FILED: KINGS COUNTY CLERK 10/26/2016 03:38 PM INDEX NO. 512876/2015 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/26/2016 EXHIBIT A
FILED: KINGS COUNTY CLERK 10/21/2015 02:58 PM INDEX NO. 512876/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/21/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JEFFREY BERMAN ARCHITECT, Plaintiff, Index No. -against- SUMMONS ROBERT KODSI, M.D., BP GROUP DE LLC, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as trustee, on behalf of THE REGISTERED HOLDERS OF CITIGROUP COMMERCIAL MORTGAGE SECURITIES, INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2014-GC25, Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer on the plaintiff s attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the verified complaint. The basis of the venue desinated is the location of the real property involved in plaintiff s causes of action, 6010 Bay Parkway, Brooklyn, New York 11204. 505047_1/00209-0010
Dated: New York, New York October 21, 2015 INGRAM YUZEK GAINEN CARROLL & BERTOLOTTI, LLP By: La y F. G Se n T. Scuderi Attorneys for Plaintiff 250 Park Avenue New York, New York 10177 Telephone: (212) 907-9600 To: Robert Kodsi, M.D. 925 48 th Street Brooklyn, New York 11219 BP Group DE LLC 620 Foster Avenue, Suite 301 Brooklyn, New York 11230 Deutsche Bank Trust Company Americas 60 Wall Street_ New York, New York 10005 505047_1/00209-0010
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JEFFREY BERMAN ARCHITECT, Plaintiff, Index No. -against- COMPLAINT ROBERT KODSI, M.D., BP GROUP DE LLC, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as trustee, on behalf of THE REGISTERED HOLDERS OF CITIGROUP COMMERCIAL MORTGAGE SECURITIES, INC.,. COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2014-GC25, Defendants. Plaintiff, Jeffrey Berman Architect ("Plaintiff'), by its attorneys Ingram Yuzek Gainen Carroll & Rertolotti, T T P, nc nnd for its Complaint ngqinct defendantc Robert Kodsi, M.n BP Group DE LLC, and Deutsche Bank Trust Company Americas, as trustee, on behalf of the Registered Holders of Citigroup Commercial Mortgage Securities, Inc., Commercial Mortgage Pass-Through Certificates, Series 2014-GC25 (collectively "Defendants") alleges as follows: NATURE OF THE DISPUTE 1. Plaintiff, an architectural firm, brings this action against Defendants to seek enforcement of its contract with defendant Robert Kodsi, M.D. to obtain outstanding fees relating to architectural services provided by Plaintiff for the design and construction administration of an ambulatory center at 6010 Bay Parkway, Brooklyn, New York 11204. Robert Kodsi, M.D., in breach of his contract with Plaintiff, failed to compensate Plaintiff for certain architectural services provided in furtherance of the project. Plaintiff is currently owed $101,102.26 by Robert Kodsi, M.D. for uncompensated architectural services. 504058_1/00209-0010
2. Plaintiff also brings this action to foreclose on its mechanic's lien filed against the real property located at 6010 Bay Parkway, Brooklyn, New York, which is the site of the construction project for which Plaintiff provided its uncompensated architectural services. On June 23, 2015, Plaintiff filed a Notice of Mechanic's Lien in the amount of $101,102.26 with the Clerk of Kings County. This Notice of Mechanic's Lien was served upon Defendants by certified mail, return receipt requested, and complied in all respects with the requirements of the Lien Law of the State of New York. As no portion of this mechanic's lien has been paid, waived, cancelled or discharged, Plaintiff seeks to foreclose the Notice of Mechanic's Lien. PARTIES 3. Plaintiff, Jeffrey Berman Architect, is a sole proprietorship owned by Jeffrey Berman, AIA, ACHA, and its pr ncipal place of business is located at 545 Eighth Avenue, 18 th Floor, New York, NY 10018. 4. Upon information and belief, defendant Robert Kodsi, M.D. ("Kodsi") is an individual whose principal place of business is at 925 48 1h Street, Brooklyn, NY 11219. 5. Upon information and belief, Kodsi and/or Kodsi's medical practice leases units at the building located at 6010 Bay Parkway, Brooklyn, New York 11204 (the "Property"). 6. Upon information and belief, defendant BP Group DE LLC ("BP Group") is a limited liability corporation existing under and by virtue of the laws of the State of New York with its principal place of business at 620 Foster Avenue, Suite 301, Brooklyn, NY 11230. 7. Upon information and belief, BP Group owns the Property. 8. Upon information and belief, defendant Deutsche Bank Trust Company Americas ("Deutsche Bank") is a New York corporation with its principal place of business at 60 Wall Street, New York, New York 10005. 504058_1/00209-0010 -2-
