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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,
v.
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,
v.
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

          HON. JEFFREY K. OING, J.S.C.

         Relief Sought

         Index No.: 650868/2015

         Mtn Seq. No. 007

         Plaintiffs, 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.

         Defendants 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)[7], to dismiss the amended verified complaint as to defendant 462-470.

         Defendants 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).

         Index No.: 850216/2015

         Mtn Seq. No. 001

         462-470 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.

         Mtn Seq. No. 002

         This motion and cross motion are identical to the reliefs sought in mtn seq. no. 007 under Index No. 650868/2015.

         These actions and motions are consolidated for disposition.

         Factual Background

         Siras, 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 ...


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