Motion-Secondary: 665 Carroll Street Llc v. Board Of Managers Of 667 Carroll Street Llc

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                                FILED: KINGS COUNTY CLERK 05/15/2024 01:30 PM                                                    INDEX NO. 512951/2024
NYSCEF DOC. NO. 7                                                                          RECEIVED NYSCEF: 05/15/2024




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF KINGS
          --------------------------------------------------------------X
           665 CARROLL STREET LLC,

                    Plaintiff,                                                Index No.:

                    -against-                                                 AFFIRMATION OF
                                                                              ANTHONY RIVERSO IN
           BOARD OF MANAGERS OF 667 CARROLL                                   SUPPORT OF MOTION FOR
           STREET LLC,                                                        MANDATORY AND
                                                                              PERMANENT INJUNCTION
                    Defendant.

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                           Anthony Riverso hereby affirms pursuant to CPLR § 2106 under penalty of

          perjury as follow:

                  1.       I am an attorney duly admitted to practice before the courts of the State of New

          York, and an Associate at the firm of Cozen O’Connor, counsel for Plaintiff, 665 Carroll Street

          LLC.

                  2.       I am familiar with the matters herein set forth and submitted herewith.

                  3.       I submit this Affirmation in support of Plaintiff’s Motion for an injunction (the

          “Motion”), pursuant to RPAPL § 871(1) to permit removal of the Encroachment, in which case,

          (i) Defendant shall remove the Encroachment and install a temporary fire escape fully on

          Defendant’s property within fifteen (15) days of this Court’s order; (ii) Defendant shall install a

          permanent fire escape fully on Defendant’s property within three (3) months of this Court’s order,

          and as part of the installation of the permanent fire escape will remove the temporary fire escape;

          (iii) Plaintiff will pay for all reasonable costs of labor, materials and equipment associated with

          the removal of the Encroachment and design and construction of the temporary and permanent fire

          escape and the removal of the temporary fire escape; (iv) indemnify and hold harmless Defendant

          from all damage and claims relating to the removal of the Encroachment and installation of the




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FILED: KINGS COUNTY CLERK 05/15/2024 01:30 PM                                                  INDEX NO. 512951/2024
NYSCEF DOC. NO. 7                                                                       RECEIVED NYSCEF: 05/15/2024




          temporary fire escape due to the fault of Plaintiff; and (v) name Defendant on its general liability

          insurance policy as additional insureds, to cover damages caused by the work.

                  4.      Pursuant to NY CPLR 2217 (b), there have been no prior motions for the relief set

          forth herein, or any similar relief.

          Dated: New York, New York
                 May 8, 2024

                                                                              COZEN O’CONNOR
                                                                              Attorneys for Petitioner
                                                                              665 Carroll Street LLC


                                                                               By: Anthony Riverso
                                                                                   Anthony Riverso, Esq.
                                                                                   3 WTC
                                                                                   175 Greenwich Street
                                                                                   55th Floor
                                                                                   New York, NY 10007
                                                                                   (212) 908-1382
                                                                                   ariverso@cozen.com




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