Preview
FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
CLEOTILDE ZEPEDA,
Plaintiff, Index No. 513952/16
- against -
RESPONSE TO
BROOKLYN KINGS PLAZA LLC, C&W FACILITY MARCH 6, 2018 NOTICE
SERVICES INC., DTZ, INC.,MACERICH PROPERTY TO PRODUCE
MANAGEMENT COMPANY, LLC AND SPRINT .
Defendants.
PLEASE TAKE NOTICE that Defendants BROOKLYN KINGS PLAZA LLC,
e&W FACILITY SERVICES INC., DTZ, INC. and MACERICH PROPERTY
MANAGEMENT COMPANY, LLC hereby respond to the Notice to Produce served by
SPRINT SPECTRUM REALTY COMPANY, L.P. d/b/a SPRINT P.C.S. i/p/h/a SPRINT,
dated March 6, 2018, as follows:
1. Defendants object to this demand as overbroad, vague and not likely to lead to
relevant information.
2. Defendants object to this demand on the grounds that it is overbroad, vague,
not likely to lead to relevant information and on the grounds that the
information requested is a matter of public record. Without waiving those
objections, or any other objections Defendants may have to this demand,
"A"
Defendants respond that attached hereto as Exhibit are copies of public
records related to the ownership of the subject premises.
3. Defendants object to this demand on the grounds that it is overbroad, vague,
and not likely to lead to relevant information. Without waiving those
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objections, or any other objections Defendants may have to this demand,
"B"
Defendants respond that attached hereto as Exhibit is a copy of the
Janitorial Services Agreement for the subject premises.
4. A copy of a schematic with the layout of the first floor is attached hereto as
"C."
Exhibit
5.-6. Defendants object to this demand on the grounds that it is overbroad,
vague, and not likely to lead to relevant information. Without waiving those
objections, or any other objections Defendants may have to this demand,
"B"
Defendants respond that attached hereto as Exhibit is a copy of the
Janitorial Services Agreement for the subject premises.
"D"
7. Attached hereto as Exhibit is a copy of the Sign In/Sign Out Sheet for the
date in question.
"E"
8. Attached hereto as Exhibit is the Incident Report for the subject claimed
incident.
9. Defendants object to this demand on the grounds that it is overbroad, vague,
and not likely to lead to relevant information. Without waiving those
objections, or any other objections Defendants may have to this demand,
"E"
Defendants1espond that attached hereto as part of Exhibit are photographs
taken as part of the Incident Report.
Other than correspondence related to the litigation itself, Defendants are not
in possession of any correspondence between the Defendants related to the
subject claimed accident.
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11. The Responding Defendants are not in possession of any correspondence
between the Responding Defendants and any tenants on the first floor related
to the subject claimed incident.
12. Defendants object to this demand on the grounds that it is overbroad and
vague. Without waiving those objections, or any other objections Defendants
may have to this demand, Defendants respond that the Incident Report is
"E."
attached hereto as Exhibit The Responding Defendants are not in
possession of any other responsive documents.
13. If the Responding Defendants have served any discovery responses, they have
served same on all counsel for all parties to the action.
"F"
14. Attached hereto as Exhibit is the fronting policy under which the
Responding Defendants have coverage.
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PLEASE TAKE FURTHER NOTICE, that Defendants reserve their right to
supplement and/or amend this response at any time, pursuant to the CPLR, including up
to and at the time of trial.
Dated: White Plains, New York
July 9, 2018
Yours, etc.,
SENBAUM & TA .C.
By: Dara L. enbaum, Esq.
Attorneys f Defendants
BROOKLYN KINGS PLAZA LLC, C&W FACILITY
SERVICES INC., DTZ, INC. and MACERICH
PROPERTY MANAGEMENT COMPANY, LLC
7-11 South - Suite 401
Broadway
White Plains, New York 10601
914-358-4422
To:
LAW OFFICES OF WILLIAM
PAGER
Attorneys for Plaintiff
CLEOTILDE ZEPEDA
203-205 Kings Highway
Brooklyn, New York 11223
Tel No. 718-998-1010
Haworth Rossman &
Gerstman LLC
Attorneys for SPRINT
SPECTRUM REALTY
COMPANY, L.P. d/b/a
SPRINT P.C.S. i/p/h/a
SPRINT,
21st Floor
45 Broadway,
New York, New York 10006
212-952-1100
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NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
This page is part
ofthe instrument.
The City
Registerwillrelyon the informationprovided
by you on thispage forpurposes ofindexing
thisinstrument.The inforrnation
on this page
willcontrolforindexing purposesin the event
of with
any conflict the rest of
the document.
