FILED: NEW YORK COUNTY CLERK 09/30/2016 01:55 PM INDEX NO. 158275/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2016 SUPREME DAVID COURT B. ROSENBAUM, OF THE STATE an OF attorney NEW YORK duly admitted Index No. to practice law before the COUNTY OF NEW YORK Courts X of the State of New York, hereby affirms the truth of the S U following M M O N pursuant S to WE 616 HALSEY LLC, Date filed: Plaintiff, 1. I am member of Plaintiff designates New NAHINS York & -against- County as the place of trial., attorneys for plaintiff FLATIRON REAL ESTATE ADVISORS, LLC, NAEL ABDELSAMAD and MICHELLE REIMER, The basis of the venue is Plaintiff s ( Plaintiff ), and I am fully familiar with the facts set forth place herein. of business. Defendants. X TO Order: THE ABOVE-NAMED DEFENDANTS: YOU ARE (a) pursuant HEREBY to SUMMONED CPLR 3215, to answer entering the a Supreme default Court judgment of the City in favor of New of York, County of New Plaintiff York, at and the courthouse against located Defendants at 60 Centre NEW Street, YORK New York, ELECTRIC New York, & within the time provided ELEVATORS, by law as LLC noted ( NY below Electric ) and to file and, your NEW answer YORK to the CITY complaint ELECTRIC in this action with the Clerk, & ELEVATOR if the complaint LLC is ( NYC not served Elevator ) with this (collectively, Summons, to Defendants ) serve a Notice as of Appearance, on the follows: Plaintiff s attorneys within twenty (20) days after service of this Summons, exclusive of the day of service (or within thirty (30) days after service is complete if this Summons is not personally i. On delivered the Second to you Cause within of the Action State of awarding New York); Plaintiff and in damages case of your as failure to appear or answer, against judgment NYC Elevator will be taken in the against sum of you $270,000.00; by default in the sum of $33,909.10, together with the costs of this action. ii. On the Third Cause of Action awarding Plaintiff damages as Dated: New York, New York against NY Electric in the sum of $270,000.00; September 29, 2016 against NYC Elevator directing GOLDSTEJN;' it to comply with the agreement GOID iv. On the Seventh Cause of Action awarding Plaintiff judgment as DARREN /R'.. R..rnn =-u MARKS Attorneys for r Plaintiff (b) granting such other and 377 further Broadway relief in Plaintiff s favor as the Court deems just and proper. New York, New York 10013-3993 Service, TO: Nael and Abdelsamad Notice Pursuant to CPLR 3215(g) are annexed hereto as Exhibits A, B and C, 15 respectively. Manchester Road Carmel, New York 10512 Michelle Reimer 15 Manchester Road Carmel, New York 10512 1 of 7
SUPREME DAVID COURT B. ROSENBAUM, OF THE STATE an OF attorney NEW YORK duly admitted to practice law before the COUNTY OF NEW YORK Courts X of the State of New York, hereby affirms the Index truth of No. the following pursuant to WE 616 HALSEY LLC, Plaintiff, VERIFIED COMPLAINT 1. I am member of -against-, attorneys for plaintiff FLATIRON REAL ESTATE ADVISORS, LLC, NAEL ABDELSAMAD and MICHELLE REIMER, ( Plaintiff ), and I am fully familiar with the facts set forth herein. Defendants. X Order: Plaintiff WE 161 HALSEY LLC ( Plaintiff ), by its attorneys (a) NAHINS pursuant & to GOIDEL, CPLR 3215, P.C., entering as and for a default its Complaint judgment against favor NAEL of Plaintiff and against Defendants NEW YORK ELECTRIC & ABDELSAMAD ELEVATORS, ( Abdelsamad ) LLC and ( NY MICHELLE Electric ) and, REIMER NEW YORK ( Reimer ) CITY (collectively, ELECTRIC & ELEVATOR LLC ( NYC Elevator ) (collectively, Defendants ) as Defendants ) alleges follows: as follows: 1. Plaintiff i. is On a domestic the Second limited Cause liability of company Action awarding organized Plaintiff and existing damages pursuant as against NYC Elevator in the sum of $270,000.00; to the laws of New York State with offices at c/o Weissman Equities, LLC, 27 West 20th Street, ii. On the Third Cause of Action awarding Plaintiff damages as Suite 700, New York, New against York 10011. NY Electric in the sum of $270,000.00; 2. Plaintiff iii. is On the the owner-landlord Sixth Cause of of the Action building awarding located Plaintiff at 616 Halsey judgment Street, as Brooklyn, New York (the between Building ). the parties; 3. Abdelsamad is iv. a natural On the person Seventh over Cause the age of Action of 18 with awarding a last Plaintiff known address judgment of as 15 Manchester Road, Carmel, between New York the 10512. parties; 4. Reimer (b) is a granting natural person such over other the and age of further 18 with relief a last in known Plaintiff s address favor of 15 as Manchester the Court deems just and proper. Road, Carmel, New York 10512. Service, The Lease and Notice Pursuant to CPLR 3215(g) are annexed hereto as Exhibits A, B and C, respectively. 5. On July 7, 2015, Plaintiff and Defendants executed a written lease agreement whereby Plaintiff leased apartment 1R in the Building (the Subject Premises ) to Defendants 1 2 of 7
