NYSCEF DOC. NO. 112 RECEIVED NYSCEF 02/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------x JFURTI, LLC, Index No. 656273/2016 Plaintiff, Commercial Division -against- (0. Peter Sherwood) NOTICE OF ENTRY SUNEET SINGAL, et al. ---------------------------------------------------------------x Defendant. Please take notice that the within is a true copy of a Judgment of the Supreme Court of the State of New York, County of New York, filed and docketed by the New York County Clerk's Office on February 6, 2018. Dated New York, New York February 6, 2018 GLOVSKY and POPEO, P.C. By /s/ Narges M. Kakalia Christopher J. Sullivan Narges M. Kakalia GLOVSKY & POPEO, P.C. The Chrysler Center 666 Third Avenue, 25th Floor New York, New York 10017 (212) 935-3000 Attorneys for Plaintiff 1 of 8
[FILED NEW YORK COUNTY CLERK 02/06/2018 0133 PM) NYSCEF DOC. NO. 112 111 RECEIVED NYSCEF 02/06/2018.. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK..... --------------------X JFURTl, LLC, Plaintiff, index No. 656273/2016 -against- SUNEET SINGAL, FIRST CAPlTAL BORROWER, LLC, FIRST CAPITAL REAL ESTATE INVESTMENTS, Li C, FIRST CAPITAL RE FUND JRS'l' 1, LLC, FIRST CAPITAL MANAGEMENT COMPANY, LLC, FIRST CAPITAL MANAGEMENT LLC, FIRST CAPITAL RETAIL, LLC. FIRST CAPITAL PARTNERS, LLC, FIRST I' CAPITAL BUlLDERS, LLC, FIRST CAPITAL LINITED FUNDS MANAGE ENT, LLC,gMbHIMAS, m FIRST CAPITAL REAL ESTATE ADVISORS, L.P., AND FCREI PROPERTY MANAGEMENT LLC ~~~ pp ~g Defendant. ------------------ x JUDGMENT Plaintiff JFURTI, LLC ("JFURTI" or "Plaintiff"), having duty moved this Court for summary judgment in lieu of complaint as against Defendants Suneet Singal, First Capital Borrower, LLC, First Capital Real EstateInvestments, LLC, First Capital Fund 1, LLC, First Capital Management Company, LLC, First Capital Management LLC, First Capital Retail, LLC, First Capital Partners, LLC, First Capital Builders, LLC, First Capit 1United Funds Management, LLC, FCREI GP, LLC, First Capital Real Estate Advisors, L.P., and FCREl "Defendants" Property Management LLC (collectively, "Defendants"), pursuant to Section 3213 of the New York Civil Practice Law and Rules on the ground that this action is based upon an instrument for the payment of money only, which is now due and payable; and 1 12 of 78
FILED NEW YORK COUNTY CLERK 02/06/2018 0133 PM NYSCEF DOC. NO. 112 111 RECEIVED RECELV-ED NYSCEF 02/06/2018 As this matter has been stayed as to First Capital Retail, LLC, due to its filing for protection, and as the portion of this matter which relates to First Capital Retail, LLC has been severed; Upon the foregoing papers and the Decision and Order of this court dated October 17, 2017, entered by the New York County Clerk on October 19, 2017, granting Plaintiff's motion. for summary judgment in lieu of complaint and directing that the Clerk of the court enter judgment in favor of Plaintiff and against Defendants; Now, on motion of Plaintiff, it is ADJUDGED, that Plaintiff, JFURTI, (located at 46 Ledgerock Lane, Hyde Park, NY 12538) shall recover of Defendants, (1) Sunect Singal (located at 2377 Gold Meadow Way, Suite 100, Gold River, CA 95670-4444), (2) First Capital Borrower, LLC (located at 1013 Centre Road, Suite 403-B Wilmington, DE 19805), (3) First Capital Real Estate Investments, LLC (located at 2355 Gold Meadow Way, Suite 160, Gold River, CA 95670-6326), (4) First Capital RE Fund 1, LLC (located at 251 Little Falls Drive, Wihnington, DE 19808), (5) First Capital Management Company,. LLC (located at 251 Little Falls Drive Wilmington, DE 19808), (6) First Capital Management LLC (located at 275 Hill Street, 3rd Fl. Reno, NV 89501-1824), (7) First Capital Partners, LLC (located at 275 Hill Street, 3rd Fl. Reno, NV 89501-1824), (8) First Capital Builders, LLC (located at 275.Hill Street, 3rd Fl. Reno, NV 89501-1824), (9) First Capital United Funds Management, LLC (located at 1013 Centre Road Suite 403-B Wilmington, DF. 19805), (10) FCREl GP, LLC (located at 1013 Centre Road Suite 403-B Wilmington, DE 19805), (11) First Capital Real Estate Advisors, L.P. (located at 1013 Centre Road Suite 403-B Wilmington, DE 19805), and (12) FCREl Property Management LLC (located at 1013 Centre Road Suite 403-B Wihnington, DE 19805), 2 32 of 87