2012120300520002003EFDBC
RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 11
Document ID: 2012120300520002 Document Date: 11-28-2012 Preparation Date: 12-06-2012
Document Type: DEED
Document Page Count: 9
PRESENTER: RETURN TO:
TO BE PICKED UP BY COMMONWEAI TH TO BE PICKED UP BY COMMONWEALTH
COMMONWEALTH LAND TITLE INSURANCE CO. MANATT, PHELPS & PHILLIPS, Ll,P
I::,AS'I'
140 EAST 45TH STREET, 22ND FLOOR 7 TIMES SQUARE
NEW YORK, NY 10017 NEW YORK, NY 10036
212-949-0100 Aun: Kimberly Moore
gregoryshaw@citic.com/NY l20712 K
PROPERTY DATA
Borough Block Lot Unit Address
BROOKLYN 8470 55 EntireLot 5120 AVENUE U
Property Type: COMMERCIAL REAL ESTATE
Borough Block Lot Unit Address
BROOKLYN 8470 114 EntireLot 5502 AVENUE U
Property Type: COMMERCIAL REAL ESTATE
CROSS REFERENCE DATA
CRFN or Document ID or Year Reel Page or FileNumber
PARTIES
GRANTOR/SELLER: GRANTEE/BUYER:
ALEXANDER'S KINGS PLAZA LLC BROOKLYN KINGS PLAZA LLC
210 ROUTE 4 EAST C/O MANATT, PHELPS & PHILLIPS, ILP, 7 TIMES
PARAMUS, NJ 07652 SQUARE
NEW YORK, NY 10036
x Additional Parties Listed on Continuation Page
FEES AND TAXES
Mortgage Fee:
! Filing
Mortgage Amount: 0.00 250.00
Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax:
Exen ption: 5 3,634,929.38
TAXES: County_(Basic). J 0.00 NYS Real Estate Transfer Tax:
City(Additional): $ 0.00 1 $ 2,929,214.00
0.00 ~ RECORDED OR FILED IN THE OFFICE
Spec(Additional) ___
TASF:
0.00'
0.00 ,„".""' OF THE CITY REGISTER OF THE
$
MI'A: ... 0130 CITY OF NEW YORK
N CTA $ 0.00 tt/t/7: ~.'.!III, Recorded/Filed 12-07-201217:00
Additional MRT: 0.00 t/l':.:tdi.I RegisterUile No.(CRUN):
.7/'!el'Ni:
$ t 07; e City
TOTAL: $ 0.00 2012000481752
it"
Recording Fee: $ 85.00
'
()
Affidavit Fee: 0.II/I "'~7007
/
City l(e/ ister ul
() f/iei nature
.'iiL e
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NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
2012120300520002003CFF3C
RECORDING AND ENDORSEMENT COVER PAG E (CONTINU ATION) PAGE 2 OF 11
Document ID: 2012120300520002 Document Date: 11-28-2012 Preparation Date: 12-06-2012
Document Type: DEED
PARTIES
GRANTOR/SELLER:
KINGS PARKING LLC
210 ROtJTE 4 EAST
PARAMUS, NJ 07652
I
1
I
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BARGAIN AND SALE DEED
with covenants against grantor's acts
Dated as of November', , 2012
By
ALEXANDER'S KINGS PLAZA, LLC,
KINGS PARKING, LLC,
each a Delaware limited liabilitycompany,
as Grantor
to
BROOKLYN KINGS PLAZA LLC,
a Delaware limited liabilitycompany,
as Grantee
Premises:
Kings Plaza Shopping Center
Brooklyn, New York 11212
Section:
Block: 8470 Lots: 55, 114
County: Kings
RECORD AND RETUlW BY MAIL TO:
Kimberly Moore
Manatt, Phelps & Phillips,LLP
7 Times Square
New York, New York 10036
SCI:33320022
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THIS INDENTURE, made the Ô day of November in the year 2012 between
ALEXANDER'S KINGS PLA7A, LLC and KINGS PARKING, LLC, each a Delaware
limited liability company, c/o Vornado Realty Trust, 888 Seventh Avenue, New York, NY
10019 party of the firstpart,
and
BROOKLYN KINGS PLAZA LLC, a Delaware limited liabilitycompany, c/o Manatt, Phelps
& Phillips, LLP, 7 Times Square, New York, New York 10036, Attention: Kimberly Moore
party of the second part,
WITNESSETH, thatthe party of the firstpart, inconsideration of ten ($10.00) 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
See Exhibit A attached hereto and made a part hereof.
TOGETHER with all right, title and interest,if any, of the party of the firstpart in and to
any streets and roads abutting the above described premises to the center lines thereof;
TOGETHER with the appurtenances and allthe estate and rights of the party of the firstpart in
and tosaid premises; 10 HAVE AND TO HOLD the premises herein granted unto the party of
the second part, the heirs or successors and assigns of the party of the second partforever.
AND the party of the firstpart covenants thatthe party of the firstpart has not done or suffered
anything whereby the said premises have been encumbered in any way whatever, except as
aforesaid or as otherwise provided in that certain Contribution Agreement and Joint Escrow
Instructions, dated as of October 21, 2012, by and between Grantor and Grantee.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants
that the party of the firstpart will receive the consideration for this conveyance and will hold
the right to receive such consideration as a trust fund to be applied firstfor the purpose of
paying the cost of the improvement and will apply the same first to the payment of the cost
of the improvement before using any part of the total of the same for any other purpose.
"party" "parties"
The word shall be construed as ifit read whenever the sense of this indenture
so requires.
SCI:3332002.2
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IN WITNESS WHEREOF, the party of the firstpart has duly executed this deed the day and
year first above written.
