Preview
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------X
GARY HANNANT, as the Administrator Index No.: /2022
of the Estate of MICHAEL HANNANT, Deceased,
and GARY HANNANT and CINDY HANNANT,
Individually,
Plaintiffs,
SUMMONS
-against-
ERIC ABT, ROBERT WEINSTEIN, Plaintiffs designate New York
855-857 NINTH AVENUE CORP., County as the place of trial
NEW NINTH AVENUE CORP., pursuant to CPLR § 503
BOARD OF DIRECTORS OF NEW
NINTH AVENUE CORP.,
AIRBNB, INC., AIRBNB TRAVEL, LLC,
AIRBNB STAYS, INC.
NEW BEDFORD MANAGEMENT CORP.,
SIREN MANAGEMENT CORP., and
JOHN DOES 1-10
Defendants.
-----------------------------------------------------X
To: Defendants (listed below)
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs’
attorney, at the address stated below, a written Answer to the attached Complaint. If this
Summons is served upon you within the State of New York by personal service you must
respond within TWENTY (20) days after service, not counting the date of service. If this
Summons is not personally delivered to you within the State of New York, you must respond
within THIRTY (30) days after service is completed, as provided by law.
If you do not respond to the attached Complaint within the applicable time limitations
stated above, a Judgment will be entered against you, by Default, for the relief demanded in the
Complaint, without further notice to you.
Dated: New York, New York
September 2, 2022
1 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
LAW OFFICES OF ERIC
DINNOCENZO
By:_s/Eric Dinnocenzo________
Eric Dinnocenzo
Attorney for Plaintiff
469 Seventh Ave., 12th Floor
New York, New York 10018
(212) 933-1675
eric@dinnocenzolaw.com
To: Eric Abt, 6910 Yellowstone Blvd., Apt. 325, Forest Hills, NY 11375
Robert Weinstein, One Lincoln Plaza, 20 W. 64th St., Apt. 21S, New York, NY 10023
855-857 Ninth Avenue Corp., c/o Stuart Klein, Esq., Penthouse East, 40 Clinton St.,
Brooklyn, NY 11201
New Ninth Avenue Corp., 210 E. 23rd St., 5th Fl., New York, NY 10010
Board of Directors of New Ninth Avenue Corp., 210 E. 23rd St., 5th Fl., New York, NY
10010
Airbnb, Inc., c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE
19808
Airbnb Travel, LLC, c/o Corporation Service Company, 251 Little Falls Drive,
Wilmington, DE 19808
Airbnb Stays, Inc., c/o Corporation Service Company, 251 Little Falls Drive,
Wilmington, DE 19808
New Bedford Management Corp., 210 E. 23rd St., 4th Fl., New York, NY 10010
Siren Management Corp., 40 Exchange Place, New York, NY 10005
John Does 1-10, 855 Ninth Avenue, Apt. 3A, New York, NY 10019
2 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------X
GARY HANNANT, as the Administrator Index No.: /2022
of the Estate of MICHAEL HANNANT, Deceased,
and GARY HANNANT and CINDY HANNANT,
Individually,
Plaintiffs,
VERIFIED COMPLAINT
-against-
ERIC ABT, ROBERT WEINSTEIN,
855-857 NINTH AVENUE CORP.,
NEW NINTH AVENUE CORP.,
BOARD OF DIRECTORS OF NEW
NINTH AVENUE CORP.,
AIRBNB, INC., AIRBNB TRAVEL, LLC,
AIRBNB STAYS, INC.
NEW BEDFORD MANAGEMENT CORP.,
SIREN MANAGEMENT CORP., and
JOHN DOES 1-10
Defendants.
-----------------------------------------------------X
Plaintiff, Gary Hannant, as the Administrator of the Estate of Michael Hannant,
Deceased, and Gary Hannant and Cindy Hannant, Individually, by their attorney, Law Offices of
Eric Dinnocenzo, alleges in their complaint against the defendants as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. On or about September 4, 2020, the plaintiff’s decedent, Michael Hannant, was
severely injured in a fire that occurred at 855 Ninth Avenue, Apartment 3A, New York, New York
(the “premises”). Five days later, on September 9, 2020, he died as a result of his injuries.
2. Plaintiff, Gary Hannant, is a citizen of the State of Illinois.
3. Plaintiff, Gary Hannant, was duly appointed as Administrator of the estate of
decedent, Michael Hannant, by the Surrogate of New York County on May 13, 2021.
3 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
4. Plaintiff, Gary Hannant, is the father of Michael Hannant and next-of-kin.
5. Plaintiff, Cindy Hannant, is a citizen and resident of the state of Illinois and the
mother of Michael Hannant and next-of-kin.
6. Defendant Eric Abt is a resident and citizen of the County of Queens, State of New
York.
7. Defendant Robert Weinstein is a citizen and resident of the State of New York,
County of New York.
