HMF Affiliates LLC et al v. Weissman et al
| HMF AFFILIATES LLC, MHYS BRONX HOLDINGS LLC, Victory Blvd Associate LLC, LIC Hotel Property MH LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC and SKMF Vyse Management LLC |
| NEIL J WEISSMAN, EMANUEL KLEIN and Ferary Girgin |
| 1:2023cv01494 |
| February 23, 2023 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Paul G Gardephe |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| None |
Docket Report
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Filing 43
ORDER: The parties' request that the Court extend the stay in these actions so that the parties may facilitate global settlement discussions (21cv10078 ECF No. 62; 23cv1494 ECF No. 42) is GRANTED, and these actions are STAYED for an additional 30 days. By Monday, May 1, 2023, the parties shall file a joint letter, no longer than three (3) pages, reporting on the status of their settlement discussions. The parties are reminded that they may request a settlement conference with the Court at any time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/31/2023) (vfr)
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| Filing 42 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Constantine P. Economides dated 3/31/2023 re: Stay. Document filed by HMF AFFILIATES LLC, LIC Hotel Property MH LLC, MHYS BRONX HOLDINGS LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC..(Economides, Constantine) |
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Filing 41
ORDER. The parties' request for a 30-day stay of these actions "[t]o facilitate global settlement discussions" (21cv10078 ECF No. 60; 23cv1494 ECF No. 40) is GRANTED, and these actions are STAYED for 30 days. The telephone conference scheduled in 21cv10078 for March 6, 2023 is CANCELLED. By March 31, 2023, the parties shall file a joint letter, no longer than three (3) pages, reporting on the status of their settlement discussions. The parties are reminded that they may request a settlement conference with the Court at any time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/3/23) (yv)
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| Filing 40 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Constantine P. Economides dated 3/3/2023 re: Stay. Document filed by HMF AFFILIATES LLC, MHYS BRONX HOLDINGS LLC..(Economides, Constantine) |
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Filing 39
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave and Magistrate Judge Sarah L Cave. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/24/2023) (ks)
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| Filing 38 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:22-cv-00769. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (vba) |
| CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 1:21-cv-10078-PGG-SLC. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-10078-PGG-SLC. Notice of Assignment to follow. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (vba) |
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Filing 37
TRANSFER ORDER: For the foregoing reasons, the Court GRANTS Defendants' motion to transfer. The action is transferred to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1404. The Clerk of Court is respectfully directed to close this action. Ordered by Judge William F. Kuntz, II on 2/8/2023. (IH) [Transferred from New York Eastern on 2/23/2023.]
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Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.Ordered by Judge William F. Kuntz, II on 2/8/2023. (IH) [Transferred from New York Eastern on 2/23/2023.]
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| Filing 36 Letter to Judge Kuntz regarding decision by Judge Paul Gardephe denying transfer to the Eastern District of New York by Ferary Girgin, Emanuel Klein, Neil J. Weissman (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 35 RESPONSE in Opposition re #34 MOTION for pre motion conference to compel Plaintiff SKMF Queens Realty LLC to deposit $6,250,000 with the Court which SKMF Queens Management LLC received from a refinancing of real property and withheld from Defendants filed by HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 34 MOTION for pre motion conference to compel Plaintiff SKMF Queens Realty LLC to deposit $6,250,000 with the Court which SKMF Queens Management LLC received from a refinancing of real property and withheld from Defendants by Ferary Girgin, Neil J. Weissman. (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.] |
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Filing 33
ORDER: The Court is in receipt of the letter filed by Defendants Neil J. Weissman and FerayGirgin ("Defendants") in the above-captioned action. ECF No. #32 . The Court does not excuse the requirement of courtesy copies of all of the papers filed in support of and in opposition to Defendants' motion to dismiss, and would appreciate the delivery of these hard copies to chambers. So Ordered by Judge William F. Kuntz, II on 8/26/2022. (Yu, Stephanie) [Transferred from New York Eastern on 2/23/2023.]
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| Filing 32 Letter re courtesy copies of Motion to Dismiss to chambers by Ferary Girgin, Emanuel Klein, Neil J. Weissman (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 31 Letter pursuant to Section III(G)(1) of the Individual Motion Practices and Rules of District Judge William F. Kuntz, II by Ferary Girgin, Emanuel Klein, Neil J. Weissman (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 30 REPLY in Support re #28 Memorandum in Opposition, #29 Fully Briefed MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by All Defendants. (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 29 Fully Briefed MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Ferary Girgin, Emanuel Klein, Neil J. Weissman. (Attachments: #1 Memorandum in Support, #2 Declaration Declaration of Gary Rosen, Esq., #3 Exhibit EXHIBIT 1, #4 Exhibit EXHIBIT 2, #5 Exhibit EXHIBIT 3, #6 Exhibit EXHIBIT 4, #7 Exhibit EXHIBIT 5, #8 Exhibit EXHIBIT 6, #9 Exhibit EXHIBIT 7, #10 Exhibit EXHIBIT 8, #11 Exhibit EXHIBIT 9, #12 Exhibit EXHIBIT 10) (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 28 MEMORANDUM in Opposition to Defendants' Motion to Dismiss filed by All Plaintiffs. (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
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Filing 27
ORDER re #26 Stipulation filed by Ferary Girgin, Neil J. Weissman, Emanuel Klein: The application has been granted. So Ordered by Judge William F. Kuntz, II on 8/19/2022. (Herrera, Isaiah) [Transferred from New York Eastern on 2/23/2023.]