for a one-year DAVID term B. ROSENBAUM, commencing on August an attorney July 15, duly 2015, admitted and expiring to practice on July law 31, before 2016 (the Lease ). Courts of A the copy State of the of Lease New York, is annexed hereby as Exhibit affirms A. the truth of the following pursuant to 6. Pursuant to paragraph 3 of the Lease, Defendants were required to pay $2,650.00 in rent for 1. each I month am member throughout of the term of the Lease. GOIDEL, 7. P.C., Pursuant attorneys to paragraph for plaintiff 7 of the FLATIRON Lease s rider REAL (the ESTATE Rider ), Plaintiff ADVISORS, was entitled LLC, to ( Plaintiff ), a late fee of and five I percent am fully (5%) familiar of the with amount the facts in arrears set forth ( Additional herein. Rent ). 8. 2. Defendants This affirmation were also is submitted obligated to in reimburse support Plaintiff of Plaintiff s for attorneys motion fees seeking incurred an Order: in the enforcement of the Lease. See paragraph 8(g) of the Rider. 9. For (a) pursuant any months to Defendants CPLR 3215, held over entering the Subject a default Premises, judgment Defendants in favor were of Plaintiff and against Defendants NEW YORK ELECTRIC & required to pay two ELEVATORS, hundred percent LLC (200%) ( NY Electric ) the monthly and, rent NEW in YORK use and CITY occupancy. ELECTRIC See & ELEVATOR LLC ( NYC Elevator ) (collectively, Defendants ) as paragraph 17 of the follows: Rider. i. AS On AND the FOR Second A FIRST Cause CAUSE of Action OF awarding ACTION Plaintiff damages as against NYC Elevator in the sum of $270,000.00; 10. Plaintiff repeats and reiterates paragraphs 1 9 above as if fully set forth ii. On the Third Cause of Action awarding Plaintiff damages as against NY Electric in the sum of $270,000.00; 11. Defendants iii. On breached the Sixth the Lease Cause by failing of Action to pay awarding the $2,2650.00 Plaintiff monthly judgment rent for as April through July 2016, which between arrears the total parties; $10,600.00 as follows: iv. On the Seventh UNPAID Cause RENTS of Action awarding Plaintiff judgment as against April NY 2016 Electric directing $2,650.00 it to comply with the agreement between May 2016 the parties; $2,650.00 June 2016 $2,650.00 (b) granting such July 2016 other and further relief $2,650.00 in Plaintiff s favor as the Court deems just Total and Unpaid proper. Rents: $10,600.00 The A copy Verified of the Rent Complaint, Ledger is dated annexed June as Exhibit 15, 2015 B. (the Complaint ), the Affidavits of Service, and Notice Pursuant to CPLR 3215(g) are annexed hereto as Exhibits A, B and C, 12. respectively. No portion of said monies have been paid. 13. On its first cause of action, Plaintiff is entitled to a judgment against Defendants, jointly and severally, in the amount of $10,600.00. 2 3 of 7
DAVID B. ROSENBAUM, an attorney duly admitted to practice law before the AS AND FOR A SECOND CAUSE OF ACTION Courts of the State of New York, hereby affirms the truth of the following pursuant to 14. Plaintiff repeats and reiterates paragraphs 1 13 above as if fully set forth 1. I am member of 15. Pursuant to paragraph 7 of the Rider, Plaintiff is entitled to a late fee of five, attorneys for plaintiff FLATIRON REAL ESTATE ADVISORS, LLC, percent of the monthly rent, which fee is considered Additional Rent. ( Plaintiff ), and I am fully familiar with the facts set forth herein. 16. Defendants failed to pay rent on time for the months of February through September 2016 (i.e., eight months). 