8. Defendant 855-857 Ninth Avenue Corp. is a domestic corporation organized
under the laws of New York with a principal place of business located in the County of New
York, State of New York.
9. Defendant New Ninth Avenue Corp. is a domestic business corporation duly
organized under the laws of New York with its principal place of business located in the County
of New York, State of New York.
10. Defendant Board of Directors of New Ninth Avenue Corp. are the individuals or
fiduciaries charged with the duty and responsibility of managing and operating the building at 855-
857 Ninth Avenue, New York, New York.
11. Defendant Airbnb, Inc. is a foreign corporation duly organized under the laws of
Delaware with a principal place of business located in California. Defendant Airbnb, Inc. regularly
conducts business in the State of New York.
12. Defendant Airbnb Travel, LLC is a foreign limited liability company duly
organized under the laws of Delaware with a principal place of business located in California.
Defendant Airbnb Travel, LLC regularly conducts business in the State of New York.
13. Defendant Airbnb Stays, Inc. is a foreign corporation duly organized under the laws
2
4 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
of Delaware with a principal place of business located in California. Defendant Airbnb Stays, Inc.
regularly conducts business in the State of New York. (Defendants Airbnb, Inc., Airbnb Travel,
LLC, and Airbnb Stays, Inc. are collectively referred to herein as “Airbnb.”).
14. Defendant New Bedford Management Corp. is a domestic business corporation
duly organized under the laws of New York with its principal place of business located in the
County of New York, State of New York.
15. Defendant Siren Management Corp. is a domestic business corporation duly
organized under the laws of New York with its principal place of business located in the County
of New York, State of New York.
16. Defendants JOHN DOES 1-10 are the owners and managers of the building or
premises whose identities are presently unknown.
17. 855 Ninth Avenue, New York, New York is a six-story residential building with
approximately 11 units. It is part of a cooperative building known as 855-857 Ninth Avenue that
contains 33 residential units and has an owner and management company.
18. The premises was an apartment located at 855 Ninth Avenue, #3A, New York, New
York.
19. At all relevant times, Defendant New Ninth Avenue Corp. is a cooperative
corporation that owns the building located at 855-857 Ninth Avenue, New York, New York.
20. At all relevant times, Defendant Board of Directors of New Ninth Avenue Corp.
was responsible for the management and operation of the building located at 855-857 Ninth
Avenue, New York, New York.
21. At all relevant times, Defendant Robert Weinstein was the owner of the premises
and/or the shares attributable to the premises.
3
5 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
22. At all relevant times, Defendant 855-857 Ninth Avenue Corp. was the owner of the
premises and/or the shares attributable to the premises.
23. At all relevant times, Defendant Eric Abt was a tenant of the premises under a lease
with defendant 855-857 Ninth Avenue Corp.
24. At all relevant times, Defendant Eric Abt was the tenant of the premises under a
lease with defendant Robert Weinstein.
25. At all relevant times, Defendant 855-857 Ninth Avenue Corp. managed or
controlled the premises.
26. At all relevant times, Defendant Robert Weinstein managed or controlled the
premises.
27. At all relevant times, Defendant Eric Abt managed or controlled the premises.
28. Upon information and belief, Defendant Eric Abt rented the premises under a rent-
stabilized lease or agreement, or otherwise the premises was subject to the rent-stabilization laws.
29. At all relevant times, Defendant New Bedford Management Corp. was the property
manager or managing agent for 855 Ninth Avenue, including apartment 3A.
30. At all relevant times, Defendant Siren Management Corp. was the property
manager or managing agent for 855 Ninth Avenue, including apartment 3A.
31. At all relevant times, the laws of New York State and New York City forbid the
short-term rental of rent-stabilized apartments for profit on websites such as Airbnb.
32. At all relevant times, the rules for the cooperative building at 855 Ninth Avenue
provided that apartments could not be rented or subleased for a period less than one year.
4
6 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
33. At all relevant times, the rules for the cooperative building at 855 Ninth Avenue
provided that apartments could not be rented or listed for occupancy for a short-term rental on the
website Airbnb.
34. At all relevant times, the rules for the cooperative building at 855 Ninth Avenue
provided that prospective subtenants or occupants must submit an application to the Board of
Directors.
35. At all relevant times, the defendants had the duty and responsibility to enforce or
follow the rules for the cooperative building at 855 Ninth Avenue and breached this duty causing
damages to plaintiffs.
36. On or about August 6, 2018, a complaint was filed or issued with the NYC
Department of Buildings about the use of illegal hotel rooms in the building, presumably referring
to the Airbnb rentals including in apartment 3A.
37. In fact, defendants knew or should have known, since at least 2017, if not
beforehand, that Eric Abt was improperly renting the premises for short-term rentals via Airbnb
and other websites and that he was configuring and renting the premises as a two-bedroom
apartment. Defendants knew these acts were in violation of the law and the rules and regulations
for the building or premises.