INDEX NO. 65 62 73 /2016 FILED NEW YORK COUNTY CLERK 02/06/2018 0133 PM NYSCEF DOC. NO. 112 111 RECEIVED NYSCEF 02/06/2018 jointly and severally, the amount of $16,259,556.67 in principal; plus 10% interest from September 15, 2016 through November 30, 2016 in the amount of $ ~~~t '; plus default interest at the rate of 24% per annum from December 1, 2016 until the t(ego 3 i,' date of entry of this Judgment in the amount of $ r t plus costs and disbursements as taxed by 5o+oe' the Clerk in the amount of $ for 2/ n/ 676,53 ' a total award of $ J ',, and that plaintiff have execution thereof. h O. Peter Sherwood, J.S.C //3// C.l RK Q (( ~( ' 72866816v.2 FILED FEB F6 2018 COUNTY CLERKS OFFlGE NEW YORK 3 43 of 87
FILED NEW YORK COUNTY CLERK 02/06/2018 0133 PM NYSCEF DOC. NO. 112 111 RECEIVED NYSCEF 02/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X JFURTI, LLC, IndeX No. 656273/2016 Plaintiff, Commercial Division -against- SUNEET SINGAL, et al. (0. Peter Sherwood) BILL OF COST Defendant. ----------------------------------------------------------------X Costs before Note of Issue (CPLR 8201(1)) COSTS $200.00 ~ Motion Costs (CPLR 8202) TOTAL COSTS. 30000 4 2-00 ~ * DISBURSEMENTS Request for Judicial Intervention Fee (CPLR 8020(a), 8301(b)) $ 95.00 Fee for Assignment of IndeX Number (CPLR 8018(a), 8301(b)) $210.00 Fee for Entering and Docketing the Judgment (CPLR 8301(a)(7), 8016(a)(2)) TOTAL DISBURSEMENTS $.00 4 I HEREBY CERTIFY THAT I HAVE ADJUSTED THIS BILL OF COSTS AT ~ $ 5 pg o~ FEB - 6 20 8 FILED FEB 6 2018 COUNTY CLERKS OFRCE NEW YORK CLERK 5 of 87
FILED NEW YORK COUNTY CLERK 02/06/2018 0133 PM NYSCEF DOC. NO. 112 111 RECEIVED NYSCEF 02/06/2018 COSTS AND DISBURSEMENTS Total Costs ~$3 ~o <' o@ Total Disbursements (excluding Prospective Fee) $ $~'.00! TOTAL COSTS AND DISBURSEMENTS $.00 Dated February 6, 2018 New York, New York By /s/ Narges M. Kakalia Christopher J. Sullivan Narges M. Kakalia GLOVSKY & POPEO, P.C. The Chrysler Center 666 Third Avenue, 25th Floor New York, New York 10017 (212) 935-3000 Attorneys for Plaintiff 2 65 of 87
IN DE X NO. 6 5 6 2 73/2016 FILED NEW YORK COUNTY CLERK 02/06/2018 0133 PM NYSCEF DOC. NO. 112 111 RECEIVED NYSCEF 02/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --- -------------------- X JFURTI, LLC, Index No. 656273/2016 Plaintiff, Commercial Division SUNEET SINGAL, et al. -against- (0. Peter Sherwood) AFFIRMATION Defendant. ---------------------------------------------------------------- x COUNTY OF NEW YORK) Narges M. Kakalia, affirms under penalty of perjury, as follows I am an attorney admitted to practice before the courts of the State of New York and am a member with the law firm of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. ("Mintz Levin" Levin"). I submit this Affirmation in support of Mintz Levin's Bill of Costs. I am fully familiar with the facts and circumstances of the above captioned action and affirm that the foregoing costs have been necessarily incurred and are reasonable in amount. Dated February 6, 2018 New York, New York I F ILED FEB -6 2018 COUNTYCLERK'S OFFICE NEWYORK By /s/ Narges M. Kakalia Christopher J. Sullivan Narges M. Kakalia GLOVSKY AND POPEO, P.C. The Chrysler Center 666 Third Avenue, 25 th FlO Or New York, NY 10017 (212) 935-3000 Attorneys for the Plaintiff 3 76 of 87
FILED NEW YORK COUNTY CLERK 02/06/2018 0133 PM NYSCEF DOC. NO. 112 111 RECEIVED NYSCEF 02/06/2018 GLOVKSY and POPEO, P.C. gi7 By, /s/christopher J. Sullivan Christopher J. Sullivan Narges M. Kakalia 666 Third Avenue l~ New York, New York 10017 (212) 935-3000 Attorneys for Plaintiff FILED AND DOCKETED FEB -6 2018 AT f '. 3 I f M OFFICE CO. CLK'S N.Y., 87 of 87