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Filing 26
STIPULATION for extension of time to file reply to motion to dismiss requested to be so-ordered by Judge Kuntz by Ferary Girgin, Emanuel Klein, Neil J. Weissman (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.]
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| Filing 25 NOTICE of Appearance by Joseph A. Hyland on behalf of Emanuel Klein (aty to be noticed) (Hyland, Joseph) [Transferred from New York Eastern on 2/23/2023.] |
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Filing 24
JOINT STIPULATION AND ORDER REGARDING THE MOTION TO DISMISS: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel of record for, as follows: 1. Defendants omnibus reply will be due on August 18, 2022. 2. The Parties reserve all rights to seek to modify, alter or amend this Stipulation and Order, for good cause shown. So Ordered by Judge William F. Kuntz, II on 8/5/2022. (Yu, Stephanie) [Transferred from New York Eastern on 2/23/2023.]
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| Filing 23 Joint MOTION for Extension of Time to File Response/Reply as to #16 Order, #22 Letter, #21 Letter by Stipulation and Proposed Order by Ferary Girgin, Neil J. Weissman. (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 22 Letter re Service of Plaintiffs Memorandum of Law in Opposition to Defendants Motion to Dismiss by HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 21 Letter COPY OF LETTER to Plaintiffs counsel with motion to dismiss the amended complaint by Ferary Girgin, Emanuel Klein, Neil J. Weissman (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 20 AMENDED COMPLAINT against Ferary Girgin, Emanuel Klein, Neil J. Weissman, filed by SKMF Hoe Management LLC, Victory Blvd Associate LLC, SKMF Queens Management LLC, SKMF Vyse Management LLC, MHYS Bronx Holdings LLC, SKMF Realty Management LLC, HMF Affiliates LLC, LIC Hotel Property MH LLC, SKMF Bryant Management LLC. (Attachments: #1 Exhibit Ex. A - Operating Agreements, #2 Exhibit Ex. B - Amended Operating Agreements, #3 Exhibit Ex. C - Promissory Note, #4 Exhibit Ex. D - Letter, #5 Exhibit Ex. E - UCC-1 filings, #6 Exhibit Ex. F - Letter to counsel, #7 Exhibit Ex. G - UCC -3 termination Statements, #8 Exhibit Ex. H - S&C Bronx and Richmond, #9 Exhibit Ex. I- Notices of Pendency, #10 Exhibit Ex. J - Orders (Updated), #11 Exhibit Ex. K - Additional UCC-1s) (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
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Filing 19
ORDER: The Court DENIES Plaintiffs request for a pre-motion conference and GRANTS Plaintiffs motion to amend the complaint. ECF No. 17. Rule 15 of the Federal Rules of Civil Procedure states that leave to amend the complaint shall be freely given when justice so requires. Fed. R. Civ. P. 15(a)(2). A plaintiffs request to amend its complaint should thus not be denied unless there is evidence of undue delay, bad faith, undue prejudice to the non-movant, or futility. Shenzhen OKT Lighting Co. v. JLC-Tech LLC, No. 20 Civ. 5062 (ER), 2021 U.S. Dist. LEXIS 185703, at *14 (S.D.N.Y. Sept. 28, 2021) (Ramos, J.) (quoting Milanese v. Rust-Oleum Corp., 244 F.3d 104, 110 (2d Cir. 2001)). None of these reasons apply here. In light of this Order, the Court DENIES the pending motion to dismiss as moot, ECF No. 9, DENIES Plaintiffs request for an extension of time to respond to the motion as moot, ECF No. 18, and GRANTS Defendants leave to re-file the motion after Plaintiffs have filed its amended complaint. Ordered by Judge William F. Kuntz, II on 6/17/2022. (Herrera, Isaiah) [Transferred from New York Eastern on 2/23/2023.]