38. Defendants knew or should have known that Eric Abt rented the premises to
subtenants without the subtenants submitting an application to the Board of Directors of the
building as required under the building rules and regulations.
39. Defendant New Ninth Avenue Corp. and/or its Board of Directors specifically
requested that the premises’ owner, who are defendants Robert Weinstein and 855-857 Ninth
Avenue Corp., commence eviction proceedings against Abt, but they failed or refused to do so.
5
7 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
40. Defendant New Ninth Avenue Corp. and/or its Board of Directors negligently
failed to enforce laws, rules and regulations against defendants Weinstein, 855-857 Ninth Avenue
Corp., Siren Management Corp., and Eric Abt.
41. Defendant New Bedford Management Corp. was responsible for enforcing the
building rules and regulations.
42. Defendant New Bedford Management Corp. negligently failed to enforce laws,
rules and regulations against defendants Weinstein, 855-857 Ninth Avenue Corp., Siren
Management Corp., and Eric Abt.
43. Defendant Siren Management Corp. was responsible for enforcing the building
rules and regulations.
44. Defendant Siren Management Corp. negligently failed to enforce laws, rules and
regulations against defendants Weinstein, 855-857 Ninth Avenue Corp., and Eric Abt.
45. Defendant Eric Abt rented or sublet the premises to the decedent through the
website Airbnb.com owned and operated by the defendant Airbnb, Inc.
46. The premises were listed on Airbnb by Eric Abt as available for rent beginning
August 1, 2020.
47. Airbnb operated as an online marketplace and hospitality service via its website
that offered residences around the world for short-term and for-profit rental.
48. Airbnb had actual and constructive notice that short-term, for-profit rentals via its
website for residences in Manhattan were, in most cases, made in violation of the rent-stabilization
laws or cooperate or condominium building rules.
49. Airbnb had actual and constructive notice that short-term, for-profit rentals of
apartments in Manhattan made via its website frequently involved apartments being unsafely and
6
8 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
hazardously altered or reconfigured to provide increased occupancy in separate bedrooms, thus
creating an unlawful or unsafe rental or occupancy.
50. Upon information and belief, the premises was unlawfully physically altered,
changed or reconfigured, including the installation of a partition and locking doors to separate
rooms, in a manner that was unsafe and posed a hazard and danger to human life and safety.
51. Airbnb was negligent and careless by listing the premises for rent on a short-term,
for-profit basis, without investigating or making any inquiries as to whether the rental was in
violation of local laws or building or occupancy rules and regulations.
52. Airbnb, on its own and as an agent of Eric Abt, listed the premises for rent, on a for
profit basis, and published certain photographs and reviews in an effort to induce plaintiff’s
decedent to rent the premises through its website.
53. Airbnb, on its own and as an agent of Eric Abt, represented, covenanted, and
warranted to plaintiff’s decedent that the premises were being lawfully used, and were in a
condition that was not detrimental or hazardous to human life, health and safety.
54. Airbnb, on its own and as an agent of Eric Abt, provided certain assurances of legal
protection in the form of an Airbnb Host Damage Protection and Host Guarantee.
55. Airbnb, on its own and as an agent of Eric Abt, had the duty and responsibility to
not advertise or facilitate rentals, such as that involving the premises, that it knew or should have
known were in violation of laws and and building rules and regulations.
56. The premises were rented or leased by plaintiff’s decedent with payment made
through the Airbnb website.
7
9 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
57. In consideration for the decedent’s short-term rental of the premises, payment was
made to Eric Abt through or by means of the Airbnb website, and Airbnb collected a portion of
the payment.
58. In consideration for plaintiff’s decedent’s short-term rental of the premises, Eric
Abt and Airbnb collected or earned a profit.
59. On or about September 4, 2020, a fire occurred inside of the premises and plaintiff’s
decedent was seriously injured.
60. On or about September 7, 2020, a complaint was filed or issued by the NYC
Department of Buildings that “multiple units being used an air bnb in a co-op building. The air
bnb is being listed through the tenant with landlord knowledge.” Further, the complaint states that
the premises were being used as an illegal two-bedroom apartment.
61. On September 9, 2020, plaintiff’s decedent died from his injuries in the fire.
62. Plaintiff’s decedent died as a result of the defendants’ carelessness and negligence,
and due to defendants’ violation of building rules and governing statutes, regulations, local rules,
ordinances, code sections, and other laws.
63. No negligence on the part of the decedent caused or contributed to the occurrence
or injuries.
64. Defendants had the duty and responsibility to ensure that the building and premises
were safe for tenants and occupants, including if there was a fire.
65. Defendants had a non-delegable duty to ensure the safe condition of the building
and premises.
66. Defendants knew or should have known that the premises was unlawfully or
improperly being used as a short-term or Airbnb rental for a profit.
8
10 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
67. Defendants knew or should have known that the premises was unlawfully or
improperly being used as a two-bedroom apartment.
68. Defendants knew or should have known that the premises was unlawfully or
improperly configured or physically altered to be a two-bedroom apartment and that unsafe
partitions and locking doors were installed.
