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Holland & Knight

31 West 52nd Street | New York, NY 10019 | T 212.513.3200 | F 212.385.9010


Holland & Knight LLP | www.hklaw.com

Mitchell J. Geller
(212) 513-3483
mitchell.geller@hklaw.com

September 17, 2018

VIA NYSCEF AND BY HAND

Justice Leonard Livote

Supreme Court, Queens County,


Commercial Division Part 33, Courtroom 122

88-11 Sutphin Blvd

Jamaica, New York, 11435

Re: KCM Realty Company. LLP v. New Ram Realty LLC, Index No. 712807/2016;
Request For Extension Of Time To File Summary Judgment Motion

Dear Justice Livote;

We represent the Plaintiff KCM L.P. in the above-


Realty Company, ("Plaintiff")
referenced action against Defendant New Ram Realty LLC ("Defendant"). The purpose of this

letter is to request an extension of the time to file a summary judgment motion from October 4.
2018 to October 16, 2018. Defendant's counsel has consented to the extension, but has objected
to the proposed briefing schedule.

By an Order entered on June 27, 2018, this Court extended the time to file summary
judgment motions to October 4. 2018. (A copy of this June 27, 2018 Order is annexed hereto as
Exhibit 1). By e-mails dated September 7 and 11, 2018 to Clifford Greene,-Defendant's counsel,
I requested Defendant's consent to the extension of the time to file summary judgment motions
from October 4 to October 16, 2018. By an e-mail dated September 11, 2018, Mr. Greene stated
time."
that "I don't have a problem extending (A copy of Mr. Greene's September 11, 2018 e-mail
and my September 7 and 11, 2018 e-mails is annexed hereto as Exhibit 2.)

On September 14, .2018, I proposed the following briefing schedule on the summary
judgment motion to Mr. Greene:

October 16 , 2018 - of judgment motion


Filing summary
November 13, 2018- Opposing papers to summary judgment motion (1 month).
December 3,_2013- papers on judgment motion (3 weeks).
Reply summary
December 4. 2018- Return Date of summary judgment motion.

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Justice Leonard Livote

September 17, 2018

Page 2

Although Mr. Greene, Defendant's counsel, has agreed to the extension of the time to file

summary judgment motions to October 16, 2018, he does not agree to the proposed briefing
schedule, which Plaintiff believes is very reasonable and affords more than sufficient time to
submit opposing and reply papers on the motion.

Plaintiff respectfully requests a conference call among Kevin Morrissey, your law clerk,
and counsel for the parties as soon as possible to discuss the requested extension and the briefmg
ordered"
schedule in an effort to reach a Stipulation that would be "so by Your Honor.

Respectfully submitted,

Mitchell J. Geller

cc: Clifford Greene, Esq. (By NYSCEF)


Attorneys for Defendant

#60648530 vI
Exhibit 1
NYSCEF DOC, NO. 91
RECEIVED N CEF: 05/01/201E

SUPREME COURT CIVIL TERM Index No.


COUNTY OF QUEENS ,...

Motion Calendar No.

SEQUENCE No.
)

Plaintiff )

-against- . ) REFEREE
)

Defendant ) DATE

The parties to this action agree as follows:

FILED

) SO ORD
MAY 1 • .2018

COUNTYCLERK

. LEONARD UV

·Page 1 fo
Exhibit 2
Mitchell J (NYC -
Geller, X73483)

From: Clifford Greene <cliff@chgandassociates.com>


Sent: Tuesday, September 11, 2018 2:50 PM
To: Mitchell J (NYC -
Geller, X73483)
Cc: Stosh (NYC -
Silivos, X73533)
Subject: RE: KCM v. New Ram- Potential Schedule'on Plaintiff's
Realty Briefing Summary
Judgment Motion-URGENT

Mitchel,

I don't have a problem extending time, will get back to tomorrow or Thursday.

Regards,

cliff

CLIFFORD H. GREENE & ASSOCIATES


700 White Plains Post Road, Suite 309

Scarsdale, New York 10583


Bus 914-738-5992 Ext 22
Bus 914-472-5992 Ext 22
Fax 914-725-6160
Cell 914-498-5992

................................................................
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Electronic Communications Privacy Act 18 U.S.C. 2510-2521, is confidential and legally privileged. This email

is intended only for the use of the addressee and contains information belonging to the sender that may be confidential,

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telephone immediately at 914-738-5992 to arrange the return of the documents.

if the reader of this communication is NOT the intended recipient, you are hereby notified that any disclosure,

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From: Mitchell.Geller@hklaw.com <Mitchell.Geller@hklaw.com>

Sent: Tuesday, September 11, 2018 8:57 AM


To: Clifford Greene <cliff@chganda ss o ciates.com>
Cc: stosh.silivos@hklaw.com; Mitchell.Geller@hklaw.com
Subject: FW: KCM v. New Ram- Potential Schedule on Plaintiff's Judgment Motion-URGENT
Realty Briefing Summary
Importance: High

September 11, 2018

Cliff,

1
Please respond to my September 7 e-mail and advise me whether you agree to my proposal of a
Stipulation which extends Plaintiff's date to e-file the summary judgment motion and includes the

briefing schedule set forth in the September 7 e-mail.


Mitchell

Mitchell Geller | Holland & Knight


Partner

Holland & Knight LLP

31 West 52nd Street | New York, NY 10019

Phone 212.513.3483 | Cell 917.836.9909 |Fax 212.385.9010

mitchell.geller@hklaw.com www.hklaw.com

From: Geller, Mitchell J (NYC - X73483)


Sent: Friday, September 7, 2018 2:59 PM
To: cliff@cheandassociates.com
Cc: Silivos, Stosh (NYC - X73533) <stosh.silivos@hklaw.com>; Geller, Mitchell J (NYC - X73483)
<Mitchell.Geller@hklaw.com>

Subject: KCM v. New Ram- Potential Schedule on Plaintiff's Judgment Motion


Realty Briefing Summary
Importance: High

September 7, 2018

Cliff,
As you may recall, the time for plaintiff to e-file a summary judgment motion was extended to October

4, 2018. I would like to extend that date by a few weeks to October 16, 2018. I thought it would be a

good idea to submit a Stipulation to the Court which extends Plaintiff's date to e-file the summary
judgment motion and includes a briefing schedule satisfactory to you and nie under which defendant

would have additional time to serve opposing papers and plaintiff would have additional time to serve

reply papers. I propose the following dates:

October 16 - Plaintiff judgment motion


, 2018 e-files summary
November 2018- Defendant e-files papers
6, opposing
N_ovember 26. 2018- Plaintiff e-files reply papers
November 27. 2018- Return Date of motion

Please get back to me as soon as possible on my proposal. If you agree, I would like to submit the
ordered"
Stipulation to be "so by next Tuesday or Wednesday.

Mitchell

Mitchell Geller | Holland & Knight


Partner

Holland & Knight LLP

31 West 52nd Street | New York, NY 10019

Phone 212.513.3483 | Cell 917.836.9909 |Fax 212.385.9010

mitchell.geller@hklaw.com I www.hklaw.com