According to his July 8, 2016 affirmation, on June 15, 2015, Royal's counsel, Kenneth Kanfer, called Thrasher to discuss the June 12 letter. (See Doc No. 34 at 3.) Kanfer claims that "Thrasher was perturbed that [Urban] had prematurely approached the EDC about subleasing the premises before the EDC was presented with a proposed Sublease." (See id.) Kanfer states that he informed Thrasher about the sublease and that it was subject to the City's consent. (See id.) According to Kanfer, "Thrasher requested that I provide him with the Sublease and a letter explaining the highlights." (See id. at 4.) Kanfer claims that immediately after his call with Thrasher, he called Abitbol, "read the June 12 letter to him,"[FN5] and informed him of his conversation with Thrasher. (See id. [emphasis added].) According to Kanfer, "[a]t the end of the call, we agreed that since I had spoken to . . . Thrasher, I would promptly draft a letter to . . . Thrasher which, for the first time, would include the Sublease as well as other materials that were requested." (See id.)
Immediately thereafter, Kanfer and Abitbol began collaborating on a written response to Thrasher. (See Doc No. 35 at 2-3 [email exchange].) Indeed, Abitbol expressly approved the final version of the response. (See id. at 2 ["Thank you, Ken (Kanfer). The letter is good to go"].)[FN6] That response took the form of {**53 Misc 3d at 454}a letter from Kanfer to Thrasher, dated June 16, 2015, on which Abitbol was copied:
"I am writing as a follow-up to our telephone conversation yesterday and in response to your letter dated June 12, 2015 addressed to [Royal]. This letter is also submitted on Royal's behalf for authority to Sublease the Premises to [Urban].