69. Defendants knew or should have known that the premises lacked functioning,
proper, safe and lawful smoke alarms, fire exits, and means of egress.
70. Defendants breached their duty as the premises were in a defective, hazardous and
unsafe condition and this breach resulted in damages to the plaintiffs.
71. If the premises had been in a safe and lawful condition, the plaintiff’s decedent
would have been able to safely leave the apartment and would not have been injured by – or died
as a result of – the fire.
72. If the premises was not rented as a short-term rental via Airbnb, or if the subtenants
were required to submit an application to the Board of Directors, or if the premises was not rented
as a two-bedroom unit, plaintiff’s decedent would not have been injured and died.
73. As a result of the foregoing negligence of the defendants and their agents, servants,
and/or employees, decedent, Michael Hannant, suffered harm and damage, including being
rendered sick, sore lame, disabled and permanently afflicted with irreversible serious
complications and injuries.
74. As a result of the foregoing, the decedent, Michael Hannant, experienced conscious
pain and suffering and sustained other damages.
9
11 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
75. The aforesaid injuries were caused wholly and solely by the carelessness,
negligence, recklessness and unskillfulness of the defendants, their agents, servants and/or
employees, without any negligence on the part of the decedent contributing thereto.
76. As a result of the negligence of the defendants, decedent, Michael Hannant, was
injured in an amount which exceeds the jurisdictional limits of all lower courts, which would
otherwise have jurisdiction in this matter.
77. The limitations on liability set forth in CPLR §1601 do not apply by reason of one
or more of the exemptions set forth in CPLR §1602.
78. Defendants’ conduct was wanton, reprehensible, willful, intentional, made in
reckless disregard for the rights of decedent Michael Hannant, was a conscious decision that
constituted an act of unreasonable character in disregard of a known or obvious risk, and
defendants knew or should have known it was in violation of the law. Accordingly, plaintiffs are
entitled to an award of punitive damages on this cause of action.
AS AND FOR A SECOND CAUSE OF ACTION
79. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
First Cause of Action as though set forth fully herein at length.
80. As a result of the foregoing, Decedent, Michael Hannant, died on September 9,
2020 as a result of the permanent injuries sustained and suffered.
81. Decedent, Michael Hannant, left surviving his next of kin, heir and distributee, the
plaintiffs Gary Hannant and Cindy Hannant.
82. The estate of Michael Hannant became liable and did expend money for funeral,
medical and other expenses.
10
12 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
83. As a result of the foregoing, decedent's next of kin, heirs, and distributees lost
services, society, counsel, income, companionship, guidance, love and support of the deceased,
suffered grief from the loss of the decedent, and were pecuniarily damaged.
84. The damages sought herein exceed the jurisdictional limits of all lower courts
which would otherwise have jurisdiction in this matter.
85. The limitations on liability set forth in CPLR §1601 do not apply to this action by
reason of one or more of the exemptions set forth in CPLR §1602.
AS AND FOR A THIRD CAUSE OF ACTION
86. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
First and Second Causes of Action as though set forth fully herein at length.
87. Defendants are in violation of statutes, ordinances, regulations, and other laws
regulating the rental of premises, occupancy, and fire safety, including but not limited to the
Multiple Dwelling Law, the Housing Maintenance Code, Building Code, Fire Code, and New York
City Administrative Code.
88. As a result of these violations, plaintiffs have suffered damages.
WHEREFORE, plaintiffs hereby demand judgment against the defendants for actual and
compensatory and punitive damages on the First, Second, and Third Causes of Action, together
with the costs and disbursements of this action, interest from the date of death, and all other relief
that may be deemed just.
Dated: New York, New York
September 2, 2022
11
13 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
Law Offices of Eric Dinnocenzo
By: s/Eric Dinnocenzo_______
Eric Dinnocenzo, Esq.
Attorney for Plaintiffs
469 7th Avenue, 12th Floor
New York, New York 10018
(212) 933-1675
eric@dinnocenzolaw.com
12
14 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
ATTORNEY VERIFICATION
ERIC DINNOCENZO, an attorney duly admitted to practice law before
the courts of the State of New York, hereby affirms the following under the penalties of perjury:
that I have read the foregoing VERIFIED COMPLAINT and it is true to my knowledge, except
as to the matters therein stated to be alleged on information and belief, and as to those matters I
believe them to be true. This verification is made by affirmant because plaintiff resides in a
county other than that in which affirmant maintains his office. Affirmant further states that the
material allegations of the complaint are within his personal knowledge.
