PLEASE TAKE NOTICE that defendants PMB Soho LLC d/b/a Pera Soho and Burak

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK )( TORATOGA LLC, individually and derivatively as a member ofand on behalf of 54 Thompson Street Condominium and ROCCO VOGEL, Plaintiffs, lndex No /2015 COUNTER-NOTICE OF SETTLEMENT -against- PMB SOHOLLC d/b/a PERA SOHO, SOHO THOMPSON REALTY LLC, FRED OHEBSHALOM, RICHARD OHEBSHALOM, FRED OHEBSHALOM and RICHARD OHEBSHALOM d/b/a EMPIRE MANAGEMENT, BURAK KARACAM, and 54 THOMPSON STREET CONDOMINIUM, Defendants )( PLEASE TAKE NOTICE that defendants PMB Soho LLC d/b/a Pera Soho and Burak Karacam object to the proposed Order filed on August 26, 2015 by plaintiffs (the "Proposed Order") and that the proposed counter-order, annexed hereto as Exhibit A, will be presented for settlement to the Hon. Charles Ramos at the Courthouse, 60 Centre Street, New York, New York on August 31, 2015 at 9:30 a.m. A copy marked to delineate each proposed change to the proposed Order is attached hereto as Exhibit B. Dated: New York, New York August 28, 2015 MEISTER SEELIG & FEIN LLP By: Howard S. Koh 125 Park Avenue South _7'h Floor New York, New York (212) Attorneys for Defendants PMB Soho LLC d/b/a Pera Soho and Burak Karacam ~O 1/ )

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3 EXHIBIT A

4 At a Commerc ial Part 53 o f the Supreme Court o f the State of Ne w Yor k in and f or the County of New Yo r k, l ocated at 60 Centre Street, New York, New York on the da y o f, PR ~ S ~NT: Ho n. Charles Ramos, Justice ~ x TORATOGA LLC, individually and derivative l y as a member o f a nd on behalf o f 54 Thompson Street Condominium and ROCCO VOG~L, - a ga ins t Plaintiffs, PMB SOHO LLC d /b/a P~RA SOHO, SO HO TH OM PSON R~ALTY LLC, FR~D OHEBSHALOM, RICHARD OHEB SHALOM, FRED OHEBSHALOM and RICHA RD OHEB SHALOM d / b/a EMPIRE MANAGEMENT, BURAK KA RAC AM, and 54 TH OMPSON STREET CO NDOM INIUM, Index No /2015 ORDER Defendant s x Plaintiffs, Toratoga LLC, individually and derivativel y as a member o f and o n behalf o f 54 Thomp son Street Co ndominium and Rocco vogel, hav ing b rought this Order to Sh ow Cause for an o rder granting a prelimina r y injunctio n pending the trial of this act i on enjoining defendant PMB Soho LLC d/b/a Pe ra Soho from operating a restaurant and l o unge o n an y po rtio n o f the 1

5 rooftop at the premises known and located at (54 Thompson Street, New York, New York (the "Building"); NOW, upon reading and filing the Order to Show Cause dated July 31, 2015, the affidavit in support of Rocco Vogel, sworn to July 10, 2015 with exhibits annexed hereto, the affidavit of Gregory Tutelian, sworn to July 18, 2015, the affidavit of Shelly Chiu sworn to July 20, 2015, the affidavit in opposition of Burak Karacam, sworn to August 4, 2015 with exhibits annexed thereto ("Karacam"), the reply affirmation in further support of Mark Kalish, Esq. dated August 11, 2015 with exhibits annexed thereto and the affidavit of Gregory Tutelian, sworn to August 10, 2015, all ha ving been duly filed o n the Court's e-filing system; And the Order to Show Cause having come on before the Honorable Charles Ramos on Augus t 18, 2015, at a Commercial Part 53 thereof, and the plaintiffs having appeared by Moss & Kalish, PLLC, Counsellors at Law, Mark L. Kalish, Esq. and David Gelfarb, Esq., of counsel; and defendants Restaurant and Karacam having appeared by been by Meister, Selig and Fein LLP, Howard S. Koh, Esq., o f counsel; and defendants Fred Ohebshalom, Richard Ohebshalom and Soho Thompson Realty LLC having appeared by Troutman Sanders LLP, Bennet J. Moskowitz, Esq., of counsel, and the Court having heard oral argument. [ / /1] 2

6 NOW, upon motio n of Moss & Kalish, PLLC, attorneys for the plaintiffs, it is hereby ORDERED as follows: 1. Defendants, PMB Soho LLC d/b/ a Pera Soho and Burak Karacam be and the same hereby are enjoined, pending the trial and determination o f this action, or further order of thi s Court, from operating a restaurant and lounge on an y portion of the rooftop at the Building. 2. Pursuant to CPLR 63l2 (b ), plaintiffs shall post an undertaking in the amount of $10,000 (ten thousand dollars ) within 7 (seven) days of the entry o f this Order. E N T E R J.S.C. [ / /1] 3