1 Order: 17. As a result, Plaintiff is entitled to $1,325.00 in Additional Rent as follows: (a) pursuant to CPLR 3215, entering a default judgment in favor of Plaintiff and against LATE Defendants FEES NEW YORK ELECTRIC & ELEVATORS, February LLC ( NY 2016 Electric ) $132.50 and, NEW YORK CITY ELECTRIC & ELEVATOR March LLC 2016 ( NYC Elevator ) $132.50 (collectively, Defendants ) as follows: April 2016 $132.50 i. May 2016 $132.50 On the June Second 2016 Cause of Action $132.50 awarding Plaintiff damages as against July NYC 2016 Elevator in the $132.50 sum of $270,000.00; August 2016 $265.00 ii. On the September Third Cause 2016 of Action $265.00 awarding Plaintiff damages as against Total NY Electric Late Fees: in the $1,325.00 sum of $270,000.00; see Exhibit B. 18. No portion between of said monies the parties; have been paid. 19. On its iv. second On the cause Seventh of action, Cause Plaintiff of Action is awarding entitled to Plaintiff a judgment judgment against as Defendants, jointly and severally, between in the the amount parties; of $1,325.00. (b) granting AS AND such FOR other A THIRD and further CAUSE relief OF in ACTION Plaintiff s favor as the Court deems just and proper. 20. Plaintiff repeats and reiterates paragraphs 1 19 above as if fully set forth Service, and Notice Pursuant to CPLR 3215(g) are annexed hereto as Exhibits A, B and C, respectively. 1. Defendants held over in the apartment for the months of August and September 2016, which caused them to owe two hundred percent (200%) of the monthly rent for use and occupancy pursuant to the Rider. See infra 24 27. 3 4 of 7
21. DAVID Pursuant B. ROSENBAUM, to paragraph an 8(g) attorney of the duly Lease, admitted Plaintiff to is practice entitled law to before recover the its reasonable Courts of the attorneys State fees of New in any York, legal hereby action to affirms enforce the truth Lease. of the following pursuant to 22. On May 26, 2016, Plaintiff commenced a non-payment proceeding against Defendants 1. in Kings I am County member Civil of Court (Index No. LT-071023-16). GOIDEL, 23. P.C., On attorneys August 3, for 2016, plaintiff Plaintiff FLATIRON commenced REAL a ESTATE holdover ADVISORS, proceeding against LLC, Defendants ( Plaintiff ), in and Kings I am County fully familiar Civil Court with the (Index facts No. set LT-079985-16), forth herein. after which Plaintiff obtained 2. a partial This judgment affirmation with possession is submitted and in warrant support of eviction. of Plaintiff s motion seeking an Order: 24. As a result of having to bring legal action against Defendants for their not paying rent and for their (a) holding pursuant over to in CPLR the apartment, 3215, Plaintiff entering has a incurred default $1,384.10 judgment in legal in favor fees of as Plaintiff and against Defendants NEW YORK ELECTRIC & follows: ELEVATORS, LLC ( NY Electric ) and, NEW YORK CITY ELECTRIC & ELEVATOR LLC ( NYC Elevator ) (collectively, Defendants ) as follows: HOUSING COURT LEGAL FEES 3-Day Notice Fee $143.00 Petition i. On for the Payment Second of Rent Cause of Action awarding $236.00 Plaintiff damages as Legal Fees against for Holdover NYC Elevator Proceeding the sum of $270,000.00; $907.60 Legal Fees for Holdover Proceeding $97.50 Total ii. Housing On the Third Court Cause Legal Fees: of Action awarding $1,384.10 Plaintiff damages as against NY Electric in the sum of $270,000.00; see Exhibit B. 25. No portion against of said monies NYC Elevator have been directing paid. it to comply with the agreement 26. On its third cause of action, Plaintiff is entitled to a judgment against Defendants, iv. On the Seventh Cause of Action awarding Plaintiff judgment as jointly and severally, in the against amount NY of $1,384.10. Electric directing it to comply with the agreement AS AND FOR A FOURTH CAUSE OF ACTION (b) granting such other and further relief in Plaintiff s favor as the Court 27. Plaintiff deems repeats just and and proper. reiterates paragraphs 1 26 above as if fully set forth The Verified Complaint, dated June 15, 2015 (the Complaint ), the Affidavits of Service, and Notice Pursuant to CPLR 3215(g) are annexed hereto as Exhibits A, B and C, 28. respectively. Pursuant to paragraph 17 of the Rider, Defendants are required to pay two hundred percent of the monthly rent for use and occupancy during any periods Defendants hold over the apartment. 4 5 of 7
