeburg, New York 10962
party of|the second par
WITNESSETH, that the party of the first part, in consideration of
Four Million and 00/100 ($4,000,000.00) dollars
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors
and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being
in the Town of Clarkstown, County of Rockland and State of New York and being more particiularly bounded and described
as follows
BEGINNING at a point on the westerly right-of-way of N.Y.S..Highway #5002, Route 303, said
the end of the curve connecting the northerly side of Meola Road with the
point being northerly
of N.Y.S. Highway #5002, Route 303 and running thence;
westerly right-of-way
1. Southeasterly, and southwesterly on a curve to the right having a radius
southerly
of 25.00 the are length of 39.19 feet to the westerly end of the curve
feet,
the side of Meola Road with the westerly right-of-way of
connecting northerly
N.Y.S. Highway #5002, Route 303, thence;
82° 55' 40" side of Meola
Preview
FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 "O" EXHIBIT FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 STATE OF NEW YORK CLARKSTOWN JUSTICE COURT 171 NO. PASCACK ROAD Index No. L&T: 23100416 CORP., Petitioner NOTICE OF MOTION FOR y, SUMMARY JUDGMENT, STRIKING RESPONDENT'S A NU U ANSWER AND DISMISSING INJECTABLES, LLC, COUNTERLAIM, JUDGMENT Respondents. OF POSSESSION, AND A WARRANT OF EVICTION Premises: 285 North Route 303 Store No. 14 Congers, New York 10920 PLEASE TAKE NOTICE, that upon the Affidavit of Charles Collishaw dated December 12, 2023 and the exhibits attached thereto, the affirmation of Jacqueline K. Lamer, Esq., dated December 12, 2023 and the exhibits attached thereto, the Memorandum of Law dated December 12, 2023, and upon all the pleadings and proceedings heretofore had herein, and all the papers filed herein, petitioner 171 NO. PASCACK ROAD CORP., will move this Court before the Honorable Leslie Kahn, Town Justice at Clarkstown Justice Court, at the Courthouse thereof, located at 20 Maple Avenue, New City, New York 10956, on February 1, 2024, at 9:30 AM, or as soon thereafter as counsel can be heard, for an Order pursuant to CPLR 3212 for summary judgment, pursuant to CPLR 3211 striking Respondent's answer and dismissing counterclaims, for a judgment of possession, and issuance of a warrant of eviction, and in the alternative and only if necessary, granting Petitioner at least 20 days to reply to any remaining counterclaim following service of notice of entry of any resulting order, together with such other and further relief as may seem just and proper to the Court. PLEASE TAKE FURTHER NOTICE that answering papers, if any, are required to be FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 served upon the undersigned by January 4, 2024, pursuant to court directive. Dated: December 12, 2023 FEERICK NUGENT MACCARTNEY PLLC By: Jacqueline K. Lamer onald J. Feerick, Jr. Matthew W. Lizotte Attorneys for Petitioner 96 South Broadway South Nyack, New York 10960 Telephone: (845) 353-2000 jlamer@fnmlawfirm.com To: CondonPaxos PLLC Brian Condon, Esq. Attorney for Respondent 55 Old Turnpike Road, Suite 502 Nanuet, NY 10954 (845) 627-8500 Brian@condonpaxos.com FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 Index No. 2310041 Year STATE OF NEW YORK CLARKSTOWN JUSTICE COURT 171 NO. PASCACK ROAD CORP., Petitioner, -against- A NU U INJECTABLES, LLC, Respondents. MOTION FOR SUMMARY JUDGMENT FEERICK NUGENT MACCARTNEY PLLC ATTORNEYS AT LAW Attorneys for PETITIONER Office and Post Office Address, Telephone 96 SOUTH BROADWAY SOUTH NYACK, NEW YORK 10960 845-353-2000 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice n the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not fi·ivolous. Dated: December 12, 2023 Signature: __ .. Print Signer's Name: Jacqueline K. Lamer ....._... Service of a copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE ¡ that the within is a (certiped) true copy of a NOTICEOF entered in the o ffice of the clerk of the within named Court on 20 ENTRY ¡ that an Order of which the within is a true copy will be presented for settlement to the NOTICEOF Hon. one of the judges of the within named Court, SETTLEMENT on , 20 , at .M. Dated: .______________________ Attorney(s) for To: Attorney(s) for FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 STATE OF NEW YORK CLARKSTOWN JUSTICE COURT 171 NO. PASCACK ROAD Index No. 23100416 CORP., Petitioner, AFFIRMATION IN SUPPORT OF v. MOTION FOR SUMMARY JUDGMENT, STRIKING A NU U INJECTABLES, RESPONDENT'S ANSWER AND LLC, Respondents. DISMISSING COUNTERLAIMS, JUDGMENT OF POSSESSION, Premises: AND A WARRANT OF 285 North Route 303 EVICTION Store No. 14 Congers, New York 10920 Jacqueline K. Lamer, pursuant to CPLR 2106 and under the penalties of perjury, affirms as follows: 1. I am an associate with the firm Feerick Nugent MacCartney PLLC the attorneys of record for the Petitioner. I am fully familiar with the facts, court papers and proceedings of this action based upon a review of the file maintained by my office. 