IN PRESENCE OF:
KINGS PARKING, LLC, a Delaware limited
liabilitycompany
By:
Nan : fu /2/(
Title:
7ffffgp
i 6 gC-D
'i~~dfi'i >I(„mug j'.Ii
ALEXANDER'S KINGS PLAZA, LLC, a
Delaware limited liability company
/
By:
SIC'6'
Nai Pii~
Ti e: 47M~,~~
>~I~/un' ZC/>
SCi:3332402.4
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UNIFORM FORM OF ACKNOWLEDGMENT
State of New U, k ) ss.
i'tre~>' erst'
County of w%ck )
On the 27*day of November in the year 2012 before me, the undersigned, a-netmTptrbHe
.in-and-for--saidatate, personally appeared A-/m £fit personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
inStrument.
.
t:,th
O:,'-'-;;.;;"„,
Notary P
J S C. OLIGINO . .
Nota lic, State
of New York .. .
o.. 01OL6245612
In New York County
Qualified
Certificate
Filed in New York County
Commission ExpirceJuly 25, 2016
I 'I
UNIFORM FORM OF ACKNOWLEDGMENT
State of Neo. ¼A ) ss.
County of yUew L )
On theT7
proved to me
day
on
of
in-emH'er-said-state,
November
the
personally
basis of
in the year
appeared
satisfactory
2012
Â[c..,
evidence
f;*
before
/2.,c...<
to be the
me, the undersigned,a-notary-ptaic
personally
individual(s) whose
known
name(s)
to me
is
or
(are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
I
Notary lie i(')0IH
JA S C. OL!GINO
of New York rt 0 .
N tary lic, State u
No. 010L6245612 iL
.
in New York County
Qualified
rr n ;
Filed in New York County
Certificate
Commission Expiree.ruly 25, 2015
July
' ..'
':,'„...".. V
I uu
SCI:3332002.2
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~ TitleNo. NY120712
(Xg( b /T A
AS TO PARCEL I art of Lot 55):
All that certainplot,piece orparcel of land situate,lying and being in theBorough of Brooklyn, County of Kings, City
and Stateof New York, bounded and described as follows:
BEGINNING at the corner formed by the intersectionof the southeasterly side of Avenue U (80 feetwide) with the
northeasterly side of Flatbush Avenue (200 feet wide);
RUNNING THENCE northeasterly along the southeasterly side of Avenue U, 930 feet;
THENCE southeasterly at 90 degrees to said Avenue U, 859.02 feet tothe Conditional United States Pierhead &
Bulkhead Line;
THENCE southerly along the Conditional United States Pierhead & Bulkhead Line and fomaing an interior angle of 125
degrees 54 minutes 14.6 seconds with the last mentioned course 827.16 feet;
THENCE northwesterly forming an interiorangle of 54 degrees 5 minutes 45.44 seconds with the last mentioned course,
644.08 feet toa point on a line drawn parallel with Avenue U (80 feetwide) and 700 feet southeasterly therefrom;
THENCE southwesterly parallel with said Avenue U and at 90 degrees to the lastmentioned course 171.76 feet toa point
on the prolongation of the centerline of former Hinsdale Avenue;
ol'
THENCE northwesterly along said prolongation of the center line of former Hinsdale Avenue and fonning an interior
angle of 92 degrees 14 minutes 48 seconds with the lastmentioned course, 425.33 feet toa point on a linedrawn parallel
with Avenue U (80 feetwide) and 275 feetsouthwesterly therefrom;
THENCE southwesterly parallelwith said Avenue U and forming an exterior of 92 degrees 14 minutes 48 seconds with
the lastmentioned course 71.59 feet:tonortheasterly side of Flatbush Avenue (100 feet wide);
THENCE northwesterly along the said northeasterly side of Flatbush Avenue 275 feet tothe point or place of
BEGINNING.
EXCEPTING AND EXCLUDING THEREFROM the following described premises:
All that certainplot, piece or parcel of land situate, lying and being in the Borough of Brooklyn, County of Kings, City
and Stateof New York, bounded and described as follows:
BEGINNING at an interiorpoint on a line drawn at rightangles to Avenue U through a point thereon distant 713 feet2
inches northeasterly from the corner formed by the intersection of the southeasterly side of Avenue U (80 feetwide) with
the northeasterly side of Flatbush Avenue (100 feetwide), said point being 25 feetsoutheasterly from the southeasterly
side of Avenue U (80 feetwide) measured along said line;
RUNNING THENCE northeasterly parallel with Avenue U, 239 feet;
THENCE southeasterly 90 degrees to the lastmentioned course, 377 feet 10 inches;
THENCE southwesterly at 90 degrees to the lastmentioned course, 239 feet;
Bate Printed: Novernbcr 12, 2012
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)
:) TitleNo. NY120712
6i-—Continued
f X V /
THENCE northwesterly at 90 degrees to the lastmentioned course, 170 feet 6 inches;
THENCE southwesterly at 90 degrees to the lastmentioned course, 28 feet 3 inches;
THENCE northwesterly at 90 degrees to the lastmentioned course, 66 feet;
THENCE northeasterly at 90 degrees to the lastmentioned course, 28 feet 3 inches;
THENCE northwesterly at 90 degrees to the lastmentioned course, 141 feet 4 inches to the point or place of
BEGINNING.
