Letter,Correspondence: 320 W 15 Llc v. 318 West 15th Street Apartment Corp.

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Daniel Q. Horner
Direct Tel: 212-907-9753
Direct Fax: 212-907-9853
dhorner@sgrlaw.com                          May 10, 2024


VIA NYSCEF AND EMAIL

Hon. Paul A. Goetz
111 Centre Street, Room 1021
New York, New York 10013

Re:      320 W. 15 LLC v. 318 West 15th Street Apartment Corp.; Index No. 154240/2024
         Request for Oral Argument on Application for Temporary Restraining Order

Dear Judge Goetz:

        This firm represents defendant 318 West 15th Street Apartment Corp. (“318”) in the
subject action which was just assigned to Part 47. I respectfully request the opportunity to be
heard on plaintiff 320 W 15 LLC’s (“320’s”) application for a temporary restraining order and
preliminary injunctive relief that is now pending before Your Honor.

         This case stems from a related action between the parties captioned 318 West 15th Street
Apartment Corp. v. 320 W 15 LLC, et al., Index. 156309/2020, which is currently before Judge
Crane. As a preliminary matter, this case should be transferred to Judge Crane. The related action
concerns extensive property damage to 318’s building caused by 320 and others during 320’s
adjacent excavation and foundation work on 320’s own building. 320 has already been held
strictly liable for this damage in the related action.

        During the pendency of the related property damage action, 318 took steps to stabilize its
building and performed certain interim repairs to its front façade. The full remediation of 318’s
building will proceed after 318 has recovered from 320 at the conclusion of the related action.
However, recently, the NYC Department of Buildings (“DOB”) chose to intercede and issued an
emergency declaration directing 318 to proceed with certain additional façade repairs to the front
of its building. In connection with this emergency declaration, the NYC Department of Housing
Preservation and Development (“HPD”) installed a sidewalk bridge in front of 318’s building
without any prior notice to 318. 318 is actively working on performing repairs in compliance
with DOB’s directive. All of this has placed incredible financial strain on 318, which is a small
residential cooperative.

       320 filed the instant action and order to show cause seeking a temporary restraining order
and preliminary injunctive relief directing the removal of the sidewalk shed installed by HPD,
Hon. Paul A. Goetz
May 10, 2024
Page 2


which 320 claims is encroaching on its property and interfering with its property rights. There is
a litany of reasons why this application must be denied, and the application’s frivolousness is
apparent on its face – the Court need look no further than the photographs of the purported
“encroachment” and see what an utter abuse of the Court’s resources this is. This all boils down
to a virtually imperceptible section of cantilevered plywood extending inches in front of 320’s
building. 320 makes no effort to argue it faces any sort of irreparable harm, and of course omits
that 320’s own misconduct is the sole reason the sidewalk shed was installed at all. Moreover,
318 could not even remove the shed if it was inclined to do so – HPD is listed as the owner on
the shed’s permit application and is the party responsible for its installation, maintenance and
removal.

      I am available today or Monday at the Court’s convenience to be heard. Thank you in
advance for the Court’s time and consideration.

                                             Respectfully submitted,



                                             Daniel Q. Horner

CC:    Matthew Schwartz, Esq.
       David Peraino, Esq.
       Counsel for Plaintiff

       Hon. Melissa Crane (via email: SFC-PART60@nycourts.gov)




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