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| Filing 18 Letter MOTION for Extension of Time to File Response/Reply by HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC. (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 17 MOTION for Leave to File Document Amended Complaint by HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC. (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
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Filing 16
JOINT STIPULATION AND ORDER REGARDING MOTION TO DISMISS BRIEFING: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel of record for, as follows: 1. Plaintiffs' omnibus response will be due on June 20, 2022; and 2. Defendants omnibus reply will be due on July 20, 2022. 3. The Parties reserve all rights to seek to modify, alter or amend this Stipulation and Order, for good cause shown. So Ordered by Judge William F. Kuntz, II on 6/2/2022. (Yu, Stephanie) [Transferred from New York Eastern on 2/23/2023.]
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| Filing 15 STIPULATION AND [PROPOSED] ORDER REGARDING MOTION TO DISMISS BRIEFING by HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 14 Letter to Plaintiffs' counsel with Motion to Dismiss and accompanying documents by Ferary Girgin, Emanuel Klein, Neil J. Weissman (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 13 NOTICE of Appearance by Rachelle Rosenberg on behalf of All Plaintiffs (notification declined or already on case) (Rosenberg, Rachelle) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 12 NOTICE of Appearance by Robert P. O'Brien on behalf of Emanuel Klein (notification declined or already on case) (O'Brien, Robert) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 11 NOTICE of Appearance by Brianna Kay Pierce on behalf of HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC (aty to be noticed) (Pierce, Brianna) [Transferred from New York Eastern on 2/23/2023.] |
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Filing 10
ORDER: Because of the ongoing COVID-19 pandemic, the Court has suspended its pre-motion conference requirement. Therefore, the Court DENIES as moot Defendants Neil J. Weissman and Feray Girgin's (Defendants) request for a pre-motion conference, ECF No. #9 , and GRANTS Defendants leave to file the anticipated motions. The Court ORDERS the following briefing schedule: Defendants shall submit both motions in an omnibus memorandum of law of up to 50 pages by Friday, May 6, 2022 at 5:00 P.M.; Plaintiffs shall submit an omnibus response to both motions of up to 50 pages by Monday, June 6, 2022 at 5:00 P.M.; and Defendants shall submit an omnibus reply, if any, of up to 20 pages by Wednesday, July 6, 2022 at 5:00 P.M. As a courtesy, the Court requests the parties refrain from filing motion papers until the motion has been fully briefed. If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other party along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file their individual motion papers by 5:00 P.M. So Ordered by Judge William F. Kuntz, II on 4/1/2022. (Yu, Stephanie) [Transferred from New York Eastern on 2/23/2023.]
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| Filing 9 Letter MOTION for pre motion conference re #1 Complaint,, by Ferary Girgin, Neil J. Weissman. (Rosen, Gary) [Transferred from New York Eastern on 2/23/2023.] |
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Filing 8
ORDER re #7 Stipulation, filed by MHYS Bronx Holdings LLC, SKMF Vyse Management LLC, SKMF Realty Management LLC, HMF Affiliates LLC, LIC Hotel Property MH LLC, SKMF Hoe Management LLC, SKMF Bryant Management LLC, SKMF Queens Management LLC, Victory Blvd Associate LLC. The application has been granted. So Ordered by Judge William F. Kuntz, II on 3/7/2022. (Herrera, Isaiah) [Transferred from New York Eastern on 2/23/2023.]
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| Filing 7 STIPULATION AND [PROPOSED] ORDER REGARDING SERVICE OF PROCESS AND RESPONSIVE PAPERS SCHEDULE by HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 6 Letter from Constantine P. Economides to Judge William F. Kuntz re Related Case by HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 5 Summons Issued as to All Defendants. (Davis, Kimberly) (Main Document 5 replaced on 2/14/2022) (Davis, Kimberly). [Transferred from New York Eastern on 2/23/2023.] |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 4 Civil Cover Sheet.. Re #1 Complaint,, by HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page must be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Neptune, Pierre) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 3 Proposed Summons. Re #1 Complaint,, by HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint,, by HMF Affiliates LLC, LIC Hotel Property MH LLC, MHYS Bronx Holdings LLC, SKMF Bryant Management LLC, SKMF Hoe Management LLC, SKMF Queens Management LLC, SKMF Realty Management LLC, SKMF Vyse Management LLC, Victory Blvd Associate LLC (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
| Filing 1 COMPLAINT against Ferary Girgin, as personal representatives of the Estate of Sam Klein, Emanuel Klein, Neil J. Weissman filing fee $ 402, receipt number ANYEDC-15281223 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by SKMF Hoe Management LLC, Victory Blvd Associate LLC, SKMF Queens Management LLC, SKMF Vyse Management LLC, MHYS Bronx Holdings LLC, SKMF Realty Management LLC, HMF Affiliates LLC, LIC Hotel Property MH LLC, SKMF Bryant Management LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Economides, Constantine) [Transferred from New York Eastern on 2/23/2023.] |
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