Motion-Secondary: Ariel Bronxville Llc v. Saeid Tehrani, Shahla Tehrani A/K/A SHAHLE TEHRANI, Hsbc Mortgage Corporation (Usa), Bpd Bank, Manheim Automotive Financial Services

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                                FILED:         NASSAU        COUNTY         CLERK        01/03/2022             04:53       PM                      INDEX    NO.   015816/2010
   NYSCEF     DOC.   NO.   110                                                                                RECEIVED      NYSCEF:     01/03/2022




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF NASSAU
                   ARIEL BRONXVILLE LLC,                                               Index No.: 015816/2010

                                                                Plaintiff,
                                             - against -
                                                                                       REPLY ATTORNEY’S STATEMENT
                   SAEID TEHRANI, SHAHLA TEHRANI A/K/A                                 IN FURTHER SUPPORT OF
                   SHAHLE TEHRANI, HSBC MORTGAGE                                       PLAINTIFF’S MOTION
                   CORPORATION (USA); BPD BANK,                                        CHALLENGING DEFENDANT’S
                   MANHEIM AUTOMOTIVE FINANCIAL                                        HARDSHIP DECLARATION
                   SERVICES,
                                                                Defendants.            Mot. Seq. No. 8

                                                                                        Assigned to Foreclosure Part 2


                  STATE OF NEW YORK,
                  COUNTY OF NEW YORK.


                                    NICHOLAS        A.   SAVINO,      pursuant    to CPLR     2106    and  under   the  penalties   of

                  perjury, affirms:


                                    1.       I am an attorney admitted to practice law before the courts of the State of

                  New York associated with Zeichner Ellman & Krause LLP, attorneys for plaintiff Ariel Bronxville

                  LLC (“Ariel” or “Plaintiff”).


                                    2.       I make this reply statement in further support of           Plaintiff’s motion for an

                  order: (i) pursuant to Administrative Order 262/21 (“AO 262/21”) and Senate Bill S50001 (“SB

                  S50001”),     holding   that  the  Residential    Hardship    Declaration     filed  on  February    3,  2021   (the

                  “Hardship    Declaration”)     by  defendant    Saeid   Tehrani   (“Defendant”)     is invalid;   (ii)holding    that

                  there is no stay of proceedings, (iii) holding that this matter may proceed in the normal course; (iv)

                  holding that Plaintiff may immediately re-file a request to schedule a sale; and (v) granting such

                  other and further relief as the Court deems just and proper.




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   FILED:         NASSAU        COUNTY         CLERK        01/03/2022             04:53       PM                      INDEX    NO.   015816/2010
   NYSCEF     DOC.   NO.   110                                                                                RECEIVED      NYSCEF:     01/03/2022




                                                           PROCEDURAL HISTORY


                                    3.       The facts and procedural history are fully set forth in the Attorney Statement

                  of Nicholas A. Savino, Esq. dated November 8, 2021 previously submitted to the Court in support

                  of plaintiff’s motion (the “Savino Stmt.”).         For the sake of brevity, they are not repeated here.


                                    4.       It has  been   widely   reported   throughout    the  Pandemic     that there  has  been

                  exceptionally high demand for vehicles, which has caused the prices of new and used cars to soar.

                  See     https://www.businessinsider.com/why-used-new-cars-prices-are-expensive-charts-2021-10

                  (the “Business Insider Article”).       The Business Insider Article is annexed hereto and made a part

                  hereof as Exhibit A.


                                    5.       As recently as November 30, 2021, Forbes reported “that wholesale prices

                  for used car sales are still through the roof due to continued high demand and low supply . . . .”

                  See       https://www.forbes.com/sites/jimhenry/2021/11/30/used-cars-and-trucks-command-high-

                  prices-high-demand-low-supply/?sh=3e3801255ad3                  (the   “Forbes    Article”)   (emphasis     added).

                  The Forbes Article is annexed hereto and made a part hereof as Exhibit B.


                                    6.       In    fact,   car    dealership      profits    are    at    record     highs.        See

                  https://www.autonews.com/retail/why-average-dealership-profits-are-setting-new-records                          (the

                  “Auto News Article”).       The Auto News Article is annexed hereto and made a part hereof as Exhibit

                  C.


                                                                  CONCLUSION


                                    Based on the foregoing, the moving papers, the accompanying Reply Memorandum

                  of Law, and the pleadings and proceedings in this matter, the Court should hold that Defendant’s



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   FILED:         NASSAU        COUNTY         CLERK        01/03/2022             04:53       PM                      INDEX    NO.   015816/2010
   NYSCEF     DOC.   NO.   110                                                                                RECEIVED      NYSCEF:     01/03/2022




                  Residential Hardship Declaration is invalid and permit this matter to proceed in the normal course.

                  The Court should grant Plaintiff’s motion and such other and further relief as the Court deems just

                  and proper.


                  Dated:    January 3, 2022

                                                                        ________/s/      Nicholas        A.  Savino       _________
                                                                                         NICHOLAS A. SAVINO




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