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Mark Wright, Yuan Wright v. Madison 33 Owner Llc, The Board Of Managers Of The 172 Madison Avenue Condominium, Ari Herrmann
A Commercial - Contract case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of New York County. Judge Lucy Billings presiding.
Case Details
Case Number
Filing Date
March 02, 2022
Last Refreshed
October 12, 2023
Filing Location
New York County, NY
Category
Commercial - Contract
Practice Area
Commercial
Matter Type
Breach of Contract
Overview
Causes of Action
ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
1. AGAINST DEFENDANT SPONSOR Breach of Contract (incorporating all prior allegations)
2. AGAINST DEFENDANT SPONSOR Fraud (incorporating all prior allegations)
3. AGAINST DEFENDANT SPONSOR Engaging in Deceptive Trade Practices under General Business Law §349 (incorporating all prior allegations)
4. AGAINST SPONSOR CONTROLLED BOARD OF MANAGERS Breach of Fiduciary Duty and Duty of Care (incorporating all prior allegations)
5. AGAINST INDIVIDUAL DEFENDANT Breach of Fiduciary Duty and Duty of Care (incorporating all prior allegations)
6. AGAINST BOARD OF MANAGERS Negligence (incorporating all prior allegations)
7. AGAINST DEFENDANT SPONSOR AND BOARD OF MANAGERS Trespass (incorporating all prior allegations)
8. AGAINST DEFENDANT SPONSOR AND BOARD OF MANAGERS Nuisance (incorporating all prior allegations)
9. AGAINST INDIVIDUAL DEFENDANT Fraud (incorporating all prior allegations)
10. AGAINST DEFENDANT SPONSOR AND BOARD OF MANAGERS Mandatory Injunction (incorporating all prior allegations)
Parties
Plaintiffs
Mark Wright
Yuan Wright
Attorneys for Plaintiffs
Kruk, Carolyn Elizabeth
Marcoccia, Rachel K
Nickerson, Avery Lyn Loveland
Defendants
Ari Herrmann
Madison 33 Owner Llc
The Board Of Managers Of The 172 Madison Avenue Condominium
Attorneys for Defendants
Armstrong, Anne Elizabeth
Goodman, Jason Alexander
Iannuzzi, Nicholas Peter
Rosenberg, Peter David
Samman, Emil A
Case Documents
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Date: Sep 28, 2023
ANSWER
Date: Sep 28, 2023
EXHIBIT(S) - 5
Date: Sep 27, 2023
EXHIBIT(S) - 6
Date: Sep 27, 2023
EXHIBIT(S) - 3
Date: Sep 27, 2023
EXHIBIT(S) - 1
Date: Sep 27, 2023
EXHIBIT(S) - 2
Date: Sep 27, 2023
EXHIBIT(S) - 5
Date: Sep 27, 2023
EXHIBIT(S) - 6
Date: Sep 27, 2023
EXHIBIT(S) - 8
Date: Sep 27, 2023
EXHIBIT(S) - 10
Date: Sep 27, 2023
EXHIBIT(S) - 4
Date: Sep 27, 2023
EXHIBIT(S) - 24
Date: Sep 27, 2023
EXHIBIT(S) - 5
Date: Sep 27, 2023
EXHIBIT(S) - 9
Date: Sep 27, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
Date: Sep 27, 2023
EXHIBIT(S) - 6
Date: Sep 27, 2023
EXHIBIT(S) - 17
Date: Sep 27, 2023
EXHIBIT(S) - 7
Date: Sep 27, 2023
EXHIBIT(S) - 9
Date: Sep 27, 2023
EXHIBIT(S) - 13
Date: Sep 27, 2023
EXHIBIT(S) - 16
Date: Sep 27, 2023
EXHIBIT(S) - 14
Date: Sep 27, 2023
EXHIBIT(S) - 15
Date: Sep 27, 2023
EXHIBIT(S) - 11
Date: Sep 27, 2023
EXHIBIT(S) - 10
Date: Sep 27, 2023
EXHIBIT(S) - 23
Date: Sep 27, 2023
STATEMENT OF MATERIAL FACTS
Date: Sep 27, 2023
EXHIBIT(S) - 26
Date: Sep 27, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
Date: Sep 27, 2023
EXHIBIT(S) - 1
