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INDEX NO. 151313/2014
(FILED: NEW YORK COUNTY CLERK 0671972014)
NYSCEF DOC. NO. 60 RECEIVED NYSCEF 06/19/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
panne nnn nn nnn nen nen nn nn nenennn=X
HELEN SILLER, E-Filed
Individually and derivatively as a shareholder Motion Sequence No. 002
of, and on behalf of, The Third Brevoort
Corporation, Index No. 151313/2014
Plaintiff, AFFIRMATION OF
BARRY G. MARGOLIS
- against - IN OPPOSITION TO
PLAINTIFF’S MOTION
THE THIRD BREVOORT FOR PARTIAL
CORPORATION, Diane C. Nardone, Cliff SUMMARY JUDGMENT
Russo, Elizabeth Louie, Andrew Baum,
George Aloi, Christine Beck, Bonnie Hiller,
Mortimor C. Lazarus, Jane Warren, John C.
Woell, and Barbara Eisenberg,
Defendants.
we eew ew nenen ew nen en nen ne neem een en nnn en nee n nn nn ene en ene en en nn nen eeeen KX,
BARRY G. MARGOLIS, an attorney duly admitted to practice law before
the courts of the State of New York and not a party to this action, affirms the following to
be true under the penalties of perjury pursuant to CPLR 2106:
1 I am a partner of the law firm of Abrams Garfinkel Margolis
Bergson, LLP, counsel for defendants The Third Brevoort Corporation (the “Co-op”),
Diane C. Nardone, Cliff Russo, Elizabeth Louie, Andrew Baum, George Aloi, Christine
Beck, Bonnie Hiller, Mortimor C. Lazarus, Jane Warren, John C. Woell and Barbara
Eisenberg (collectively and together with the Co-op, the “Defendants”).
2. I am fully familiar with the facts set forth herein which are based
upon personal knowledge, the pleadings and proceedings in this action, and information
supplied by our clients.
3 I respectfully submit this affirmation in opposition to plaintiff
Helen Siller’s (“Plaintiff”) Motion for Partial Summary Judgment on the First Cause of
Action in the Original Complaint filed on February 13, 2014 and to place before the
Court documentary evidence in opposition to Plaintiff's motion. The Original Complaint
(NYSCEF Doc. No. 1), has been superseded by a First Amended Verified Complaint
(“Amended Complaint”) filed March 28, 2014 (NYSCEF Doc. No. 33).
4. Attached hereto as Exhibit A is a copy of two email strings
reflecting Plaintiff's initial agreement to extend Defendants’ time to respond to the
Amended Complaint to May 14, 2014, and subsequent agreement to further extend
Defendants’ time to respond to May 15, 2014.
5 Attached hereto as Exhibit B is a letter from Defendants to Plaintiff
dated May 21, 2014, requesting that Plaintiff withdraw her Motion for Partial Summary
Judgment.
6. Attached hereto as Exhibit C is a copy of excerpts from the Co-op’s
offering plan, dated September 10, 1968.
7 Attached hereto as Exhibit D is a copy of the Co-op’s by-laws.
8 Attached hereto as Exhibit E is a copy of the Co-op’s amended
house rules, dated June 17, 1985.
9 Attached hereto as Exhibit F is a copy of an alteration agreement,
dated June 25, 1990, made between the Co-op and Plaintiff.
10. Attached hereto as Exhibit G is a copy of excerpts from the
proprietary leases, dated April 18, 2001, made between the Co-op and Plaintiff in
connection with apartments 12R and 12T.
11. Attached hereto as Exhibit H is a copy of the previously filed
Affirmation of Diane C. Nardone, dated February 17, 2014.
Dated: New York, New York
>
June 18, 2014
Barry G. Margolis
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INDEX NO. 151313/2014 (FILED: NEW YORK COUNTY CLERK 0671972014) NYSCEF DOC. NO. 60 RECEIVED NYSCEF 06/19/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK panne nnn nn nnn nen nen nn nn nenennn=X HELEN SILLER, E-Filed Individually and derivatively as a shareholder Motion Sequence No. 002 of, and on behalf of, The Third Brevoort Corporation, Index No. 151313/2014 Plaintiff, AFFIRMATION OF BARRY G. MARGOLIS - against - IN OPPOSITION TO PLAINTIFF’S MOTION THE THIRD BREVOORT FOR PARTIAL CORPORATION, Diane C. Nardone, Cliff SUMMARY JUDGMENT Russo, Elizabeth Louie, Andrew Baum, George Aloi, Christine Beck, Bonnie Hiller, Mortimor C. Lazarus, Jane Warren, John C. Woell, and Barbara Eisenberg, Defendants. we eew ew nenen ew nen en nen ne neem een en nnn en nee n nn nn ene en ene en en nn nen eeeen KX, BARRY G. MARGOLIS, an attorney duly admitted to practice law before the courts of the State of New York and not a party to this action, affirms the following to be true under the penalties of perjury pursuant to CPLR 2106: 1 I am a partner of the law firm of Abrams Garfinkel Margolis Bergson, LLP, counsel for defendants The Third Brevoort Corporation (the “Co-op”), Diane C. Nardone, Cliff Russo, Elizabeth Louie, Andrew Baum, George Aloi, Christine Beck, Bonnie Hiller, Mortimor C. Lazarus, Jane Warren, John C. Woell and Barbara Eisenberg (collectively and together with the Co-op, the “Defendants”). 2. I am fully familiar with the facts set forth herein which are based upon personal knowledge, the pleadings and proceedings in this action, and information supplied by our clients. 3 I respectfully submit this affirmation in opposition to plaintiff Helen Siller’s (“Plaintiff”) Motion for Partial Summary Judgment on the First Cause of Action in the Original Complaint filed on February 13, 2014 and to place before the Court documentary evidence in opposition to Plaintiff's motion. The Original Complaint (NYSCEF Doc. No. 1), has been superseded by a First Amended Verified Complaint (“Amended Complaint”) filed March 28, 2014 (NYSCEF Doc. No. 33). 4. Attached hereto as Exhibit A is a copy of two email strings reflecting Plaintiff's initial agreement to extend Defendants’ time to respond to the Amended Complaint to May 14, 2014, and subsequent agreement to further extend Defendants’ time to respond to May 15, 2014. 5 Attached hereto as Exhibit B is a letter from Defendants to Plaintiff dated May 21, 2014, requesting that Plaintiff withdraw her Motion for Partial Summary Judgment. 6. Attached hereto as Exhibit C is a copy of excerpts from the Co-op’s offering plan, dated September 10, 1968. 7 Attached hereto as Exhibit D is a copy of the Co-op’s by-laws. 8 Attached hereto as Exhibit E is a copy of the Co-op’s amended house rules, dated June 17, 1985. 9 Attached hereto as Exhibit F is a copy of an alteration agreement, dated June 25, 1990, made between the Co-op and Plaintiff. 10. Attached hereto as Exhibit G is a copy of excerpts from the proprietary leases, dated April 18, 2001, made between the Co-op and Plaintiff in connection with apartments 12R and 12T. 11. Attached hereto as Exhibit H is a copy of the previously filed Affirmation of Diane C. Nardone, dated February 17, 2014. Dated: New York, New York > June 18, 2014 Barry G. Margolis