29. DAVID Defendants B. ROSENBAUM, vacated the an apartment attorney in duly September admitted 2016, to thereby practice owing law two before months the of Courts use and of occupancy: the State of New York, hereby affirms the truth of the following pursuant to HOLDOVER U&O August 2016 Holdover $5,300.00 1. I am member September of 2016 Holdover $5,300.00 Total Holdover U&O: $10,600.00, attorneys for plaintiff FLATIRON REAL ESTATE ADVISORS, LLC, See Exhibit B. ( Plaintiff ), and I am fully familiar with the facts set forth herein. 30. No portion of said monies have been paid. 31. On its fourth cause of action, Plaintiff is entitled to a judgment against Defendants, Order: jointly and severally, in the amount of $10,600.00. (a) pursuant to CPLR 3215, entering a default judgment in favor of Plaintiff AS AND and FOR against A FIFTH Defendants CAUSE OF NEW ACTION YORK ELECTRIC & ELEVATORS, LLC ( NY Electric ) and, NEW YORK CITY ELECTRIC 32. Plaintiff & ELEVATOR repeats and LLC reiterates ( NYC paragraphs Elevator ) 1 31 (collectively, above as Defendants ) if fully set forth as follows: i. On the Second Cause of Action awarding Plaintiff damages as 33. As stated above, against Plaintiff NYC Elevator is entitled in to the recover sum of its $270,000.00; reasonable attorneys fees in any legal action to enforce ii. On the the Lease Third pursuant Cause to paragraph of Action 8(g) awarding of the Lease. Plaintiff damages as against NY Electric in the sum of $270,000.00; 34. Plaintiff has already incurred legal fees in prosecuting this action, which fees cannot be ascertained at this against time but NYC are Elevator reasonably directing believed it to to be comply not less with than the $10,000.00. agreement 35. On its fifth cause of action, Plaintiff is entitled to a judgment against Defendants, iv. On the Seventh Cause of Action awarding Plaintiff judgment as jointly and severally, in the against amount NY of $10,000.00. Electric directing it to comply with the agreement WHEREFORE, Plaintiff demands judgment against Defendants as follows: (b) granting such other and further relief in Plaintiff s favor as the Court (a) deems on the just first and cause proper. of action as against Defendants, a money judgment, jointly and severally, in the sum of $10,600.00; Service, and Notice (b) Pursuant on the second to CPLR cause 3215(g) of action are as annexed against Defendants, hereto as Exhibits a A, B and C, respectively. money judgment, jointly and severally, in the sum of $1,325.00; (c) on the third cause of action as against Defendants, a money judgment, jointly and severally, in the sum of $1,384.10; 5 6 of 7
DAVID B. ROSENBAUM, an attorney duly admitted to practice law before the (d) on the fourth cause of action as against Defendants, a Courts of the State of money New judgment, York, hereby jointly affirms and severally, the truth of in the following sum of pursuant to $10,600.00; (e) on the fifth cause of action as against Defendants, a money 1. I am member judgment, of jointly and severally, representing reasonable attorneys fees incurred herein in an amount to be, attorneys determined for plaintiff by the Court FLATIRON but not less REAL than $10,000.00; ESTATE ADVISORS, and LLC, ( Plaintiff ), and (f) I am such fully amounts familiar to with be adjusted the facts upward set forth through herein. the judgment date of this action with interest from March 2016 along 2. This affirmation with such other is submitted and further in relief support as this of Court Plaintiff s deems motion just seeking an and proper including costs, disbursements, and interest per Order: statute. Dated: New York, (a) pursuant New York to CPLR 3215, entering a default judgment in favor of September Plaintiff 22, 2016 and against Defendants NEW YORK ELECTRIC & ELEVATORS, LLC ( NY Electric ) and, NEW YORK CITY ELECTRIC & ELEVATOR LLC ( NYC Elevator ) (collectively, Defendants ) as follows: i. On the Second Cause of Action awarding Plaintiff damages as against NYC Elevator in the sum of $270,000.00; ii. iii. iv. On the Third Cause Attorneys of Action r Plai awarding Plaintiff damages as against NY Electric 377 in Broadw the sum of $270,000.00; New York, New York 10013-3993 On the Sixth Cause (212) of 431-1300 Action awarding Plaintiff judgment as On the Seventh Cause of Action awarding Plaintiff judgment as (b) granting such other and further relief in Plaintiff s favor as the Court deems just and proper. Service, and Notice Pursuant to CPLR 3215(g) are annexed hereto as Exhibits A, B and C, respectively. 6 7 of 7