DOCKET NO: HHDCV206125156S
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`SUPERIOR COURT
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`ORDER 435707
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`LORD KRISHNA 5 ELLA GRASSO, LLC
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` V.
`BDL REAL ESTATE HOLDINGS, LLC
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`JUDICIAL DISTRICT OF HARTFORD
` AT HARTFORD
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`9/30/2020
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`ORDER
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`ORDER REGARDING:
`07/20/2020 107.00 NOTICE OF APPLICATION FOR PREJUDGMENT REMEDY / HEARING (JD-
`CV-53)
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`The foregoing, having been considered by the Court, is hereby:
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`ORDER: GRANTED
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`This matter came before the court on the application of the plaintiff, Lord Krishna 5 Ella Grasso, LLC
`for a pre-judgment attachment of assets of the defendant, BDL Real Estate Holdings, LLC, to secure a
`judgment in favor of the plaintiff. After a hearing held on even date herewith in which the court received
`evidence from Neel Patel and exhibits the court makes the following findings of fact.
`The defendant received notice of the PJR hearing and made default of appearance. On October 16, 2018,
`the plaintiff executed an Option Agreement with the Town of Windsor Locks relative to certain property
`owned by the plaintiff known as 5 Ella T. Grasso Turnpike, Windsor Locks and 11 Ella T. Grasso
`Turnpike, Windsor Locks, with buildings and improvements thereon including a hotel and parking area
`(property). The Option Agreement provided the Town with the right to purchase the property in the
`period up to December 31, 2018, for a specified price. On December 31, 2018, the Town assigned all
`rights and interest in the Option Agreement to the defendant. On February 11, 2019, the plaintiff
`amended the Option Agreement to extend the option period through September 30, 2019. On September
`30, 2019, the plaintiff and the defendant signed an option exercise agreement in which the defendant
`agreed to purchase the property on or before December 31, 2019. Additionally, the defendant agreed to
`pay certain sums to the plaintiff including a payment of $150,000 on December 1, 2019. The Option
`Exercise Agreement contained a liquidated damages clause in the amount of $300,000, which the court
`finds reasonable and not punitive. The defendant has not paid the $150,000 payment due in December of
`2019 and did not purchase the property all in breach and violation of the Option Exercise Agreement.
`The court finds that the plaintiff has proven probable cause that judgment will be rendered for the
`plaintiff in an amount of $450,000 representing the December payment and the liquidated damages. The
`plaintiff has not proven with sufficient specificity entitlement to damages in excess of this amount.
`It is ordered that the plaintiff may attach to the value of $450,000 the goods or estate of the defendant.
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`Judicial Notice (JDNO) was sent regarding this order.
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`435707
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`Judge: CESAR A NOBLE
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`This document may be signed or verified electronically and has the same validity and status as a document with a physical
`(pen-to-paper) signature. For more information, see Section I.E. of the State of Connecticut Superior Court E-Services
`Procedures and Technical Standards (https://jud.ct.gov/external/super/E-Services/e-standards.pdf), section 51-193c of the
`Connecticut General Statutes and Connecticut Practice Book Section 4-4.
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`HHDCV206125156S 9/30/2020
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