Dated: New York, NY
September 2, 2022
s/Eric Dinnocenzo______
Eric Dinnocenzo
13
15 of 16
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------X
GARY HANNANT, as the Administrator Index No.: /2022
of the Estate of MICHAEL HANNANT, Deceased,
and GARY HANNANT and CINDY HANNANT,
Individually,
Plaintiffs,
-against-
ERIC ABT, ROBERT WEINSTEIN,
855-857 NINTH AVENUE CORP.,
NEW NINTH AVENUE CORP.,
BOARD OF DIRECTORS OF NEW
NINTH AVENUE CORP.,
AIRBNB, INC., AIRBNB TRAVEL, LLC,
AIRBNB STAYS, INC.
NEW BEDFORD MANAGEMENT CORP.,
SIREN MANAGEMENT CORP., and
JOHN DOES 1-10
Defendants.
-----------------------------------------------------X
SUMMONS AND COMPLAINT
Law Offices of Eric Dinnocenzo
Attorney for Plaintiff
469 7th Avenue, 12th Floor
New York, New York 10018
(212) 933-1675
eric@dinnocenzolaw.com
I certify that the contentions contained herein are not frivolous pursuant to the Rules of the Chief
Administrator as defined in 22 NYCRR § 130-1.1-a.
s/Eric Dinnocenzo___
Eric Dinnocenzo, Esq.
16 of 16
Preview
FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------X GARY HANNANT, as the Administrator Index No.: /2022 of the Estate of MICHAEL HANNANT, Deceased, and GARY HANNANT and CINDY HANNANT, Individually, Plaintiffs, SUMMONS -against- ERIC ABT, ROBERT WEINSTEIN, Plaintiffs designate New York 855-857 NINTH AVENUE CORP., County as the place of trial NEW NINTH AVENUE CORP., pursuant to CPLR § 503 BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC. NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10 Defendants. -----------------------------------------------------X To: Defendants (listed below) YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs’ attorney, at the address stated below, a written Answer to the attached Complaint. If this Summons is served upon you within the State of New York by personal service you must respond within TWENTY (20) days after service, not counting the date of service. If this Summons is not personally delivered to you within the State of New York, you must respond within THIRTY (30) days after service is completed, as provided by law. If you do not respond to the attached Complaint within the applicable time limitations stated above, a Judgment will be entered against you, by Default, for the relief demanded in the Complaint, without further notice to you. Dated: New York, New York September 2, 2022 1 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 LAW OFFICES OF ERIC DINNOCENZO By:_s/Eric Dinnocenzo________ Eric Dinnocenzo Attorney for Plaintiff 469 Seventh Ave., 12th Floor New York, New York 10018 (212) 933-1675 eric@dinnocenzolaw.com To: Eric Abt, 6910 Yellowstone Blvd., Apt. 325, Forest Hills, NY 11375 Robert Weinstein, One Lincoln Plaza, 20 W. 64th St., Apt. 21S, New York, NY 10023 855-857 Ninth Avenue Corp., c/o Stuart Klein, Esq., Penthouse East, 40 Clinton St., Brooklyn, NY 11201 New Ninth Avenue Corp., 210 E. 23rd St., 5th Fl., New York, NY 10010 Board of Directors of New Ninth Avenue Corp., 210 E. 23rd St., 5th Fl., New York, NY 10010 Airbnb, Inc., c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808 Airbnb Travel, LLC, c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808 Airbnb Stays, Inc., c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808 New Bedford Management Corp., 210 E. 23rd St., 4th Fl., New York, NY 10010 Siren Management Corp., 40 Exchange Place, New York, NY 10005 John Does 1-10, 855 Ninth Avenue, Apt. 3A, New York, NY 10019 2 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------X GARY HANNANT, as the Administrator Index No.: /2022 of the Estate of MICHAEL HANNANT, Deceased, and GARY HANNANT and CINDY HANNANT, Individually, Plaintiffs, VERIFIED COMPLAINT -against- ERIC ABT, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP., BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC. NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10 Defendants. -----------------------------------------------------X Plaintiff, Gary Hannant, as the Administrator of the Estate of Michael Hannant, Deceased, and Gary Hannant and Cindy Hannant, Individually, by their attorney, Law Offices of Eric Dinnocenzo, alleges in their complaint against the defendants as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. On or about September 4, 2020, the plaintiff’s decedent, Michael Hannant, was severely injured in a fire that occurred at 855 Ninth Avenue, Apartment 3A, New York, New York (the “premises”). Five days later, on September 9, 2020, he died as a result of his injuries. 2. Plaintiff, Gary Hannant, is a citizen of the State of Illinois. 3. Plaintiff, Gary Hannant, was duly appointed as Administrator of the estate of decedent, Michael Hannant, by the Surrogate of New York County on May 13, 2021. 3 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 4. Plaintiff, Gary Hannant, is the father of Michael Hannant and next-of-kin. 5. Plaintiff, Cindy Hannant, is a citizen and resident of the state of Illinois and the mother of Michael Hannant and next-of-kin. 6. Defendant Eric Abt is a resident and citizen of the County of Queens, State of New York. 7. Defendant Robert Weinstein is a citizen and resident of the State of New York, County of New York. 8. Defendant 855-857 Ninth Avenue Corp. is a domestic corporation organized under the laws of New York with a principal place of business located in the County of New York, State of New York. 9. Defendant New Ninth Avenue Corp. is a domestic business corporation duly organized under the laws of New York with its principal place of business located in the County of New York, State of New York. 10. Defendant Board of Directors of New Ninth Avenue Corp. are the individuals or fiduciaries charged with the duty and responsibility of managing and