Kairos Credit Strategies Operating Partnership, LP, v. The Friars National Association, Inc. et al

Filing 108

ORDER granting 106 Letter Motion for Extension of Time to File. The Court will accept Defendant's counter statement of material facts and deem it timely filed. SO ORDERED. (Signed by Judge Arun Subramanian on 11/14/2023) (vfr)

Biolsi
Law PC
Group

Case 1:23-cv-02960-AS Document 106 Filed 11/08/23 Page 1 of 2

November 08, 2023
Via ECF
Honorable Arun Subramanian
United States District Court
Southern District of New York
500 Peal Street, Courtroom 15A
New York, NY 10007
Re:

111 Broadway, Suite 606
New York, NY 10006
212-706-1385
[e-mail]

The Court will accept Defendant's counter statement of
material facts and deem it timely filed.
SO ORDERED.

Arun Subramanian, U.S.D.J.
Date: November 14, 2023

Kairos Credit Strategies v The Friars National Association, Inc.
Case № 23-cv-02960
Letter Request To Accept Defendant’s Counter-Statement Of Material Facts And
To Provide Plaintiff “leave to file a short response to it.”

Dear Your Honor:
This office represents Defendant The Friars National Association, Inc. in this commercial
mortgage foreclosure action.
For reasons unknown to me, Defendant’s counter statement of material facts was not properly
uploaded by me to ECF on November 1, 2023 together with the rest of Defendant’s opposition
papers. I humbly submit the PDF version with this letter. I further humbly ask this court to
deem it filed with Defendant’s opposition papers.
I genuinely apologize for my error to the court and to Plaintiff. I have never made this error
before nor will it ever happen again.
Plaintiff acknowledges that it received the Microsoft Word version of the courter-statement (with
additional material facts) the following day (as required by Your Honor’s rules). To this end,
because counsel works off the word version, Plaintiff has not been prejudiced by the inadvertent
mistake in filing the same document in the PDF format on ECF (the word version would not be
signed by me).
Plaintiff further acknowledges that the 11 additional statements were “refuted in [Plaintiff’s]
reply.”
To this end, Defendant respectfully seeks to have the court accept the statement (submitted with
this letter request) as part of Defendant’s opposition papers. Should the court grant this request,
then, as requested by Plaintiff, in footnote 2 on page 4 of its Reply Memorandum, Defendant,
certainly, joins Plaintiff in its request “for leave to file a short response to it.”
Again, I apologize for the mistake. And, I appreciate your time and attention.
Respectfully submitted,
Steven Alexander Biolsi

Case 1:23-cv-02960-AS Document 106 Filed 11/08/23 Page 2 of 2

Cc: Via ECF to appearing parties including
Attorneys For Plaintiff Kairos Credit Strategies Operating Partnership, LP
[e-mail]
Mark S. Lichtenstein
Akerman LLP
1251 Avenue of the Americas
New York, NY 10020