2. I submit this affirmation in support of Petitioner's application for an Order: " Pursuant to CPLR 3212 the of judgment directing entry summary in favor of Petitioner and against Respondent for the relief demanded in the Petition on the ground that there is no defense to the claims alleged in the petition; " Pursuant to CPLR 3211 Respondent's answer and striking dismissing the counterclaim, " judgment of possession, and issuance of a warrant of Granting eviction; " In the alternative and if necessary, Petitioner at least only granting 20 days to reply to any remaining counterclaims following service of notice of entry of any resulting order; and " Such additional relief as to the Court deem just and proper. may FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 3. True and accurate copies of the following supporting documents are attached hereto: Document Tab Deed Exhibit A Lease Exhibit B Notice of Lease Violations Exhibit C Termination Notice Exhibit D Requested TRO Exhibit E Modiñed TRO Exhibit F Denied TRO Exhibit G Respondent's Answer Exhibit H Respondent's Amended Answer Exhibit I 4. It is respectfully submitted that Petitioner should be granted summary judgment because Petitioner has established, prima facie, entitlement to the relief requested in its petition by establishing that Respondent violated the lease, Petitioner terminated the lease, and Respondent remains in the premises without the permission of the owner of the premises. Further, Petitioner's evidence eliminates any material issue of fact from this case. FACTUAL BACKGROUND AND PROCEDURAL HISTORY 5. This action was brought by the owner to recover possession after termination of lease of the premises commonly known as 285 North Route 303, Store No. 14, Congers, New York 10920 ("Premises"). 6. Petitioner acquired title to 285 North Route 303, Congers, New York 10920, including the Premises, by Deed (the "Deed") dated December 21, 2020. A true and correct copy of the Deed is annexed hereto as Exhibit A. 7. Upon information and belief, the Premises are a single store in a commercial building. FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 8. Upon information and belief, Respondent A NU U INJECTABLES, LLC ("Respondent") is the occupant of the Premises. 9. On February 14, 2022, Petitioner and Respondent entered into a Commercial Lease Agreement (the "Lease"), whereupon Petitioner leased the Premises to Respondent. A true and correct copy of the Lease is attached hereto as Exhibit B. 10. On or about February 27, 2023, Petitioner served on Respondent a Notice of Lease Violations. A true and correct copy of the Notice of Lease Violations with a notation of delivery is attached hereto as Exhibit C. 11. The Notice of Lease Violations detailed ten separate breaches of the Lease (the "Violations") and provided Respondent ten days to cure those Violations. The Notice of Lease Violations notified Respondent that failure to cure the Violations within ten days would result in termination of the Lease. Respondent did not cure the violations within the ten days required, and the violations have since not been cured and remain in violation. 12. On March 26, 2023, Petitioner, among others, filed suit (the "Supreme Court Action") against Respondent and Christina Milivia, Respondent's principal (collectively with Respondent, "Supreme Court Defendants"), for defamation and intentional infliction of emotional distress. See Collishaw v. A Nu U Injectables, LLC, Index No. 031292/2023 (Sup. Ct. Rockland Cnty.). 13. On or about April 28, 2023, Petitioner sent Respondent a Notice of Lease Termination (the "Termination Notice"), electing to terminate Respondent's lease effective June 5, 2023 for Respondent's breach of the Lease. Petitioner served the Termination Notice on Respondent by mailing true copies to Respondent via Overnight Delivery addressed to Respondent FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 at the Premises and a secondary address of 48 Meriwether Train, Congers, NY 10920. A true and correct copy of the Termination Notice is attached hereto as Exhibit D. 14. On May 1, 2023, Supreme Court Defendants sought a temporary restraining order (the "Requested TRO"), and thereafter, preliminary injunction, for, among other things, staying the Termination Notice. A true and correct copy of the Requested TRO is attached hereto as Exhibit E. 15. On May 3, 2023, the Supreme Court entered a modified TRO (the "TRO") and struck the portion of staying the Termination Notice. A true and correct copy of the TRO is attached hereto as Exhibit F. 16. On May 15, 2023, the Supreme Court denied the TRO in its entirety. A true and correct copy of the Supreme Court order is annexed hereto as Exhibit G. 17. By June 5, 2023, Respondent failed to vacate and surrender possession to the Petitioner. 18. The Termination Notice remains in full force and effect from its effective date through today, and will continue to remain in full force and effect as it has not been, nor will it be, rescinded. Rather, it has been reiterated on multiple occasions thereafter and the ram of the holdover is continuing. 