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Eli Inzlicht-Sprei M.D. et al v. Haim Kahan et al

Docket 511321/2024, New York State, Kings County, Supreme Court (Apr. 19, 2024)
Case TypeCommercial - Contract
TagsCommercial, Civil, Contract
Plaintiff Eli Inzlicht-sprei M.D.
Plaintiff Tiferes Yaakov, Inc.
Plaintiff Have Doctor Will Travel Medical, P.C.
...
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STIPULATION - WITHDRAWING MOTION/ORDER TO SHOW CAUSE (Motion #3)

Document Eli Inzlicht-Sprei M.D. et al v. Haim Kahan et al, 511321/2024, 62 (N.Y. Sup. Ct., Kings County Nov. 20, 2024)
WHEREAS, pending before the Court is Defendants Haim Kahan, Meshulem Feish Ben
WHEREAS, Plaintiffs have filed an Amended Complaint at NYSCEF No. 54-58 that names an additional defendant IDT Investor Group QOF LLC (“IDT”); and
WHEREAS, Plaintiffs have filed affidavits of service of the Amended Complaint at 59- 61; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, through their counsel, as follows: 1.
Defendants, IDT, Haim Kahan, Meshulem Feish Ben Mordechai, Inc. and CFA Broad Lender LLC, agree to service of the Amended Complaint and waive any defense based on improper service of the Summons or Amended Complaint; 3.
Defendants, IDT, Haim Kahan, Meshulem Feish Ben Mordechai, Inc. and CFA Broad Lender LLC, shall have until December 23, 2024 to file an answer or motion to dismiss the Amended Complaint; 4.
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STIPULATION - WITHDRAWING MOTION/ORDER TO SHOW CAUSE (Motion #4)

Document Eli Inzlicht-Sprei M.D. et al v. Haim Kahan et al, 511321/2024, 63 (N.Y. Sup. Ct., Kings County Nov. 20, 2024)
WHEREAS, pending before the Court is Defendants Haim Kahan, Meshulem Feish Ben
WHEREAS, Plaintiffs have filed an Amended Complaint at NYSCEF No. 54-58 that names an additional defendant IDT Investor Group QOF LLC (“IDT”); and
WHEREAS, Plaintiffs have filed affidavits of service of the Amended Complaint at 59- 61; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, through their counsel, as follows: 1.
Defendants, IDT, Haim Kahan, Meshulem Feish Ben Mordechai, Inc. and CFA Broad Lender LLC, agree to service of the Amended Complaint and waive any defense based on improper service of the Summons or Amended Complaint; 3.
Defendants, IDT, Haim Kahan, Meshulem Feish Ben Mordechai, Inc. and CFA Broad Lender LLC, shall have until December 23, 2024 to file an answer or motion to dismiss the Amended Complaint; 4.
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EXHIBIT(S) - E (Motion #3) April 17, 2024 Decision and Order Denying Plaintiffs' Motion in CFA Broad v. Propco Action

Document Eli Inzlicht-Sprei M.D. et al v. Haim Kahan et al, 511321/2024, 36 (N.Y. Sup. Ct., Kings County Aug. 4, 2024)
The following e-filed papers read herein: NYSCEF Doc Nos.: Proposed Order to Show Cause, Affirmations, and Exhibits Annexed 52, 58-68 Upon the foregoing papers, the purported intervenor-plaintiffs, Eli Inzlicht-Sprei, M.D., Tiferes Yaakov, Inc., and Have Doctor Will Travel Medical P.C. (collectively, the "intervenors"), have submitted for the Court's signature a proposed (as amended) "Order to Show Cause with Temporary Restraining Order" (NYSCEF Doc No. 63) (the "OSC") which, if granted, would have scheduled a hearing on the intervenors' underlying motion for leave to intervene, pursuant to CPLR 1012 and/or 1013, and, upon granting such leave, for an order granting them certain injunctive and other relief.'
papers submitted by the intervenors in support of the OSC, the Court declines to sign the OSC and, further, the Court denies intervenors leave to intervene in this action, pursuant to CPLR 1012 and/or 1013.
The purported intervenors, as general unsecured creditors of nonparty 'Haim Kahan, possess no interest, whether contractual or equitable, in the underlying property which is the subject of this action.
Further, leave to intervene, if granted, would unduly delay this action, as well as prejudice CFA whose motion for summary judgment (in Seq.
Because the intervenors' counsel, Philips Lytle, LLP (Jeffrey D. Coren, Esq.), has not formally appeared in this action, the clerk is directed to email a copy of the entered Order to JCoren@phillipslytle.
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EXHIBIT(S) - F (Motion #3) Notice of Entry of App. Div Order Affirming Denial of Plaintiffs' Emergency Motion in this Action