9. Upon information and belief, Deutsche Bank, as trustee, on behalf of the Registered Holders of Citigroup Commercial Mortgage Securities, Inc., Commercial Mortgages Pass-Through Certificates, Series 2014-GC25 currently holds a mortgage on the Property in the principal amount of $49,000,000.00. JURISDICTION AND VENUE 10. The Court has jurisdiction over this action pursuant to CPLR 301 as the parties are domiciled in and/or conduct business in the State of New York. 11. Venue is proper in Kings County pursuant to CPLR 507 because Kodsi's and BP Group's principal places of business are located in Kings County, and the real property involved in Plaintiff's causes of action, 6010 Bay Parkway, Brooklyn, New York, is located in Kings County. FACTS 12. BP Group is the owner of the Property. 13. The Property is a seven-story medical office building with garage. 14. Upon information and belief, Kodsi and/or Kodsi's medical practice leases units at the Property. 15. On or about April 21, 2011, Kodsi accepted Plaintiff's proposal (the "Proposal") to provide architectural services for the design of a multi-specialty ambulatory surgery center at the Property for use by his medical practice (the "Project"). The Project, which spanned 18,000 square feet of the Property, was comprised of six procedure rooms and two operating rooms requiring emergency power, medical gas systems, and life safety systems. 16. On or about April 21, 2011, Kodsi and Plaintiff executed the Master Agreement, which outlined various terms and conditions for Plaintiff's architectural services at the Project. 504058_1/00209-0010 -3-
17. The Proposal and Master Agreement, which incorporated the Proposal, constituted Plaintiff's and Kodsi's full agreement for Plaintiff's architectural services for the Project. 18. Pursuant to the Proposal, Kodsi was to compensate Plaintiff $400,000.00 for the basic architectural services outlined in the Proposal. 19. Plaintiff's basic services were broken down into various phases of service, which were each compensated by a certain percentage of the $400,000.00 fee agreed to by Plaintiff and Kodsi in the Proposal. 20. Pursuant to Article 5 of the Master Agreement, Plaintiff was permitted to invoice Kodsi monthly in proportion to services performed in each phase of service. 21. Pursuant to Article 5 of the Master Agreement, additional services were to be compensated in accordance with Plaintiff s hourly rates and billed to Kodsi monthly. 22. In or about August 2011, Kodsi requested that Plaintiff provide architectural services for the design of an IVF procedure suite on the 8 th floor of the Property, adjacent to the ambulatory surgery center. These services were not included in Plaintiff s original scope of work as outlined in the Proposal. 23. Plaintiff submitted an additional service request memorializing Plaintiff and Kodsi's agreement that Plaintiff would provide architectural services for the design of an IVF procedure suite at the Property. 24. Kodsi agreed to provide Plaintiff with an additional fee of $48,000.00 for the design of the IVF procedure suite. 504058_1/00209-0010 -4-
25. In or about July 2012, Kodsi requested that Plaintiff provide architectural services for the design of a billing and scheduling office at the Property. These services were not included in Plaintiff's original scope of work as outlined in the Proposal. 26. Plaintiff submitted an additional service request memorializing Plaintiff and Kodsi's agreement that Plaintiff would provide architectural services for the design of a billing and scheduling office. 27. Kodsi agreed to provide Plaintiff with an additional fee of $29,000.00 for the design of the billing and scheduling office. 28. Plaintiff at all times adhered to the provisions of the Proposal and Master Agreement and performed its obligations relating to the Project. 29. Upon its retention by Kodsi, Plaintiff provided extensive basic architectural services for the Project, as well as architectural services for the design of the IVF procedure suite and the billing and scheduling office at the Property. 30. Plaintiff's architectural services for the Project included obtaining all required approvals from the Department of Buildings, the completion of all schematic design documents, design development documents, and construction documents, and the performance of construction administration responsibilities, among other services. 31. Plaintiff also provided design services for the IVF procedure suite and the billing and scheduling office at the Property. 32. Pursuant to Article 5 of the Master Agreement, "Payments due the Architect and unpaid more than thirty (30) days from the billing date shall bear interest at a rate of 1% per month." 33. Pursuant to Article 7 of the Master Agreement: 504058_1/00209-0010 -5-
