HOROWITZ LAW GROUP PLLC

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Gladys Sutton
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1 HOROWITZ LAW GROUP PLLC 61 Broadway, Ste New York, NY Telephone: (212) Facsimile: (646) Direct Dial: (212) February 24, 2017 VIA E-FILING AND REGULAR MAIL The Honorable Kathryn E. Freed, J.S.C. Supreme Court of New York IAS Part 2 80 Centre Street New York, New York Re: Belle Lighting, LLC v. USA Legwear, LLC et al. Index No /2016 Dear Judge Freed: This Firm represents defendant Glenwood Management Services, Inc. ( Glenwood ) in the above-referenced matter. Glenwood respectfully requests the Court s assistance in its attempt to discontinue this action against Glenwood, as stipulated by the parties counsel who have appeared herein. By way of brief background, on December 9, 2016, Glenwood commenced a civil action against defendants USA Legwear, LLC, Basic Resources, Inc., Westchester Fire Insurance Company and AmeriCo Group, Inc. ( Defendants ), Index No /2016 ( Glenwood Action ), seeking foreclosure on the Mechanic s Lien Glenwood filed against the property located at 1411 Broadway, New York, New York ( Property ). The Glenwood Action was consolidated with the instant action ( Consolidated Action ) by the Court s Decision and Order entered on February 6, Thereafter, on February 10, 2017, Glenwood filed a Release of Mechanic s Lien with the Office of the Clerk of New York County. (See Exhibit A). On February 13, 2017, Glenwood also filed a Stipulation of Partial Discontinuance executed by counsel for Defendants and a Notice of Partial Discontinuance in the Glenwood Action. (See Exhibit B). Simply stated, the Glenwood Action has been dismissed with prejudice. Glenwood then prepared and circulated a Stipulation of Partial Discontinuance for the instant matter ( Stipulation ) to counsel for all parties who appeared in the Consolidated Action. The Stipulation was signed by all of those parties counsel, with the exception of Defendants counsel. Defendants counsel has not objected to the dismissal of Glenwood from the Consolidated Action, but he believes that counsel for all of the parties in the underlying actions which were consolidated into the Consolidated Action should be included in the Stipulation. However, those parties have neither appeared in the Consolidated Action, nor have they asserted any claims

2 The Honorable Kathryn E. Freed, J.S.C. February 24, 2017 Page 2 against Glenwood in any of the related actions. As a result, we believe that Defendants counsel s position in incorrect. Indeed, the Stipulation has been signed by all counsel who have appeared in the Consolidated Action (with the exception of Defendants counsel). (See Exhibit C). Accordingly, Glenwood respectfully requests the Court s assistance and permission to file the Stipulation in its current form. Thank you for Your Honor s time and assistance in this matter. Respectfully submitted, John D. Horowitz Enclosures cc: cc: cc: cc: cc: cc: Mitchell D. Haddad, Esq. (via e-file) Edward Weissman, Esq. (via e-file) Thomas J. Rossi, Esq. (via e-file) Henry C. Chan, Esq. (via e-file) Charles R. Pierce, Jr., Esq. (via e-file) Patrick M. Reilly, Esq. (via e-file)

3 EXHIBIT A

5 EXHIBIT B

6 FILED: NEW YORK COUNTY CLERK 02/13/ :07 PM INDEX NO /2016 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/13/ of 2

7 FILED: NEW YORK COUNTY CLERK 02/13/ :07 PM INDEX NO /2016 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/13/ of 2

8 FILED: NEW YORK COUNTY CLERK 02/13/ :09 PM INDEX NO /2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/13/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GLENWOOD MANAGEMENT SERVICES, INC., on behalf of itself and on behalf of all persons entitled to share in the funds received by ARTISAN CONSTRUCTION PARTNERS, LLC, in connection with a project identified as 1411 Broadway, 2nd and 3rd Floor, in the City of New York, County of New York, and State of New York, Plaintiff, Index No /2016 NOTICE OF PARTIAL DISCONTINUANCE WITHOUT PREJUDICE - against- JAMES GALVIN, ARTISAN CONSTRUCTION PARTNERS, LLC, 1411 IC-SIC PROPERTY, LLC, USA LEGWEAR, LLC, BASIC RESOURCES, INC., and WESTCHESTER FIRE INSURANCE COMPANY, JOHN DOE 1 through JOHN DOE 10, defendants being unknown to plaintiff and having or claiming an interest in or lien upon the premises described herein, and JANE DOE 1 through JANE DOE 10, being fictitious names, the real names being intended to designate individual, corporations, or other legal entities who are or were recipients of funds diverted from the Trust described in the complaint, Defendants. PLEASE TAKE NOTICE, that the above-entitled action, be and the same is, hereby discontinued without prejudice as against defendants James Galvin, Artisan Construction Partners, LLC and 1411 IC-SIC Property, LLC, and without costs to any party. This notice may be filed with the Clerk of the Court without further notice. 1 of 2

9 FILED: NEW YORK COUNTY CLERK 02/13/ :09 PM INDEX NO /2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/13/2017 Dated: New York, New York February 13, 2017 HOROWITZ LAW GROUP, PLLC By: John D. Horowitz, Esq. 61 Broadway, Suite 2125 New York, NY Phone: (212) Attorneys for Plaintiff Glenwood Management Services, Inc. 2 2 of 2

10 EXHIBIT C

FILED: NEW YORK COUNTY CLERK 11/09/ :16 PM INDEX NO /2016 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/09/2016

FILED: NEW YORK COUNTY CLERK 11/09/2016 12:16 PM INDEX NO. 655053/2016 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/09/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x BELLE LIGHTING LLC, Index