Document Eli Inzlicht-Sprei M.D. et al v. Haim Kahan et al, 511321/2024, 37 (N.Y. Sup. Ct., Kings County Aug. 4, 2024)
63, granting April a.m./p.m., _____, 2024, at why an Order should not be madeand entered, pursuant of the action herein on the merits, preliminary injunction, pending a final determination and enjoining Defendants, or their prohibiting agents, or anyone acting on their behalf from: parents, subsidiaries, affiliated entities,
Transferring, encumbering, selling, disposing of, or otherwise alienating from the liquidation in anyway all or any part of the Property, and of the Investment; Taking any action to consummate any transaction or agreement with
At an IAS Term, Part 75 of the Supreme Court of the State of NewYork, held in and for the County the Courthouse, at 360 Adams Street, of Kings, at Brooklyn, New York, on the 1$_day of April, 2024.
NYSCEFDoc Nos.: and Exhibits Annexed...... 1, 9-13 Upon the foregoing papers, the Court declines to sign - and denies all relief under - Plaintiffs' injunction proposed order under CPLRarticle to show cause with temporary restraining order for a preliminary from "[t]ransferring, Plaintiffs' $10 million 63 (NYSCEF Doc No. 9) which seeks to enjoin all Defendants in any way of, or otherwise alienating in Newark, New encumbering, selling, disposing investment in the property located at 520 Broad Street Jersey (the 'Property'), including but not limited to any interest in the Property or any interest an entity that owns the Property (the 'Investment'), or any funds resulting from the liquidation of the Investment; and ... [t]aking any action to consummate any transaction or agreement with any other party that would, directly or indirectly, alienate, encumber, dispose of, transfer,
Application by the plaintiffs pursuant to CPLR 5704(a) to execute the foregoing order to show cause, which the Supreme Court, Kings County, declined to sign on April 25, 2024, and to instate the interim relief contained therein.
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EXHIBIT(S) - B (Motion #2) Appellate Division Order

Document Eli Inzlicht-Sprei M.D. et al v. Haim Kahan et al, 511321/2024, 29 (N.Y. Sup. Ct., Kings County Jun. 25, 2024)
63, granting April a.m./p.m., _____, 2024, at why an Order should not be madeand entered, pursuant of the action herein on the merits, preliminary injunction, pending a final determination and enjoining Defendants, or their prohibiting agents, or anyone acting on their behalf from: parents, subsidiaries, affiliated entities,
Transferring, encumbering, selling, disposing of, or otherwise alienating from the liquidation in anyway all or any part of the Property, and of the Investment; Taking any action to consummate any transaction or agreement with
At an IAS Term, Part 75 of the Supreme Court of the State of NewYork, held in and for the County the Courthouse, at 360 Adams Street, of Kings, at Brooklyn, New York, on the 1$_day of April, 2024.
NYSCEFDoc Nos.: and Exhibits Annexed...... 1, 9-13 Upon the foregoing papers, the Court declines to sign - and denies all relief under - Plaintiffs' injunction proposed order under CPLRarticle to show cause with temporary restraining order for a preliminary from "[t]ransferring, Plaintiffs' $10 million 63 (NYSCEF Doc No. 9) which seeks to enjoin all Defendants in any way of, or otherwise alienating in Newark, New encumbering, selling, disposing investment in the property located at 520 Broad Street Jersey (the 'Property'), including but not limited to any interest in the Property or any interest an entity that owns the Property (the 'Investment'), or any funds resulting from the liquidation of the Investment; and ... [t]aking any action to consummate any transaction or agreement with any other party that would, directly or indirectly, alienate, encumber, dispose of, transfer,
Application by the plaintiffs pursuant to CPLR 5704(a) to execute the foregoing order to show cause, which the Supreme Court, Kings County, declined to sign on April 25, 2024, and to instate the interim relief contained therein.
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EXHIBIT(S) - A (Motion #2) Order