Date: Sep 27, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
Date: Sep 27, 2023
EXHIBIT(S) - 1
Date: Sep 27, 2023
EXHIBIT(S) - 2
Date: Sep 27, 2023
EXHIBIT(S) - 4
Date: Sep 27, 2023
EXHIBIT(S) - 3
Date: Sep 27, 2023
NOTICE OF MOTION
Date: Sep 27, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
Date: Sep 27, 2023
EXHIBIT(S) - 11
Date: Sep 27, 2023
EXHIBIT(S) - 7
Date: Sep 27, 2023
EXHIBIT(S) - 2
Date: Sep 27, 2023
EXHIBIT(S) - 4
Date: Sep 27, 2023
EXHIBIT(S) - 19
Date: Sep 27, 2023
EXHIBIT(S) - 8
Date: Sep 27, 2023
EXHIBIT(S) - 3
Date: Sep 27, 2023
EXHIBIT(S) - 18
Date: Sep 27, 2023
EXHIBIT(S) - 12
Date: Sep 27, 2023
EXHIBIT(S) - 21
Date: Sep 27, 2023
EXHIBIT(S) - 20
Date: Sep 27, 2023
EXHIBIT(S) - 22
Date: Sep 27, 2023
EXHIBIT(S) - 27
Date: Sep 27, 2023
EXHIBIT(S) - 25
Date: Sep 27, 2023
STIPULATION - AS DIRECTED BY COURT
Date: Sep 06, 2023
STIPULATION - AS DIRECTED BY COURT
Date: Jun 16, 2023
CONSENT TO CHANGE ATTORNEY (POST RJI)
Date: Jun 13, 2023
STIPULATION - AS DIRECTED BY COURT
Date: May 04, 2023
STIPULATION - AS DIRECTED BY COURT
Date: Feb 01, 2023
STIPULATION - AS DIRECTED BY COURT
Date: Nov 23, 2022
ANSWER
Date: Jun 27, 2022
DEMAND FOR:
Date: Jun 27, 2022
DEMAND FOR:
Date: Jun 27, 2022
DEMAND FOR:
Date: Jun 27, 2022
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Date: Jun 27, 2022
DEMAND FOR:
Date: Jun 27, 2022
DEMAND FOR:
Date: Jun 27, 2022
ANSWER
Date: Apr 08, 2022
STIPULATION - TIME TO ANSWER
Date: Mar 30, 2022
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 24, 2022
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 18, 2022
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 18, 2022
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 18, 2022
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 18, 2022
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 18, 2022
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 18, 2022
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 18, 2022
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 18, 2022
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 18, 2022
RJI -RE: OTHER
Date: Mar 02, 2022
ADDENDUM - COMMERCIAL DIVISION (840C)
Date: Mar 02, 2022
SUMMONS COMPLAINT
Date: Mar 02, 2022Case Events
| Date | Type | Description | |
|---|---|---|---|
| September 28, 2023 |
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING Statement of Authorization for Electric Filing |
||
| September 28, 2023 | Answer | ||
| September 27, 2023 |
EXHIBIT(S) - 5 Exemplar pre-suit and initial post-suit emails |
||
| September 27, 2023 |
EXHIBIT(S) - 6 June 30, 2022 email |
||
| September 27, 2023 |
EXHIBIT(S) - 3 Condominium Offering Plan, Declaration and By-Laws |
||
| September 27, 2023 |
EXHIBIT(S) - 1 Purchase Agreement |
||
| September 27, 2023 |
EXHIBIT(S) - 2 Deed |
||
| September 27, 2023 |
EXHIBIT(S) - 5 Mark Wright Deposition Transcript |
||
| September 27, 2023 |
EXHIBIT(S) - 6 Exemplar emails |
||
| September 27, 2023 |
EXHIBIT(S) - 8 Daniel Bekteshi Deposition Transcript |
||
| September 27, 2023 |
EXHIBIT(S) - 10 Emails regarding leaks |
||
| September 27, 2023 |
EXHIBIT(S) - 4 Plaintiffs' initial notes regarding leaks in apartment |