operating the building at 855- 857 Ninth Avenue, New York, New York. 11. Defendant Airbnb, Inc. is a foreign corporation duly organized under the laws of Delaware with a principal place of business located in California. Defendant Airbnb, Inc. regularly conducts business in the State of New York. 12. Defendant Airbnb Travel, LLC is a foreign limited liability company duly organized under the laws of Delaware with a principal place of business located in California. Defendant Airbnb Travel, LLC regularly conducts business in the State of New York. 13. Defendant Airbnb Stays, Inc. is a foreign corporation duly organized under the laws 2 4 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 of Delaware with a principal place of business located in California. Defendant Airbnb Stays, Inc. regularly conducts business in the State of New York. (Defendants Airbnb, Inc., Airbnb Travel, LLC, and Airbnb Stays, Inc. are collectively referred to herein as “Airbnb.”). 14. Defendant New Bedford Management Corp. is a domestic business corporation duly organized under the laws of New York with its principal place of business located in the County of New York, State of New York. 15. Defendant Siren Management Corp. is a domestic business corporation duly organized under the laws of New York with its principal place of business located in the County of New York, State of New York. 16. Defendants JOHN DOES 1-10 are the owners and managers of the building or premises whose identities are presently unknown. 17. 855 Ninth Avenue, New York, New York is a six-story residential building with approximately 11 units. It is part of a cooperative building known as 855-857 Ninth Avenue that contains 33 residential units and has an owner and management company. 18. The premises was an apartment located at 855 Ninth Avenue, #3A, New York, New York. 19. At all relevant times, Defendant New Ninth Avenue Corp. is a cooperative corporation that owns the building located at 855-857 Ninth Avenue, New York, New York. 20. At all relevant times, Defendant Board of Directors of New Ninth Avenue Corp. was responsible for the management and operation of the building located at 855-857 Ninth Avenue, New York, New York. 21. At all relevant times, Defendant Robert Weinstein was the owner of the premises and/or the shares attributable to the premises. 3 5 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 22. At all relevant times, Defendant 855-857 Ninth Avenue Corp. was the owner of the premises and/or the shares attributable to the premises. 23. At all relevant times, Defendant Eric Abt was a tenant of the premises under a lease with defendant 855-857 Ninth Avenue Corp. 24. At all relevant times, Defendant Eric Abt was the tenant of the premises under a lease with defendant Robert Weinstein. 25. At all relevant times, Defendant 855-857 Ninth Avenue Corp. managed or controlled the premises. 26. At all relevant times, Defendant Robert Weinstein managed or controlled the premises. 27. At all relevant times, Defendant Eric Abt managed or controlled the premises. 28. Upon information and belief, Defendant Eric Abt rented the premises under a rent- stabilized lease or agreement, or otherwise the premises was subject to the rent-stabilization laws. 29. At all relevant times, Defendant New Bedford Management Corp. was the property manager or managing agent for 855 Ninth Avenue, including apartment 3A. 30. At all relevant times, Defendant Siren Management Corp. was the property manager or managing agent for 855 Ninth Avenue, including apartment 3A. 31. At all relevant times, the laws of New York State and New York City forbid the short-term rental of rent-stabilized apartments for profit on websites such as Airbnb. 32. At all relevant times, the rules for the cooperative building at 855 Ninth Avenue provided that apartments could not be rented or subleased for a period less than one year. 4 6 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 33. At all relevant times, the rules for the cooperative building at 855 Ninth Avenue provided that apartments could not be rented or listed for occupancy for a short-term rental on the website Airbnb. 34. At all relevant times, the rules for the cooperative building at 855 Ninth Avenue provided that prospective subtenants or occupants must submit an application to the Board of Directors. 35. At all relevant times, the defendants had the duty and responsibility to enforce or follow the rules for the cooperative building at 855 Ninth Avenue and breached this duty causing damages to plaintiffs. 36. On or about August 6, 2018, a complaint was filed or issued with the NYC Department of Buildings about the use of illegal hotel rooms in the building, presumably referring to the Airbnb rentals including in apartment 3A. 37. In fact, defendants knew or should have known, since at least 2017, if not beforehand, that Eric Abt was improperly renting the premises for short-term rentals via Airbnb and other websites and that he was configuring and renting the premises as a two-bedroom apartment. Defendants knew these acts were in violation of the law and the rules and regulations for the building or premises. 38. Defendants knew or should have known that Eric Abt rented the premises to subtenants without the subtenants submitting an application to the Board of Directors of the building as required under the building rules and regulations. 39. Defendant New Ninth Avenue Corp. and/or its Board of Directors specifically requested that the premises’ owner, who are defendants Robert Weinstein and 855-857 Ninth Avenue Corp., commence eviction proceedings against Abt, but they failed or refused to do so. 5 7 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 40. Defendant New Ninth Avenue Corp. and/or its Board of Directors negligently failed to enforce laws, rules and regulations against defendants Weinstein, 855-857 Ninth Avenue Corp., Siren Management Corp., and Eric Abt. 41. Defendant New Bedford Management Corp. was responsible for enforcing the building rules and regulations. 