NOTE: Flatbush Avenue having been widen to 200 feet.
Oate Printed November i 2, 2012
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I
.'·'),.Title
No. NY120712
(â / A - Continued
(l()({
PARCEL IIA: (Alexander's Leased Land - Parcel E Survey):
Overhang
All that certain plot, piece or parcel of land situate,lying and being in the Borough of Brooklyn, County of Kings, City
and State of New York, bounded and described as follows:
BEGfNNING at an interiorpoint on a line drawn at rightangles to Avenue {Jthrough a point therefrom distant 420 feet2
inches northeasterly from the corner formed by the intersection ofthe southeasterly side of Avenue U (80 feet wide) with
the northeasterly side ofFlatbush Avenue (100 feetwide) said point being 484 feet4 inches southeasterly from the
southeasterly side of Avenue U (80 feet wide) measured along said line;
RUNNING THENCE southeasterly at 90 degrees to said Avenue U, 136 feetmore or less tothe southeasterly face of a
wall of Landlord's department store building;
THENCE southwesterly at approximately 90 degrees to the lastmentioned course and along the said southeasterly face of
said wall 21 feet 6 inches more or lessto the northeasterly face of another wall;
ol'
THENCE northwesterly at approximately 90 degrees to thelast mentioned course and along the said northeasterly face of
the said lastmentioned wall, 140 feet2 inches more orless to the southeasterly face of another wall;
THENCE northeasterly at approximately 90 degrees tothe lastmentioned course and along the saidsoutheasterly face of
the said lastmentioned wall,45 feetmore or less to thenortheasterly face of thesign band at the front ofthe southeasterly
building leased hereunder;
THENCE southeasterly at approximately 90 degrees to the lastmentioned course and along the said northeasterly face of
the said sign band 4 feet 2 inches more or less toa point distant484 feet 4 inches southeasterly from said Avenue U
measured along a linedrawn at rightangles thereto;
THENCE at 90 of'
southwesterly degrees to the lastmentioned line23 feet 6 inches more or less tothe point or place of
BEGINNING.
NOTE: Flatbush Avenue having been widened to 200 feet.
Date Printed:November 12, 2012
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.)Title No. NY120712
6/ A .- Continued
(y(
PARCEL HB: (Alexander's Overhang Leased Land-Parcel F Survey):
All that certainplot, piece or parcel of land situate,lying and being in the Borough of Brooklyn, County of Kings, City
and Stateof New York, bounded and described as follows:
BEGINNING at an interiorpoint on a line drawn at rightangles to Avenue U through a point thereon distant420 feet2
inches northeasterly from the corner formed by the intersection of the southeasterly side ofAvenue U (80 feet wide) with
the northeasterly side of Flatbush Avenue (100 feet wide) said point being atthe intersection of said line with the
of'
northwesterly face of a wall which is the extension northeasterly of thenorthwesterly wall of Landlord's department store
building and being approximately 251 feet 5-l/2 inches southeasterly from the southeasterly side of Avenue U (80 feet
wide) measured along said line;
RUNNING THENCE southwesterly atapproximately 90 degrees to said linealong the aid northwesterly face of saidwall
21 feet 6 inches more or less tothe northwesterly face of another wall;
THENCE southeasterly atapproximately 90 degrees to the lastmentioned course and along the said northeasterlyface of
said lastmentioned wall 171 feet½ inch more or less tothe northwesterly face of another wall;
THENCE northeasterly at approximately 90 degrees to the lastmentioned course and along the said northwesterly face of
said lastmentioned wall 45 feet more or less tothe northeasterly face of the sign band at the frontof the northwesterly
building leased hereunder;
THENCE northwesterly at approximately 90 degrees tothe last mentioned course and along the said northeasterly face of
said sign band 4 feet2 inches more or lessto a point distant 418 feet 4 inches southeasterly from the saidAvenue U
measured along a linedrawn at rightangles thereto;
THENCE southwesterly at 90 degrees to the lastmentioned line23 feet 6 inches more or less toa point distant418 feet4
inches southeasterly from said avenue U measured along the line drawn at right angles thereto from a point thereon
distant420 feet2 inches northeasterly from the said of Avenue U and Flatbush Avenue;
THENCE northwesterly at 90 degrees to said Avenue U, 166 feet 10-l/2 inches more or lessto the point or place of
BEGINNING.
of'
EXCEPTING from Parcels IIA and IlB so much thereof as liesabove the lower surface of the thirdfloor slab situated
over said premises, but
TOGETHER with the rights to affixto said slab and to the above mentioned walls, points of the buildings leased
hereunder and pipes, ducts, conduits and other installations therein.