Document Eli Inzlicht-Sprei M.D. et al v. Haim Kahan et al, 511321/2024, 28 (N.Y. Sup. Ct., Kings County Jun. 25, 2024)
and Exhibits Annexed" " ' NYS CEF Doc Nos.: 1 , 9- 1 3 - Upon the foregoing papers, the Cowl declines to sign arld denies all relief under - Plaintiffs' proposed order to show cause with temporary restraining order for a preliminary injunction under CPLR article 63 (NYSCEF Doc No. 9) which seeks to enjoin all Defendants from "[t]ransferring, encumbering, selling, disposing of, or otherwise alienating in any way Plaintiffs' $10 million investment in the property located at 520 Broad Street in Newark, New Jersey (the 'Property').
Thus, Plaintiffs are not entitled to any restraining or injunctive relief (irrespective of its nature) as against defendants CFA and Broad Street.
Nothing contained herein precludes Plaintiffs (ifthey be so advised) from seeking relief by notice of motion (rather than by order to show cause) as against defendants Kahan and
Nothing contained herein shall impair the respective rights and obligations ofCFA and Broad Street under the Decision and Order.
dated April 19.2024. entered in the prior action under NYSCEF Doc No. 73, which (fbr the reasons stated therein) granted CFA summary
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NOTICE OF ENTRY/COPY OF ENTERED ORDER/PROOF OF SERVICE (Motion #1) 2nd Dept - Denial of Plaintiff's Application

Document Eli Inzlicht-Sprei M.D. et al v. Haim Kahan et al, 511321/2024, 25 (N.Y. Sup. Ct., Kings County May. 29, 2024)
63, granting April a.m./p.m., _____, 2024, at why an Order should not be madeand entered, pursuant of the action herein on the merits, preliminary injunction, pending a final determination and enjoining Defendants, or their prohibiting agents, or anyone acting on their behalf from: parents, subsidiaries, affiliated entities,
the Investment, or any funds resulting any other party that would, directly or indirectly, alienate, encumber, dispose of, transfer, or otherwise interfere with all or any part of the Property, the Investment, or any funds resulting which it and it from the liquidation of the Investment; is further ORDEREDthat service of the Summons, Verified Complaint, and this Order together with copies of the papers upon last known to Defendants at their Order, to ShowCauseand Temporary Restraining shall be made by overnight mail counsel, on or before April is granted, address, or by overnight mail and email that such service shall be deemedgood and sufficient to their _, 2024; and service; and it is further ORDEREDthat Defendants' by NYSCEFfiling on or before ORDEREDthat Plaintiffs' Defendants by NYSCEFfiling answering papers, if any, shall be served upon , 2024; and it is further if any, shall be served upon , 2024.
At an IAS Term, Part 75 of the Supreme Court of the State of NewYork, held in and for the County the Courthouse, at 360 Adams Street, of Kings, at Brooklyn, New York, on the 1$_day of April, 2024.
papers read herein: The following e-filed Proposed Order to ShowCause, Affirmations, NYSCEFDoc Nos.: and Exhibits Annexed...... 1, 9-13 Upon the foregoing papers, the Court declines to sign - and denies all relief under - Plaintiffs' injunction proposed order under CPLRarticle to show cause with temporary restraining order for a preliminary from "[t]ransferring, Plaintiffs' $10 million 63 (NYSCEF Doc No. 9) which seeks to enjoin all Defendants in any way of, or otherwise alienating in Newark, New encumbering, selling, disposing investment in the property located at 520 Broad Street Jersey (the 'Property'), including but not limited to any interest in the Property or any interest an entity that owns the Property (the 'Investment'), or any funds resulting from the liquidation of the Investment; and ... [t]aking any action to consummate any transaction or agreement with any other party that would, directly or indirectly, alienate, encumber, dispose of, transfer,
Application by the plaintiffs pursuant to CPLR 5704(a) to execute the foregoing order to show cause, which the Supreme Court, Kings County, declined to sign on April 25, 2024, and to instate the interim relief contained therein.
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