||
| September 27, 2023 |
EXHIBIT(S) - 24 February 23, 2023 email with attachments |
||
| September 27, 2023 |
EXHIBIT(S) - 5 Leak Log |
||
| September 27, 2023 |
EXHIBIT(S) - 9 Emails regarding leaks |
||
| September 27, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION Affirmation of Rachel K. Marcoccia in Support of Plaintiffs' Motion for Partial Summary Judgment |
||
| September 27, 2023 |
EXHIBIT(S) - 6 Yuan Wright Deposition Transcript |
||
| September 27, 2023 |
EXHIBIT(S) - 17 Curtain Wall Trade Subcontract and First Amendment |
||
| September 27, 2023 |
EXHIBIT(S) - 7 Nishma Chhabra Deposition Transcript |
||
| September 27, 2023 |
EXHIBIT(S) - 9 GMS Contract |
||
| September 27, 2023 |
EXHIBIT(S) - 13 July 29, 2020 email |
||
| September 27, 2023 |
EXHIBIT(S) - 16 Notice to Cure |
||
| September 27, 2023 |
EXHIBIT(S) - 14 October 2020 GMS Report |
||
| September 27, 2023 |
EXHIBIT(S) - 15 March 3, 2022 email |
||
| September 27, 2023 |
EXHIBIT(S) - 11 April 2019 GMS Report |
||
| September 27, 2023 |
EXHIBIT(S) - 10 November 13, 2017 email |
||
| September 27, 2023 |
EXHIBIT(S) - 23 December 9, 2022 to December 15, 2022 emails |
||
| September 27, 2023 |
MEMORANDUM OF LAW IN SUPPORT Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment on Liability & Reque Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment on Liability & Reque ... show more |
||
| September 27, 2023 | Statement of Material Facts in Support of Plaintiffs' Motion for Partial Summary Judgment | ||
| September 27, 2023 |
EXHIBIT(S) - 26 February 23, 2023 to May 3, 2023 emails |
||
| September 27, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION Affirmation of Rachel K. Marcoccia in Support of Plaintiffs' Motion for Default Judgment |
||
| September 27, 2023 |
EXHIBIT(S) - 1 Summons and Complaint |
||
| September 27, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION Mark Wright's Affidavit of Merit in Support of Plaintiffs' Motion for Default Judgment |
||
| September 27, 2023 |
EXHIBIT(S) - 1 November 13, 2017 email |
||
| September 27, 2023 |
EXHIBIT(S) - 2 Affidavits of Service (1) |
||
| September 27, 2023 |
EXHIBIT(S) - 4 Ari Herrmann Deposition Transcript in Cevallos Matter |
||
| September 27, 2023 |
EXHIBIT(S) - 3 Affidavit of Service (2) |
||
| September 27, 2023 | Notice of Motion for Partial Summary Judgment and Default Judgment | ||
| September 27, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION Affidavit of Mark Wright in Support of Plaintiffs' Motion for Partial Summary Judgment |
||
| September 27, 2023 |
EXHIBIT(S) - 11 September 2023 emails regarding leaks |
||
| September 27, 2023 |
EXHIBIT(S) - 7 Plaintiffs' email regarding attendance at Board meeting |
||
| September 27, 2023 |
EXHIBIT(S) - 2 Defendant Board's Answer |
||
| September 27, 2023 |
EXHIBIT(S) - 4 Notice to Inspect |
||
| September 27, 2023 |
EXHIBIT(S) - 19 September 2, 2022 - September 13, 2022 Emails |
||
| September 27, 2023 |
EXHIBIT(S) - 8 Emails regarding leaks |
||
| September 27, 2023 |
EXHIBIT(S) - 3 Defendant Sponsor's Answer |
||
| September 27, 2023 |
EXHIBIT(S) - 18 Exemplar pre-suit and initial post-suit emails |