Date Printed:November 12, 2012
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Title No. NY120712
+. .- Con tinued
(X }{ ( b/
AS TO (Lot 114):
All that certain plot,piece or parcel of land situate, lying and being in theBorough of Brooklyn, County of Kings, City
and Stateof New York, bounded and described as follows:
BEGINNING at a point on the southeasterly side of Avenue U as shown on the present City Map, 80 feetwide, distant
1,030 feet inter.
northeasterly from the intersectionof the southeasterly side of Avenue U with the former northeasterly side of
Flatbush Avenue,100 feetwide, saidpoint of beginning also being 960 feet northeasterly from thecorner formed by the
intersection of the southeasterly sideof Avenue U, 110 feet wide as on Present City Map, with the northeasterly side of
Flatbush Avenue 200 feet wide as on Present City Map, as measured along the southeasterly and northeasterly sides of
Avenue U as on said Present City Map;
Preview
FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS CLEOTILDE ZEPEDA, Plaintiff, Index No. 513952/16 - against - RESPONSE TO BROOKLYN KINGS PLAZA LLC, C&W FACILITY MARCH 6, 2018 NOTICE SERVICES INC., DTZ, INC.,MACERICH PROPERTY TO PRODUCE MANAGEMENT COMPANY, LLC AND SPRINT . Defendants. PLEASE TAKE NOTICE that Defendants BROOKLYN KINGS PLAZA LLC, e&W FACILITY SERVICES INC., DTZ, INC. and MACERICH PROPERTY MANAGEMENT COMPANY, LLC hereby respond to the Notice to Produce served by SPRINT SPECTRUM REALTY COMPANY, L.P. d/b/a SPRINT P.C.S. i/p/h/a SPRINT, dated March 6, 2018, as follows: 1. Defendants object to this demand as overbroad, vague and not likely to lead to relevant information. 2. Defendants object to this demand on the grounds that it is overbroad, vague, not likely to lead to relevant information and on the grounds that the information requested is a matter of public record. Without waiving those objections, or any other objections Defendants may have to this demand, "A" Defendants respond that attached hereto as Exhibit are copies of public records related to the ownership of the subject premises. 3. Defendants object to this demand on the grounds that it is overbroad, vague, and not likely to lead to relevant information. Without waiving those 1 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 objections, or any other objections Defendants may have to this demand, "B" Defendants respond that attached hereto as Exhibit is a copy of the Janitorial Services Agreement for the subject premises. 4. A copy of a schematic with the layout of the first floor is attached hereto as "C." Exhibit 5.-6. Defendants object to this demand on the grounds that it is overbroad, vague, and not likely to lead to relevant information. Without waiving those objections, or any other objections Defendants may have to this demand, "B" Defendants respond that attached hereto as Exhibit is a copy of the Janitorial Services Agreement for the subject premises. "D" 7. Attached hereto as Exhibit is a copy of the Sign In/Sign Out Sheet for the date in question. "E" 8. Attached hereto as Exhibit is the Incident Report for the subject claimed incident. 9. Defendants object to this demand on the grounds that it is overbroad, vague, and not likely to lead to relevant information. Without waiving those objections, or any other objections Defendants may have to this demand, "E" Defendants1espond that attached hereto as part of Exhibit are photographs taken as part of the Incident Report. Other than correspondence related to the litigation itself, Defendants are not in possession of any correspondence between the Defendants related to the subject claimed accident. 2 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 11. The Responding Defendants are not in possession of any correspondence between the Responding Defendants and any tenants on the first floor related to the subject claimed incident. 12. Defendants object to this demand on the grounds that it is overbroad and vague. Without waiving those objections, or any other objections Defendants may have to this demand, Defendants respond that the Incident Report is "E." attached hereto as Exhibit The Responding Defendants are not in possession of any other responsive documents. 13. If the Responding Defendants have served any discovery responses, they have served same on all counsel for all parties to the action. "F" 14. Attached hereto as Exhibit is the fronting policy under which the Responding Defendants have coverage. 3 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 PLEASE TAKE FURTHER NOTICE, that Defendants reserve their right to supplement and/or amend this response at any time, pursuant to the CPLR, including up to and at the time of trial. Dated: White Plains, New York July 9, 2018 Yours, etc., SENBAUM & TA .C. By: Dara L. enbaum, Esq. Attorneys f Defendants BROOKLYN KINGS PLAZA LLC, C&W FACILITY SERVICES INC., DTZ, INC. and MACERICH PROPERTY MANAGEMENT COMPANY, LLC 7-11 South - Suite 401 Broadway White Plains, New York 10601 914-358-4422 To: LAW OFFICES OF WILLIAM PAGER Attorneys for Plaintiff CLEOTILDE ZEPEDA 203-205 Kings Highway Brooklyn, New York 11223 Tel No. 718-998-1010 Haworth Rossman & Gerstman LLC Attorneys for SPRINT SPECTRUM REALTY COMPANY, L.P. d/b/a SPRINT P.C.S. i/p/h/a SPRINT, 21st Floor 45 Broadway, New York, New York 10006 212-952-1100 4 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 5 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part ofthe instrument. The City Registerwillrelyon the informationprovided by you on thispage forpurposes ofindexing thisinstrument.The inforrnation on this page willcontrolforindexing purposesin the event of with any conflict the rest of the document. 