On March 22, 2020 a Motion-Secondary was filed involving a dispute between Opera House Lofts Llc, and Ahmed Almahdi, Alexander Azzure, Alexandra Harrington, Alex Regan, Alex Regan Aka Alex Regen, Alicia French, Amber Renaye A K A Amber Thomas, Amber Thomas, Anastasia Vlasova, Andres Rincon, Andrew Fassel, Andrew Wehnke, Anthony Christie, Ari Finkel, Aurora Halal, Bethany Reeves, Beth Morgan, Brandon Smith, Brooke Davies, Bryant Wells, Carly Forgach, Caroline Silverman, Casey Halter, Cassandra Fernandes, Casssandra Emmett, Celina Vicioso, Chelsea Spencer, Christopher Carnahan, Christoph Krey, Dana Cataldo, Daniel Mcinerney, David Call, David Richter, Diana Osorio, Edras Maldonado, Elanor Barnes, Emily Zech, Evan Batson, Evander Batson, Gavin Koepke, Gerrard Deasy, Gia Kourlas, Giancarlo Roca, Grant Gulla, Guho Kevin Kim, Hector Guerra, Hector Macel Aka Hector Malacaria, Hector Malacaria, Hellen Smith, Henry Gordon-Smith, Howida Tarabzooni, Jack Ford, Jaka Vinsek, Jason Halal, Jeffrey Arthur, Jenzo Duque, Jeremy Hawkins, Jessica Muller, Jessica Muller Aka Jessica Miller, Joanna Whicker, Johannes Staudt, Joon Lee, Jordan Smith, Jordan Sutherland, Joseph Lewis, Joseph Simons, Joseph Tyman, Josh Reames, Julie Covello, Katrina Wilson, Kelsey Fairhurst, Kendall Payne, Kevin Kim, Kevin Urvalek, Laura Newman, Laurence Beilenson, Luisel Pena, Madalyn Drew, Madeline Arnoldy, Marcella Lentz-Pope, Margarita Cardenas, Martin Argueta, Michael Chesbro, Michael Ralston, Michael Sauder, Mie Vedel Joergensen, Molly Wypyski, Mutaurwa Mapondera, Nicholas Cortezi, Noah Goldberg, Pablo Smith, Paula Smith, Peter Carlovich, Piya Malik, Quinn Mcgovern, Radhika Basu, Richard Einhorn, Richard Maguire, Rocco Mancinelli, Roque Silva, Ryan Schweitzer, Ryan Shollenberger, Samantha Cunningham, Samantha Giovinco, Sarah Beilenson, Sarah Labriola, Sarah Witham, Sebastian Medeiros, Sebastian Rodas Medeiros, Seth Lopez, Shannon Lumpkin, Slyvie Wise, Sonja Einem, Stephanie Deangelis, Stephen Meyers, Subantita Suwan, Tatiana Reid, The New York City Department Of Buildings, Thomas Parker, Tony Christie, Tristan Hughes-Freeland, Tyler Harris, Willaim Klimbert, Winston Adeyemo, Yohay Ben-Itzhak, Zachary Pless, for Real Property - Other (Declaratory Judgment) in the District Court of Kings County.
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(FILED: KINGS COUNTY CLERK 0871972022 02:40 PM) INDEX NO. 567079/2020 NYSCEF DOC. NO. 338 RECEIVED NYSCEF: 08/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS eee ee renee eee eee een ee ee ener enn enen enn x OPERA HOUSE LOFTS LLC, Index No.: 507079/2020 Plaintiff(s), - against - AFFIRMATION IN SUPPORT CHRISTOPHER CARNAHAN et al., TT Defendant(s). ere ee enn ene eee eee ee eee enn x STATE OF NEW YORK _ ) COUNTY OF KINGS ) MOSES LEFKOWITZ, for religious reasons, hereby affirms the following to be true under penalty of perjury: 1. I am the managing agent for Plaintiff OPERA HOUSE LOFTS LLC (the “Landlord”), the net-lessee of the building located at 27 Arion Place, Brooklyn, New York (the “Building”). 2. As is relevant to this motion, Defendants TATIANA REID (Unit 109), PIYA MALIK (Unit 111), SHANNON LUMPKIN (Unit 116), ANDREW WEHNKE (Unit 205), JESSICA MULLER a/k/a JESSICA MILLER (Unit 206), GAVIN KOEPKE (Unit 209), SARAH LABRIOLA (Unit 209), PAULA SMITH (Unit 210), JORDAN SMITH (Unit 210), HELLEN SMITH (Unit 210), RYAN SCHWEITZER (Unit 213), MOLLY WYPYSKI (Unit 213), CASSANDRA EMMETT (Unit 306), ALEX REGAN a/k/a ALEX REGEN (Unit 309), and BETHANY REEVES (Unit 315)(collectively “Defendants” or “Tenants”) are at all relevant times the residential tenants of various units within the Building, who entered into possession pursuant to written leases with the Landlord. Tenants’ respective leases are annexed as Exhibits “C-1” through “C-11”. 1 of 3(FILED: KINGS COUNTY CLERK 08/19/2022 02:40 PM INDEX NO. 567679/2020 NYSCEF DOC. NO. 338 RECEIVED NYSCEF: 08/19/2022 3. On June 22, 2022, my attorneys served each Tenant with a notice pursuant to their respective leases, requesting access into and throughout their units for an inspection of the conditions therein. See Exhibit “E”. 4. On June 27, 2022, the date on which access was requested, I knocked on each Tenant’s door but Tenants did not answer. 5. On July 6, 2022, Tenants submitted correspondence to the Court in further opposition to the Landlord’s motion for summary judgment, citing to new violations. 6. On July 22, 2022, my attorneys served notices pursuant to Defendants’ respective leases, again requesting access into and throughout their respective units for purposes of inspection and repairs as necessary. See Exhibit “F”. 7. On July 26, 2022, the date on which access was requested, I again knocked on each Tenant’s door but Tenants did not answer. 8. Tenants have and continue to file baseless complaints with city agencies alleging conditions in their respective units but refuses to grant access to the Landlord to inspect the same and make repairs as necessary. 9. Because of Tenants’ continued refusals to provide access, the Landlord is unable to ascertain and/or verify the conditions of their respective units. Consequently, the Landlord cannot cure and/or defend against the violations issued on the Building. 10. Tenants also continue to withhold rent based on the alleged conditions. Tenants cannot simultaneously claim in bad faith that they are not obligated to pay rent for their respective units because of alleged noncompliant conditions but refuse to provide access to the Landlord to inspect and repair the same. 2 of 3> INDEX NO. 507079/2020 NYSCEF DOC. NO. 338 RECEIVED NYSCEF: 08/19/2022 11. Accordingly, Tenants must be directed to provide immediate and ongoing access to the Landlord for purposes of inspecting and curing the outstanding violations and other unlawful conditions, if any, that are complained of. WHEREFORE, it is respectfully requested that the Court grant the Landlord’s motion in its entirety, and for such other and further relief as the Court deems just and proper in the circumstances. / MOSES CEFKOWITZ Sworn to before me this / 12th day of August 2022 / / stal IC, vat sete 8) 9g a Cgrn2i202 3 of 3