||
| September 27, 2023 |
EXHIBIT(S) - 12 June 2019 GMS Report |
||
| September 27, 2023 |
EXHIBIT(S) - 21 October 17, 2022 email |
||
| September 27, 2023 |
EXHIBIT(S) - 20 September 21, 2022 to October 31, 2022 emails |
||
| September 27, 2023 |
EXHIBIT(S) - 22 November 7, 2022 to November 22, 2022 emails |
||
| September 27, 2023 |
EXHIBIT(S) - 27 Plaintiffs' First Notice for Discovery and Inspection |
||
| September 27, 2023 |
EXHIBIT(S) - 25 March 16, 2023 email |
||
| September 06, 2023 |
STIPULATION - AS DIRECTED BY COURT Discovery Stipulation - As Directed By the Court During the August 29, 2023 Conference |
||
| June 16, 2023 |
STIPULATION - AS DIRECTED BY COURT Discovery Stipulation - As Directed By the Court During the June 13, 2023 Conference |
||
| June 13, 2023 |
CONSENT TO CHANGE ATTORNEY (POST RJI) Consent to Change Attorney |
||
| May 04, 2023 |
STIPULATION - AS DIRECTED BY COURT Discovery Stipulation - As Directed By the Court During the May 2, 2023 Conference |
||
| February 01, 2023 |
STIPULATION - AS DIRECTED BY COURT Discovery Stipulation - As Directed By the Court During the January 31, 2023 Conference |
||
| November 23, 2022 |
STIPULATION - AS DIRECTED BY COURT Discovery Stipulation - As Directed By the Court During the November 22, 2022 Conference |
||
| June 27, 2022 | ANSWER | ||
| June 27, 2022 |
DEMAND FOR: Demand Under CPLR 3101d |
||
| June 27, 2022 |
DEMAND FOR: Notice to Produce |
||
| June 27, 2022 |
DEMAND FOR: Notice to Inspect |
||
| June 27, 2022 | STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING | ||
| June 27, 2022 |
DEMAND FOR: Demand for VBOP and Notice of Deposition |
||
| June 27, 2022 |
DEMAND FOR: Demand for Collateral Source Payments |
||
| April 08, 2022 | ANSWER | ||
| March 30, 2022 | STIPULATION - TIME TO ANSWER | ||
| March 24, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE AOS for Madison 33 Owner LLC via Department of State |
||
| March 18, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE AOS for Ari Herrmann at Condominium Unit 27A |
||
| March 18, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE AOS for Board of Managers at Condominium Unit 27A |
||
| March 18, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Non Service for Madison 33 Owner LLC |
||
| March 18, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE AOS for Board of Managers via Managing Agent |
||
| March 18, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE AOS for Ari Herrmann via Managing Agent |
||
| March 18, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE AOS for Madison 33 Owner at Condominium |
||
| March 18, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Non Service for Ari Herrmann |
||
| March 18, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE AOS for Madison 33 Owner at Sponsor's Condominium Unit 27A |
||
| March 18, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE AOS for Ari Herrmann via Tessler Developments at Condominium Unit 27A |
||
| March 02, 2022 |
RJI -RE: OTHER Commercial Division assignment request |
||
| March 02, 2022 | ADDENDUM - COMMERCIAL DIVISION (840C) | ||
| March 02, 2022 | SUMMONS + COMPLAINT |