In the event that a legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlements sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorneys' fees, court costs and expert witness fees. 34. Kodsi breached the terms of the Proposal and Master Agreement by failing to pay numerous invoices submitted by Plaintiff for architectural services provided for the Project. 35. Plaintiff s uncompensated architectural services at the Project included certain basic architectural services and portions of Plaintiff's architectural services for the design of the IVF procedure suite and the billing and scheduling office. 36. The outstanding architectural services for which Kodsi has failed to compensate Plaintiff to al no less than $101,102.26. 37. Plaintiff has repeatedly notified Kodsi that he is in breach of the Proposal and Master Agreement and demanded payment of the outstanding invoices. 38. Kodsi has ignored all demands by Plaintiff for payment of the outstanding invoices for architectural services at the Project. 39. on :11 Me 91, 2015, within eight mnnths after Plaintiff last provided architectural services for the Project, Plaintiff filed a Notice of Mechanic's Lien in the Office of the Clerk of Kings County against the Property in the amount of $101,102.26. A copy of the Notice of Mechanic's Lien is attached as Exhibit A. AS AND FOR A FIRST CAUSE OF ACTION AS TO DEFENDANT ROBERT KODSI, M.D. (BREACH OF CONTRACT) 40. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 to 39 of the Complaint with the same force and effect as if set forth fully herein. 504058_1/00209-0010 -6-
41. Plaintiff at all times adhered to the provisions of the Proposal and Master Agreement and performed its obligations relating to the Project. 42. Kodsi breached the Proposal and Master Agreement by failing to pay numerous invoices submitted by Plaintiff and failing to compensate Plaintiff for its architectural services in furtherance of the Project. 43. As a result of Kodsi's breaches of contract, Plaintiff has incurred damages of no less than $101,102.26, plus interest, attorneys' fees, costs and disbursements. AS AND FOR A SECOND CAUSE OF ACTION AS TO DEFENDANT BP GROUP DE LLC (FORECLOSURE OF MECHANIC'S LIEN) 44. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 to 43 of the Complaint with the same force and effect as if set forth fully herein. 45. BP Group is the owner of the Property. 46. Plaintiff provided certain architectural services in furtherance of the Project located at the Property. 47. Plaintiff's architectural services for the Project were performed pursuant to the Proposal and Master Agreement with Kodsi and at the knowledge and consent of BP Group. 48. Plaintiff's architectural services were performed and furnished for and used in the improvement of the Property. 49. Plaintiff is owed unpaid amounts relating to its architectural services performed for the Property. 50. On June 23, 2015, within eight months after Plaintiff last provided architectural services for the Project, Plaintiff filed a Notice of Mechanic's Lien in the Office of the Clerk of Kings County against the Property in the amount of $101,102.26. 504058_1/00209-0010 -7-
51. The Notice of Mechanic's Lien was duly entered and docketed by the Clerk of Kings County in the lien docket. 52. A copy of the Notice of Mechanic's Lien was duly served upon defendant BP Group by certified mail, return receipt requested. 53. A copy of the Notice of Mechanic's Lien was duly served upon defendant Kodsi by certified mail, return receipt requested. 