7 EXHIBITB

8 At a Commercial Part 53 of the Supreme Court of the State of New York in and for the County of New York, located at 60 Centre Street, New York, New York on the day of, PRESENT: Hon. Charles Ramos, Justice x TORATOGA LLC, individually and derivatively as a member of and on behalf of 54 Thompson Street Condominium and ROCCO VOGEL, Plaintiffs, - against PMB SOHO LLC d/b/a PERA SOHO, SOHO THOMPSON REALTY LLC, FRED OHEBSHALOM, RICHARD OHEBSHALOM, FRED OHEBSHALOM and RICHARD OHEBSHALOM d/b/a EMPIRE MANAGEMENT, BURAK KARACAM, and 54 THOMPSON STREET CONDOMINIUM, Index No / 2015 ORDER Defendants x Plaintiffs, Toratoga LLC, individually and derivatively as a member of and on behalf of 54 Thompson Street Condominium and Rocco vogel, having brought this Order to Show Cause for an order granting a preliminary injunction pending the trial of this action enjoining defendant PMB Soho LLC d/b/a Pera Soho from operating a restaurant and lounge (lfle "Restal:l!;aAt" ) on a~ny portion of the reef' l.

9 sf ERe eltil,jir~ (the "Sui IdiR~") r 9 9ftcm at t~he premise~ known ae-and located at l 54 Thompson Street, New York, New York (the " Building") ; NOW, upon reading and filing the Order to Show Cause dated July 31, 2015, the affidavit in support of Rocco Vogel, sworn to July 10, 2015 with exhibits annexed hereto, the affidavit of Gregory Tutelian, sworn to July 18, 2015, the affidavit of Shelly Chiu sworn to July 20, 2015, the affidavit in opposition of Burak Karacam, sworn to August 4, 2015 with exhibits annexed thereto ("Karacam" ), the reply affirmation in further support of Mark Kalish, Esq. dated August 11, 2015 with exhibits annexed thereto and the affidavit of Gregory Tutelian, sworn to August 10, 2015, all having been duly filed on the Court's e-filing system; And the Order to Show Cause having come on before the Honorable Charles Ramos on August 18, 2015, at a Commercial Part 53 thereof, and the plaintiffs having appeared by Moss & Kalish, PLLC, Counsellors at Law, Mark L. Kalish, Esq. and David Gelfarb, Esq., of counsel; and defendants Restaurant and Karacam having appeared by been by Meister, Selig and Fein LLP, Howard S. Koh, Esq., of counsel; and defendants Fred Ohebshalom, Richard Ohebshalom and Soho Thompson Realty LLC having appeared by Troutman Sanders LLP, Bennet J. Moskowitz, Esq., of counsel, and the Court having heard oral argument, and ERe CS1:l E ha'.-ifl!j' eeeermined, lrter alia, EhaE "EBe 1:l1la ispldece lan!j'1:la!j'e" if. the RestauraRt ' s "al'll"lieatisfls ES Ehe leeal [ /~~ 4715J 88/ 1l 2

10 eealllt\1:a:iey eeal?ei a-nel she Gsate Liquor }'tuthority aid not refey tao al%}t l"i9ht to eonduet l"estaul"ant operations on the l"oof n (~13age B of the transeript annejeed hereto as S,thil3it "An). NOW, upon motion of Moss & Kalish, PLLC, attorneys for the plaintiffs, it is hereby ORDERED as follows: 1. Defendants, PMB Soho LLC d/b/a Pera Soho and Burak Karacam be and the same hereby are enjoined, pending the trial and determination of this action, or further order of this Court, from '- - - = -- operating, eoneloletib9 Ol" oa!'ryin9 on the busihess of any~ restaurant, and lounge or bar, ib~e eate!'in"j' of aft)' private 13~ entb, on any portion of the!'oof af the l3uildin"j' ],no'm as and IDeated at 54 ThomJ!lSGn-.t-l'eet, lie,,' Yo!']., lie'" Yarkrooftop _at the Building. 2. Pursuant to CPLR 6312(b), plaintiffs shall post an undertaking in the amount of $ 509 Ifi-ve-hun l-~;l O_,OOO (te_d thousan>! dollars) within * 1 (thenty oneseven) days of the entry of this Order. E N T E R J.S.C. [ / ~ S7 8 8 / 11 3

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12 Document comparison by Workshare Compare on Friday, August 28, '29'34 AM Input: Document 1 ID Description Document 2 ID Description Rendering set lfile:/ic:\users\howard\desktop\plaintiffs Order.docx Plaintiffs Order lfile:/ic:\users\howard\desktop\proposed Counter Order.docx Proposed Counter Order Standard Legend: Insertion f}eletiefl Me~ ' ee! ffem.m.oycd to Style change Fonnat change M,...etl tlei~liea Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 12 Deletions 14 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 26