42. Defendant New Bedford Management Corp. negligently failed to enforce laws, rules and regulations against defendants Weinstein, 855-857 Ninth Avenue Corp., Siren Management Corp., and Eric Abt. 43. Defendant Siren Management Corp. was responsible for enforcing the building rules and regulations. 44. Defendant Siren Management Corp. negligently failed to enforce laws, rules and regulations against defendants Weinstein, 855-857 Ninth Avenue Corp., and Eric Abt. 45. Defendant Eric Abt rented or sublet the premises to the decedent through the website Airbnb.com owned and operated by the defendant Airbnb, Inc. 46. The premises were listed on Airbnb by Eric Abt as available for rent beginning August 1, 2020. 47. Airbnb operated as an online marketplace and hospitality service via its website that offered residences around the world for short-term and for-profit rental. 48. Airbnb had actual and constructive notice that short-term, for-profit rentals via its website for residences in Manhattan were, in most cases, made in violation of the rent-stabilization laws or cooperate or condominium building rules. 49. Airbnb had actual and constructive notice that short-term, for-profit rentals of apartments in Manhattan made via its website frequently involved apartments being unsafely and 6 8 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 hazardously altered or reconfigured to provide increased occupancy in separate bedrooms, thus creating an unlawful or unsafe rental or occupancy. 50. Upon information and belief, the premises was unlawfully physically altered, changed or reconfigured, including the installation of a partition and locking doors to separate rooms, in a manner that was unsafe and posed a hazard and danger to human life and safety. 51. Airbnb was negligent and careless by listing the premises for rent on a short-term, for-profit basis, without investigating or making any inquiries as to whether the rental was in violation of local laws or building or occupancy rules and regulations. 52. Airbnb, on its own and as an agent of Eric Abt, listed the premises for rent, on a for profit basis, and published certain photographs and reviews in an effort to induce plaintiff’s decedent to rent the premises through its website. 53. Airbnb, on its own and as an agent of Eric Abt, represented, covenanted, and warranted to plaintiff’s decedent that the premises were being lawfully used, and were in a condition that was not detrimental or hazardous to human life, health and safety. 54. Airbnb, on its own and as an agent of Eric Abt, provided certain assurances of legal protection in the form of an Airbnb Host Damage Protection and Host Guarantee. 55. Airbnb, on its own and as an agent of Eric Abt, had the duty and responsibility to not advertise or facilitate rentals, such as that involving the premises, that it knew or should have known were in violation of laws and and building rules and regulations. 56. The premises were rented or leased by plaintiff’s decedent with payment made through the Airbnb website. 7 9 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 57. In consideration for the decedent’s short-term rental of the premises, payment was made to Eric Abt through or by means of the Airbnb website, and Airbnb collected a portion of the payment. 58. In consideration for plaintiff’s decedent’s short-term rental of the premises, Eric Abt and Airbnb collected or earned a profit. 59. On or about September 4, 2020, a fire occurred inside of the premises and plaintiff’s decedent was seriously injured. 60. On or about September 7, 2020, a complaint was filed or issued by the NYC Department of Buildings that “multiple units being used an air bnb in a co-op building. The air bnb is being listed through the tenant with landlord knowledge.” Further, the complaint states that the premises were being used as an illegal two-bedroom apartment. 61. On September 9, 2020, plaintiff’s decedent died from his injuries in the fire. 62. Plaintiff’s decedent died as a result of the defendants’ carelessness and negligence, and due to defendants’ violation of building rules and governing statutes, regulations, local rules, ordinances, code sections, and other laws. 63. No negligence on the part of the decedent caused or contributed to the occurrence or injuries. 64. Defendants had the duty and responsibility to ensure that the building and premises were safe for tenants and occupants, including if there was a fire. 65. Defendants had a non-delegable duty to ensure the safe condition of the building and premises. 66. Defendants knew or should have known that the premises was unlawfully or improperly being used as a short-term or Airbnb rental for a profit. 8 10 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 67. Defendants knew or should have known that the premises was unlawfully or improperly being used as a two-bedroom apartment. 68. Defendants knew or should have known that the premises was unlawfully or improperly configured or physically altered to be a two-bedroom apartment and that unsafe partitions and locking doors were installed. 69. Defendants knew or should have known that the premises lacked functioning, proper, safe and lawful smoke alarms, fire exits, and means of egress. 70. Defendants breached their duty as the premises were in a defective, hazardous and unsafe condition and this breach resulted in damages to the plaintiffs. 