19. Based on Respondent's failure to vacate, Petitioner commenced this action by filing a Notice of Petition and Petition with the Clarkstown Justice Court on October 19, 2023 for a final judgment awarding to the Petitioner the possession of the Premises, judgment of rent alrears, rent, and/or use and occupancy for the Respondent's holding over and rent and/or use and occupancy during the pendency of this proceeding, and that a warrant of eviction be issued to remove the Respondent from possession of the premises. FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 20. Respondent continues possession without the permission of anyone entitled to possession of the Premises. The Petitioner is entitled to possession of the Premises pursuant to the Laws of the State of New York. 21. Petitioner appeared before this court on November 9, 2023 for a first appearance with the Honorable Leslie Kahn after this matter was transferred to her. Respondent A NU U INJECTABLES, LLC, by its principal Christina Milivia, by and through her attorney Brian Condon, appeared. A motion schedule was set out, and on November 22, 2023, one day after the date the court set for time to answer, Respondent served Petitioner with an Answer with Counterclaim. On November 29, 2023, Respondent served Petitioner with an Amended Answer with Counterclaim. See Respondent's Answer, Exhibit H and Respondent's Amended Answer, Exhibit L 22. No Respondent is an infant. Upon information and belief no Respondent is incompetent. 23. Petitioner has made no prior application for the same or similar relief herein. WHEREFORE, Petitioner requests an order from this Court: a) Pursuant to CPLR 3212 directing the entry of summary judgment in favor of Petitioner and against Respondent for the relief demanded in the Petition on the ground that there is no defense to the claims alleged in the petition; b) Pursuant to CPLR 3211 striking Respondent's answer and dismissing the counterclaim, c) Granting judgment of possession, and issuance of a warrant of eviction; d) In the alternative and only if necessary, granting Petitioner at least 20 days to reply to any remaining counterclaims following service of notice of entry of any resulting order; and e) Such additional relief as to the Court may deem just and proper. FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 Dated: December 12, 2023 South Nyack, New York Jac eli K. amer, Esq. Jacqueline K. Lamer, Esq., an attorney at law licensed to practice in the State of New York, and the attorney for Petitioner in this action hereby certifies that, to the best of her knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this pleading, affidavit (or motion if applicable), and the contentions contained herein are not frivolous as defined by 22 NYCRR 130-1.1(c). Jacquel ne K. amer, Esq. FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 "A" EXHIBIT FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 Donna G. Silberman,County r 'k -RECEIVED NYSCEF: 04/21/2024 1 South Main St, Ste. 100 New City, NY 10956 (845) 638-5070 Rockland County Clerk Recording Cover Sheet Received From : . . Return To : NEW YORK ABSTRACT & AGENCY INC NEW YORK ABSTRACT & AGENCY INC - 424 ROUTE 304 424 ROUTE 304 BARDONIA, NY 10954 BARDONIA, NY 10954 . Method Returned : FILE CABINET First GRANTOR 285 ROUTE 303 L;C First GRANTEE 171 NO PASCACK ROAD CORP Index Type : Land Records Instr Number : 2021-00000776 Book : Page : Type of Instrument : Deed Type of Transaction : Deed Other ' Recording Fee: $341.00 The Property affected by this instrument is situated in Clarkstown, in the Pages : 10 County of Rockland, New York Recording Real Estate Transfer Tax State of New York County of Rockland RETT # : 3512 I hereby certify that the within and foregoing was Deed Amount : . $1,600,000.00 recorded in the Clerk's office for Rockland County, RETT Amount : $6,400.00 . New York Total Fees : $6,741.00 On (Recorded Date) : 01/08/2021 At (Recorded Time) : 9:37:00 AM . . .. IIRAIIIIIIII III Doc ID - 052704880010 DonnaG. ilberman County Clerk This sheet constitutes the Clerks endorsement required by Section 319 of Real Property Law of the State of New York . Entered By: NYROCKLANDUSER19 Printed On : 01/11/2021 At : 9:54:42AM FILED: ROCKLAND COUNTY CLERK 04/21/2024 12:31 PM INDEX NO. 031292/2023 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/21/2024 -'Bargain andSaleDeed,with Covenantagainstorantor'sActs- Individualor CoqNration(single Sheet) SIGNINGTHISINSTRUMENT-THIS YOURLAWYERBEFORE CONSULT INSTRUMENT SHOULDBEUSEDBYLAWYERS ONLY. THIS INDENTURE, made the2 y of December, in the year 2020 BETWEEN 285 Route 303, LLC, ä New York limited liability company, as to a 50% tenant in common interest, and 119 Route 46, LLC, a New Jersey limited liability company, as to a 50% tenant in common interest, each with a mailing address of 200 Washington Street, Hoboken, NJ 07030 party of the first part, and 171 No. Pascack Road Corp., a New York corporation, with a mailing address of 529 Route 303, Orangeburg, New York 10962 party of|the second par WITNESSETH, that the party of the first part, in consideration of Four Million and 00/100 ($4,000,000.00) dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Clarkstown, County of Rockland and State of New York and being more particiularly bounded and described as follows BEGINNING at a point on the westerly right-of-way of N.Y.S..Highway #5002, Route 303, said the end of the curve connecting the northerly side of Meola Road with the point being northerly of N.Y.S. Highway #5002, Route 303 and running thence; westerly right-of-way 1. Southeasterly, and southwesterly on a curve to the right having a radius southerly of 25.00 the are length of 39.19 feet to the westerly end of the curve feet, the side of Meola Road with the westerly right-of-way of connecting northerly N.Y.S. Highway #5002, Route 303, thence; 82° 55' 40" side of Meola