2012120300520002003EFDBC RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 11 Document ID: 2012120300520002 Document Date: 11-28-2012 Preparation Date: 12-06-2012 Document Type: DEED Document Page Count: 9 PRESENTER: RETURN TO: TO BE PICKED UP BY COMMONWEAI TH TO BE PICKED UP BY COMMONWEALTH COMMONWEALTH LAND TITLE INSURANCE CO. MANATT, PHELPS & PHILLIPS, Ll,P I::,AS'I' 140 EAST 45TH STREET, 22ND FLOOR 7 TIMES SQUARE NEW YORK, NY 10017 NEW YORK, NY 10036 212-949-0100 Aun: Kimberly Moore gregoryshaw@citic.com/NY l20712 K PROPERTY DATA Borough Block Lot Unit Address BROOKLYN 8470 55 EntireLot 5120 AVENUE U Property Type: COMMERCIAL REAL ESTATE Borough Block Lot Unit Address BROOKLYN 8470 114 EntireLot 5502 AVENUE U Property Type: COMMERCIAL REAL ESTATE CROSS REFERENCE DATA CRFN or Document ID or Year Reel Page or FileNumber PARTIES GRANTOR/SELLER: GRANTEE/BUYER: ALEXANDER'S KINGS PLAZA LLC BROOKLYN KINGS PLAZA LLC 210 ROUTE 4 EAST C/O MANATT, PHELPS & PHILLIPS, ILP, 7 TIMES PARAMUS, NJ 07652 SQUARE NEW YORK, NY 10036 x Additional Parties Listed on Continuation Page FEES AND TAXES Mortgage Fee: ! Filing Mortgage Amount: 0.00 250.00 Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax: Exen ption: 5 3,634,929.38 TAXES: County_(Basic). J 0.00 NYS Real Estate Transfer Tax: City(Additional): $ 0.00 1 $ 2,929,214.00 0.00 ~ RECORDED OR FILED IN THE OFFICE Spec(Additional) ___ TASF: 0.00' 0.00 ,„".""' OF THE CITY REGISTER OF THE $ MI'A: ... 0130 CITY OF NEW YORK N CTA $ 0.00 tt/t/7: ~.'.!III, Recorded/Filed 12-07-201217:00 Additional MRT: 0.00 t/l':.:tdi.I RegisterUile No.(CRUN): .7/'!el'Ni: $ t 07; e City TOTAL: $ 0.00 2012000481752 it" Recording Fee: $ 85.00 ' () Affidavit Fee: 0.II/I "'~7007 / City l(e/ ister ul () f/iei nature .'iiL e 6 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER 2012120300520002003CFF3C RECORDING AND ENDORSEMENT COVER PAG E (CONTINU ATION) PAGE 2 OF 11 Document ID: 2012120300520002 Document Date: 11-28-2012 Preparation Date: 12-06-2012 Document Type: DEED PARTIES GRANTOR/SELLER: KINGS PARKING LLC 210 ROtJTE 4 EAST PARAMUS, NJ 07652 I 1 I 7 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 BARGAIN AND SALE DEED with covenants against grantor's acts Dated as of November', , 2012 By ALEXANDER'S KINGS PLAZA, LLC, KINGS PARKING, LLC, each a Delaware limited liabilitycompany, as Grantor to BROOKLYN KINGS PLAZA LLC, a Delaware limited liabilitycompany, as Grantee Premises: Kings Plaza Shopping Center Brooklyn, New York 11212 Section: Block: 8470 Lots: 55, 114 County: Kings RECORD AND RETUlW BY MAIL TO: Kimberly Moore Manatt, Phelps & Phillips,LLP 7 Times Square New York, New York 10036 SCI:33320022 8 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 THIS INDENTURE, made the Ô day of November in the year 2012 between ALEXANDER'S KINGS PLA7A, LLC and KINGS PARKING, LLC, each a Delaware limited liability company, c/o Vornado Realty Trust, 888 Seventh Avenue, New York, NY 10019 party of the firstpart, and BROOKLYN KINGS PLAZA LLC, a Delaware limited liabilitycompany, c/o Manatt, Phelps & Phillips, LLP, 7 Times Square, New York, New York 10036, Attention: Kimberly Moore party of the second part, WITNESSETH, thatthe party of the firstpart, inconsideration of ten ($10.00) 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 See Exhibit A attached hereto and made a part hereof. TOGETHER with all right, title and interest,if any, of the party of the firstpart in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and allthe estate and rights of the party of the firstpart in and tosaid premises; 10 HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second partforever. AND the party of the firstpart covenants thatthe party of the firstpart has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid or as otherwise provided in that certain Contribution Agreement and Joint Escrow Instructions, dated as of October 21, 2012, by and between Grantor and Grantee. