Kenneth Skolnick, Plaintiff, v. ALB LLC ALB HOLDINGS 25 PARK AT 1296 THIRD AVENUE LLC 25 PARK ANDREW BRETTSCHNEIDER ALISON BRETTSCHNEIDER (2025)

The following papers numbered 1 to 2 were read on this motion:

Papers Numbered

Notice of Motion, Affidavit and Exhibits 1

Memorandum of Law 2

Plaintiff brings his motion seeking (1) summary judgment in lieu of complaint against defendants, jointly and severally, and awarding him a money judgment of no less than $3,107,500; (2) summary judgment against the guarantors ALB Holdings LLC, d/b/a ALB Holdings ("ALB"), Andrew Brettschneider ("Andrew") and Alison Brettschneider ("Alison"), jointly and severally, and a money judgment; (3) any additional interest due and owing not included in the foregoing amount, up until the time of Judgment, with interest at the rate of 15% per annum on any unpaid principal, as set forth in the Note and Guaranty; and (4) reasonable attorneys' fees and costs incurred by plaintiff in enforcing his rights and remedies under the Note, the Guaranty and the Note Extension and Ratification agreements.

Despite proper service of the summons with notice and this motion for summary judgment in lieu of complaint, the Court received no opposition from any defendant. The Court notes that Andrew was served personally, and Alison signed an Acknowledgement of Service.

The facts are straightforward. On February 28, 2011, plaintiff loaned $1,000,000 to defendants (the "Loan"). The Loan was due on February 15, 2012 (the "First Due Date"). At the same time, Andrew, Alison and ALB  ¹ signed a guaranty. In February 2016, the same parties signed an extension agreement, which extended the due date of the Loan until February 2017. In that agreement, defendants not only admitted that they had made no payments toward the Loan, but also reaffirmed the principal amount owed. Thereafter, in January 2023,² the parties again entered into an extension agreement, extending the Loan through February 2025. This agreement again acknowledged and affirmed both the debt and that no payments had been made thereon.

There is no dispute that to date, there have been no payments on the Loan. There is also no dispute that the interest rate before the First Due Date was 6%, but that the interest rose to 15% per year after that date. There is further no dispute that the note includes an award of reasonable attorneys' fees if a lawsuit is needed.

Plaintiff submits calculations to the Court of the amount due through September 15, 2025. He calculates the interest at 6% for the first year, and then 15% thereafter, for a total due of $3,097,500 in principal and interest through September 15, 2025. He then includes an additional $10,000 in reasonable attorneys' fees, for a total due of $3,107,500.

As there is no opposition to this motion, the Court grants it as set forth herein. Plaintiff may submit a proposed Judgment to the Judgment Clerk, in the amount of $3,107,500, plus interest at the statutory rate from the date of entry of this Decision and Order, and shall send a copy to defendants by overnight mail at their last known addresses within two business days. Plaintiff shall also send a copy of this Decision and Order to defendants by overnight mail within two business days of receipt. In future, plaintiff shall submit a proposed Order with similar motions.

The foregoing constitutes the decision and order of the Court.

Dated: November 17, 2025

White Plains, New York

HON. LINDA S. JAMIESON

Justice of the Supreme Court

FOOTNOTES

1.   In the guaranty portion of the Loan, ALB is mistyped as AB.

2.   Plaintiff does not explain what happened between February 2017 and January 2023, when there was no extension agreement in place.

Linda S. Jamieson, J.