54. The Notice of Mechanic's Lien complies in all respects with the requirements set forth in the Lien Law of the State of New York. 55. No part of the Notice of Mechanic's Lien has been paid, waived, cancelled or discharged, and no prior proceeding either at law or in equity has ever been brought to foreclose the Notice of Mechanic's Lien or recover Plaintiff s claim or any part thereof 56. By reason of the foregoing, Plaintiff has acquired a good and valid mechanic's lien against 6010 Bay Parkway, Brooklyn, New York 11204, Block 5522, Lot 36 and demands judgment against BP Group in the sum of $101,102.26, plus interest, costs and disbursements. WHEREFORE, Plaintiff Jeffrey Berman Architect demands that judgment be entered granting relief: On the First Cause of Action against defendant Robert Kodsi, M.D. for Breach of Contract Plaintiff demands damages in the amount of $101,102.26, plus interest, attorneys' fees, costs and disbursements, and such other relief as this Court deems just and proper. On the Second Cause of Action against defendant BP Group DE LLC for Foreclosure of Mechanic's Lien Plaintiff demands damages in the amount of $101,102.26 plus interest, costs and disbursements, and such other relief as this Court deems just and proper. 504058_1/00209-0010 -8-
INGRAM YUZEK GAINEN CARROLL & BERTOLOTTI, LLP By: La F. Gtinen Sea T. Sc.&deri Attorneys for Plaintiff Jeffrey Berman Architect 250 Park Avenue New York, New York 10177 Telephone: (212) 907-9600
FILED: KINGS COUNTY CLERK 10/21/2015 02:58 PM INDEX NO. 512876/2015 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/21/2015 Exhibit A
NOTICE OF MECHANIC'S LIEN TO: The Clerk of the County of Brooklyn and all others whom it may concern: PLEASE TAKE NOTICE that Jeffrey Berman Architect as lienor, has and claims a lien on the real property hereinafter described as follows: (1) The name and address of the lienor is: Jeffrey Berman Architect being a New York company whose business address is 545 8 th Avenue, 18 th Floor, New York, NY 10018. (1 a) The name and address of the lienor's attorney is: Ingram Yuzek Gainen Carroll & Bertolotti, LLP, 250 Park Avenue, New York, New York 10177. (2) The owner of the real property is: BP Group DE LLC And the interest of the owner is: Fee Simple (3) The name of the person with whom the contract was made and by whom the lienor was employed is: Robert Kodsi, MD (4) The work performed was: architectural design services (5) The amount unpaid to the lienor for which the Lien is claimed is: $101,102.26, with interest thereon (6) The time when the lienor first provided architectural design services was: December 14, 2010 The time when the lienor last provided architectural design services was: December 31, 2014 (7) The property subject to the lien is situated in the State of New York, County of Brooklyn, specifically known as: 6010 Bay Parkway Brooklyn, New York 11204 Block 5522, Lot 36 496112_1/00209-0001
That said architectural design services were performed and furnished for and used in the improvement of the real property hereinbefore described, and that 8 months have not elapsed dating from when the last item of architectural services was furnished, or since the completion of the contract, or since the final furnishing of architectural services for which this lien is claimed. r-7? Dated: Junel',---; 2015 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) JEFFREY BERMAN, being duly sworn, deposes and says that deponent is the Principal of the Jeffrey Berman Architect, that deponent has read the foregoing Notice of Mechanic's Lien and knows the contents thereof, and that the same is true to deponent's own knowledge, except as to the matters therein stated to be upon information and belief, and that as to those matters deponent believes it to be true. The source of deponent's information and grounds for belief is the books and records of the corporation. Sworn to before me this 2. day of June, 2015 /2 JEFFREY BERMAN, AIA, ACHA Notary Public TN York 20 t 496112_1/00209-0001
STATE OF NEW YORK ).ss: COUNTY OF NEW YORK ) AFFIDAVIT OF SERVICE Jasmine Ramirez, being duly sworn, deposes and says: That deponent is in the employ of Ingram Yuzek Gainen Carroll & Bertolotti, LLP, attorneys for Jeffrey Berman Architect herein, is over 18 years of age and resides in the Bronx, New York. On the 23"1 day of June, 2015 deponent served a copy of the within NOTICE OF MECHANIC'S LIEN by certified mail, return receipt requested upon the following at the following addresses: Robert Kodsi, MD 925 z-18 th 'Street Brooklyn, NY 11219 tp BP Group De LLC 620 Foster Ave, Suite 301 Brooklyn, New York, 11230 by depositing a true and correct copy of the same properly enclosed in a postpaid wrapper, in officiai depository maintained and exclusively controlled by the United States Government. Sworn to be o e me this 231dday 2015. Notary Pub liwatal..***ais- '. NOTARY PUBLIC-STATE OF NEW YOINC - No. 015E6295138 QuidNiod In Kings County Comolsiontipes Decesbee 30, 2011 49722 5_1/00209-0001