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the firstpart will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied firstfor the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. "party" "parties" The word shall be construed as ifit read whenever the sense of this indenture so requires. SCI:3332002.2 9 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 IN WITNESS WHEREOF, the party of the firstpart has duly executed this deed the day and year first above written. IN PRESENCE OF: KINGS PARKING, LLC, a Delaware limited liabilitycompany By: Nan : fu /2/( Title: 7ffffgp i 6 gC-D 'i~~dfi'i >I(„mug j'.Ii ALEXANDER'S KINGS PLAZA, LLC, a Delaware limited liability company / By: SIC'6' Nai Pii~ Ti e: 47M~,~~ >~I~/un' ZC/> SCi:3332402.4 10 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 UNIFORM FORM OF ACKNOWLEDGMENT State of New U, k ) ss. i'tre~>' erst' County of w%ck ) On the 27*day of November in the year 2012 before me, the undersigned, a-netmTptrbHe .in-and-for--saidatate, personally appeared A-/m £fit personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the inStrument. . t:,th O:,'-'-;;.;;"„, Notary P J S C. OLIGINO . . Nota lic, State of New York .. . o.. 01OL6245612 In New York County Qualified Certificate Filed in New York County Commission ExpirceJuly 25, 2016 I 'I UNIFORM FORM OF ACKNOWLEDGMENT State of Neo. ¼A ) ss. County of yUew L ) On theT7 proved to me day on of in-emH'er-said-state, November the personally basis of in the year appeared satisfactory 2012 Â[c.., evidence f;* before /2.,c...< to be the me, the undersigned,a-notary-ptaic personally individual(s) whose known name(s) to me is or (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. I Notary lie i(')0IH JA S C. OL!GINO of New York rt 0 . N tary lic, State u No. 010L6245612 iL . in New York County Qualified rr n ; Filed in New York County Certificate Commission Expiree.ruly 25, 2015 July ' ..' ':,'„...".. V I uu SCI:3332002.2 11 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 ~ TitleNo. NY120712 (Xg( b /T A AS TO PARCEL I art of Lot 55): All that certainplot,piece orparcel of land situate,lying and being in theBorough of Brooklyn, County of Kings, City and Stateof New York, bounded and described as follows: BEGINNING at the corner formed by the intersectionof the southeasterly side of Avenue U (80 feetwide) with the northeasterly side of Flatbush Avenue (200 feet wide); RUNNING THENCE northeasterly along the southeasterly side of Avenue U, 930 feet; THENCE southeasterly at 90 degrees to said Avenue U, 859.02 feet tothe Conditional United States Pierhead & Bulkhead Line; THENCE southerly along the Conditional United States Pierhead & Bulkhead Line and fomaing an interior angle of 125 degrees 54 minutes 14.6 seconds with the last mentioned course 827.16 feet; THENCE northwesterly forming an interiorangle of 54 degrees 5 minutes 45.44 seconds with the last mentioned course, 644.08 feet toa point on a line drawn parallel with Avenue U (80 feetwide) and 700 feet southeasterly therefrom; THENCE southwesterly parallel with said Avenue U and at 90 degrees to the lastmentioned course 171.76 feet toa point on the prolongation of the centerline of former Hinsdale Avenue; ol' THENCE northwesterly along said prolongation of the center line of former Hinsdale Avenue and fonning an interior angle of 92 degrees 14 minutes 48 seconds with the lastmentioned course, 425.33 feet toa point on a linedrawn parallel with Avenue U (80 feetwide) and 275 feetsouthwesterly therefrom; THENCE southwesterly parallelwith said Avenue U and forming an exterior of 92 degrees 14 minutes 48 seconds with the lastmentioned course 71.59 feet:tonortheasterly side of Flatbush Avenue (100 feet wide); THENCE northwesterly along the said northeasterly side of Flatbush Avenue 275 feet tothe point or place of BEGINNING. EXCEPTING AND EXCLUDING THEREFROM the following described premises: All that certainplot, piece or parcel of land situate, lying and being in the Borough of Brooklyn, County of Kings, City and Stateof New York, bounded and described as follows: BEGINNING at an interiorpoint on a line drawn at rightangles to Avenue U through a point thereon distant 713 feet2 inches northeasterly from the corner formed by the intersection of the southeasterly side of Avenue U (80 feetwide) with the northeasterly side of Flatbush Avenue (100 feetwide), said point being 25 feetsoutheasterly from the southeasterly side of Avenue U (80 feetwide) measured along said line; RUNNING THENCE northeasterly parallel with Avenue U, 239 feet; THENCE southeasterly 90 degrees to the lastmentioned course, 377 feet 10 inches; THENCE southwesterly at 90 degrees to the lastmentioned course, 239 feet; Bate Printed: Novernbcr 12, 2012 12 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 ) :) TitleNo. NY120712 6i-—Continued f X V / THENCE northwesterly at 90 degrees to the lastmentioned course, 170 feet 6 inches; THENCE southwesterly at 90 degrees to the lastmentioned course, 28 feet 3 inches; THENCE northwesterly at 90 degrees to the lastmentioned course, 66 feet; THENCE northeasterly at 90 degrees to the lastmentioned course, 28 feet 3 inches; THENCE northwesterly at 90 degrees to the lastmentioned course, 141 feet 4 inches to the point or place of BEGINNING. NOTE: Flatbush Avenue having been widen to 200 feet. Oate Printed November i 2, 2012 13 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 I .'