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Siras Partners LLC v. Activity Kuafu Hudson Yards LLC
Supreme Court, New York County
March 29, 2017
Siras Partners LLC, SAIF SUMAIDA, and ASHWIN VERMA, Plaintiffs,
Activity Kuafu Hudson Yards LLC, 462-470 11th AVENUE LLC, SHANG DAI, ZENGLIANG "DENIS" SHAN, QILING YUAN, DANIEL DWYER, AND DAI & ASSOCIATES, P.C., Defendants, and REEDROCK KUAFU DEVELOPMENT COMPANY LLC, SIRAS KUAFU LP, ATHENA KUAFU LP, SIRAS KUAFU LAND HOLDINGS LLC, and BIFROST LAND LLC, Nominal Defendants. 462-470 11th AVENUE LLC, Plaintiff,
BIFROST LAND LLC, AJ LABELLE & PARTNERS, LLC, MUTUAL, LLC, 554 WEST 38TH STREET, LLC, JACOB I. SOPHER A/K/A HANK SOPHER, NEW YORK STATE WORKERS' COMPENSATION BOARD, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY DEPARTMENT OF FINANCE, GZA GEOENVIRONMENTAL, INC., and JOHN DOES No.1 through #20, said John Doe defendants being fictitious and unknown to plaintiff, it being intended to name all other parties who may have some interest in or lien upon the premises sought to be foreclosed, Defendants.
Plaintiffs' were represented by: LEO V LEYVA Firm Name:
COLE SCHOTZ P.C.
Defendants' were represented by: JANICE MACAVOY Firm
Name: FRIED FRANK HARRIS SHRIVER & JACOBSON
JEFFREY K. OING, J.S.C.
Seq. No. 007
Siras Partners LLC, Saif Sumaida, and Ashwin Verma
(collectively, "Siras"), move for an order: (i)
staying the related foreclosure action under Index No.:
850216/2016 (the "foreclosure action") pending
resolution of this action, and (ii) granting plaintiffs leave
to file a second amended verified complaint.
Activity Kuafu Hudson Yards LLC ("Kuafu"), 462-470
11th Avenue LLC ("462-470"), Shang Dai
("Dai"), Zengliang "Denis" Shan
("Shan"), and Qiling Yuan ("Yuan"),
cross-move, pursuant to CPLR 3211(a), to dismiss the
amended verified complaint as to defendant 462-470.
Shang Dai ("Dai") (on the fourth, fifth, and sixth
causes of action), Daniel Dwyer ("Dwyer"), and Dai
& Associates, P.C. ("Dai & Associates")
(Dai, Dwyer, and Dai & Associates, collectively referred
to as "D & A") do not take a position regarding
that branch of Siras' motion seeking a stay of the
foreclosure action (see Bruno Affim., 8/12/16,
¶ 2, fn 1).
Seq. No. 001
moves for an order: (i) pursuant to RPAPL § 1321
referring this matter to a Referee to compute the amounts due
to it for principal and interest on the Consolidation,
Modification and Restatement Agreement (the
"mortgage"), and to examine and report whether the
mortgaged property may be sold in one parcel; and (ii)
pursuant to CPLR 1003 dismissing from this action and
striking from the caption the fictitious defendants
"John Does" #1 through #20 inclusive, and amending
the caption accordingly.
Seq. No. 002
motion and cross motion are identical to the reliefs sought
in mtn seq. no. 007 under Index No. 650868/2015.
actions and motions are consolidated for disposition.
Kuafu, and their respective principals, and nonparty Sean
Ludwick, formed a joint venture, Reedrock Kuafu Development
Company, LLC ("Reedrock"), in November 2013, for
the purpose of developing a parcel of land in Manhattan
located at Hudson Yards at 462-470 Eleventh Avenue (the
"property"). Under Reedrock's operating
agreement (the "operating agreement") (Verma Aff.,
10/19/15, Ex. A), Siras was responsible for the development
of the property and Kuafu was responsible for the debt and
equity financing for the development of the property.
Reedrock's members created Bifrost Land LLC
("Bifrost") to hold title to the property.
Reedrock's managers consisted of ...