71. If the premises had been in a safe and lawful condition, the plaintiff’s decedent would have been able to safely leave the apartment and would not have been injured by – or died as a result of – the fire. 72. If the premises was not rented as a short-term rental via Airbnb, or if the subtenants were required to submit an application to the Board of Directors, or if the premises was not rented as a two-bedroom unit, plaintiff’s decedent would not have been injured and died. 73. As a result of the foregoing negligence of the defendants and their agents, servants, and/or employees, decedent, Michael Hannant, suffered harm and damage, including being rendered sick, sore lame, disabled and permanently afflicted with irreversible serious complications and injuries. 74. As a result of the foregoing, the decedent, Michael Hannant, experienced conscious pain and suffering and sustained other damages. 9 11 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 75. The aforesaid injuries were caused wholly and solely by the carelessness, negligence, recklessness and unskillfulness of the defendants, their agents, servants and/or employees, without any negligence on the part of the decedent contributing thereto. 76. As a result of the negligence of the defendants, decedent, Michael Hannant, was injured in an amount which exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction in this matter. 77. The limitations on liability set forth in CPLR §1601 do not apply by reason of one or more of the exemptions set forth in CPLR §1602. 78. Defendants’ conduct was wanton, reprehensible, willful, intentional, made in reckless disregard for the rights of decedent Michael Hannant, was a conscious decision that constituted an act of unreasonable character in disregard of a known or obvious risk, and defendants knew or should have known it was in violation of the law. Accordingly, plaintiffs are entitled to an award of punitive damages on this cause of action. AS AND FOR A SECOND CAUSE OF ACTION 79. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the First Cause of Action as though set forth fully herein at length. 80. As a result of the foregoing, Decedent, Michael Hannant, died on September 9, 2020 as a result of the permanent injuries sustained and suffered. 81. Decedent, Michael Hannant, left surviving his next of kin, heir and distributee, the plaintiffs Gary Hannant and Cindy Hannant. 82. The estate of Michael Hannant became liable and did expend money for funeral, medical and other expenses. 10 12 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 83. As a result of the foregoing, decedent's next of kin, heirs, and distributees lost services, society, counsel, income, companionship, guidance, love and support of the deceased, suffered grief from the loss of the decedent, and were pecuniarily damaged. 84. The damages sought herein exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction in this matter. 85. The limitations on liability set forth in CPLR §1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR §1602. AS AND FOR A THIRD CAUSE OF ACTION 86. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the First and Second Causes of Action as though set forth fully herein at length. 87. Defendants are in violation of statutes, ordinances, regulations, and other laws regulating the rental of premises, occupancy, and fire safety, including but not limited to the Multiple Dwelling Law, the Housing Maintenance Code, Building Code, Fire Code, and New York City Administrative Code. 88. As a result of these violations, plaintiffs have suffered damages. WHEREFORE, plaintiffs hereby demand judgment against the defendants for actual and compensatory and punitive damages on the First, Second, and Third Causes of Action, together with the costs and disbursements of this action, interest from the date of death, and all other relief that may be deemed just. Dated: New York, New York September 2, 2022 11 13 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 Law Offices of Eric Dinnocenzo By: s/Eric Dinnocenzo_______ Eric Dinnocenzo, Esq. Attorney for Plaintiffs 469 7th Avenue, 12th Floor New York, New York 10018 (212) 933-1675 eric@dinnocenzolaw.com 12 14 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 ATTORNEY VERIFICATION ERIC DINNOCENZO, an attorney duly admitted to practice law before the courts of the State of New York, hereby affirms the following under the penalties of perjury: that I have read the foregoing VERIFIED COMPLAINT and it is true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true. This verification is made by affirmant because plaintiff resides in a county other than that in which affirmant maintains his office. Affirmant further states that the material allegations of the complaint are within his personal knowledge. Dated: New York, NY September 2, 2022 s/Eric Dinnocenzo______ Eric Dinnocenzo 13 15 of 16 FILED: NEW YORK COUNTY CLERK 09/02/2022 01:28 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------X GARY HANNANT, as the Administrator Index No.: /2022 of the Estate of MICHAEL HANNANT, Deceased, and GARY HANNANT and CINDY HANNANT, Individually, Plaintiffs, -against- ERIC ABT, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP., BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC. NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10 Defendants. -----------------------------------------------------X SUMMONS AND COMPLAINT Law Offices of Eric Dinnocenzo Attorney for Plaintiff 469 7th Avenue, 12th Floor New York, New York 10018 (212) 933-1675 eric@dinnocenzolaw.com I certify that the contentions contained herein are not frivolous pursuant to the Rules of the Chief Administrator as defined in 22 NYCRR § 130-1.1-a. s/Eric Dinnocenzo___ Eric Dinnocenzo, Esq. 16 of 16