·'),.Title No. NY120712 (â / A - Continued (l()({ PARCEL IIA: (Alexander's Leased Land - Parcel E Survey): Overhang All that certain plot, piece or parcel of land situate,lying and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: BEGfNNING at an interiorpoint on a line drawn at rightangles to Avenue {Jthrough a point therefrom distant 420 feet2 inches northeasterly from the corner formed by the intersection ofthe southeasterly side of Avenue U (80 feet wide) with the northeasterly side ofFlatbush Avenue (100 feetwide) said point being 484 feet4 inches southeasterly from the southeasterly side of Avenue U (80 feet wide) measured along said line; RUNNING THENCE southeasterly at 90 degrees to said Avenue U, 136 feetmore or less tothe southeasterly face of a wall of Landlord's department store building; THENCE southwesterly at approximately 90 degrees to the lastmentioned course and along the said southeasterly face of said wall 21 feet 6 inches more or lessto the northeasterly face of another wall; ol' THENCE northwesterly at approximately 90 degrees to thelast mentioned course and along the said northeasterly face of the said lastmentioned wall, 140 feet2 inches more orless to the southeasterly face of another wall; THENCE northeasterly at approximately 90 degrees tothe lastmentioned course and along the saidsoutheasterly face of the said lastmentioned wall,45 feetmore or less to thenortheasterly face of thesign band at the front ofthe southeasterly building leased hereunder; THENCE southeasterly at approximately 90 degrees to the lastmentioned course and along the said northeasterly face of the said sign band 4 feet 2 inches more or less toa point distant484 feet 4 inches southeasterly from said Avenue U measured along a linedrawn at rightangles thereto; THENCE at 90 of' southwesterly degrees to the lastmentioned line23 feet 6 inches more or less tothe point or place of BEGINNING. NOTE: Flatbush Avenue having been widened to 200 feet. Date Printed:November 12, 2012 14 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 .)Title No. NY120712 6/ A .- Continued (y( PARCEL HB: (Alexander's Overhang Leased Land-Parcel F Survey): All that certainplot, piece or parcel of land situate,lying and being in the Borough of Brooklyn, County of Kings, City and Stateof New York, bounded and described as follows: BEGINNING at an interiorpoint on a line drawn at rightangles to Avenue U through a point thereon distant420 feet2 inches northeasterly from the corner formed by the intersection of the southeasterly side ofAvenue U (80 feet wide) with the northeasterly side of Flatbush Avenue (100 feet wide) said point being atthe intersection of said line with the of' northwesterly face of a wall which is the extension northeasterly of thenorthwesterly wall of Landlord's department store building and being approximately 251 feet 5-l/2 inches southeasterly from the southeasterly side of Avenue U (80 feet wide) measured along said line; RUNNING THENCE southwesterly atapproximately 90 degrees to said linealong the aid northwesterly face of saidwall 21 feet 6 inches more or less tothe northwesterly face of another wall; THENCE southeasterly atapproximately 90 degrees to the lastmentioned course and along the said northeasterlyface of said lastmentioned wall 171 feet½ inch more or less tothe northwesterly face of another wall; THENCE northeasterly at approximately 90 degrees to the lastmentioned course and along the said northwesterly face of said lastmentioned wall 45 feet more or less tothe northeasterly face of the sign band at the frontof the northwesterly building leased hereunder; THENCE northwesterly at approximately 90 degrees tothe last mentioned course and along the said northeasterly face of said sign band 4 feet2 inches more or lessto a point distant 418 feet 4 inches southeasterly from the saidAvenue U measured along a linedrawn at rightangles thereto; THENCE southwesterly at 90 degrees to the lastmentioned line23 feet 6 inches more or less toa point distant418 feet4 inches southeasterly from said avenue U measured along the line drawn at right angles thereto from a point thereon distant420 feet2 inches northeasterly from the said of Avenue U and Flatbush Avenue; THENCE northwesterly at 90 degrees to said Avenue U, 166 feet 10-l/2 inches more or lessto the point or place of BEGINNING. of' EXCEPTING from Parcels IIA and IlB so much thereof as liesabove the lower surface of the thirdfloor slab situated over said premises, but TOGETHER with the rights to affixto said slab and to the above mentioned walls, points of the buildings leased hereunder and pipes, ducts, conduits and other installations therein. Date Printed:November 12, 2012 15 of 191 FILED: KINGS COUNTY CLERK 07/09/2018 06:44 PM INDEX NO. 513952/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 07/09/2018 Title No. NY120712 +. .- Con tinued (X }{ ( b/ AS TO (Lot 114): All that certain plot,piece or parcel of land situate, lying and being in theBorough of Brooklyn, County of Kings, City and Stateof New York, bounded and described as follows: BEGINNING at a point on the southeasterly side of Avenue U as shown on the present City Map, 80 feetwide, distant 1,030 feet inter. northeasterly from the intersectionof the southeasterly side of Avenue U with the former northeasterly side of Flatbush Avenue,100 feetwide, saidpoint of beginning also being 960 feet northeasterly from thecorner formed by the intersection of the southeasterly sideof Avenue U, 110 feet wide as on Present City Map, with the northeasterly side of Flatbush Avenue 200 feet wide as on Present City Map, as measured along the southeasterly and northeasterly sides of Avenue U as on said Present City Map;