Preview
FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019
EXHIBIT E
FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019
Peckar & Abramson
• Attorneys
A Professional Corporation & Counselors at Law
www.pecklaw.com VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
1325 Avenue of the Americas November 2019
22,
10th Floor
New York, NY 10019
tel. 212.382.0909
Horsepower Electric &
fax 212.382.3456
Maintenance Corp.
1st
4101 Avenue
New York, NY Brooklyn, New York 11232
Los Angeles, CA Attn: Joel Weber
Oakland, CA
Goetz Fitzpatrick
Washington,D.C.
ne enn Maza, 31st Moor
Miami, FL
New York, NY 10119
Chicago IL
Attn: Joshua G. Oberman
River Edge, NJ
Austin, TX 1-
Re: 63 Flushing Avenue #300, Brooklyn, New York, Block 2023, Lot
3
Lien Discharge Bond No. 107135028
Houston, TX
Devon, PA Dear Messrs. Weber and Oberman:
Pursuant to New York Lien Law, enclosed please find a copy of Bond No.
107135028, which will be filed on or about November 22, 2019 with the County
international Clerk of Kings in connection with the Notice of Mechanic's lien filed
County, by
Alliances Horsepower Electric & Maintenance on or about November 2019 on 63
Corp., 6,
Flushing Avenue #300, Brooklyn, New York, Block 2023, Lot 1, a copy of which
has also been enclosed for reference.
Beijing
Bogota
Buenos Aires
Guatemala City
Regards,
Lima
London
PECKAR & A M , P.C.
Managua
Mexico City
Montevideo
Panama City Mark A. Snyder
San Jose Associate
Santiago
Sao Paulo
ONSTRUJ.EGAL
FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019
Clerk ofthe County of Kings, State ofNew York
__________________________________..____-------------
X
In the Matter of the Application of
Gilbane Building Company
To Discharge a Mechanic's Lien filed by
Horsepower Electric & Maintenance Corp.
SURETY BOND
Bond No.: 107135028
Against
Premises designated as:
63 Flushing Avenue #300, Brooklyn, NY 11205
Block 2023, Lot p/o 1
KNOW ALL MEN BY THESE PRESENTS that we, Gilbane Building Company, 7 Jackson
Walkway, Providence, RI 02903 as Principal, and Travelers Casualty and Surety Company of
America, One Tower Square, Hartford, CT 06183, as Surety, are held and firmly bound to the
Clerk of the County of Kings, State of New York, in the penal sum of Nine Million Two
Hundred Eighty Six Thousand Seven Hundred Seventy Three Dollars and 82/100
($9,286,773.82) lawful money of the United States for which payment well and trulyto be made,
we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally firmly by these presents.
SIGNED, SEALED and DATED, this 19th day of November, 2019.
WHEREAS, on or about November 6, 2019 a Notice under Mechanic's Lien Law in the amount
of Eight Million Four Hundred Forty Two Thousand Five Hundred Twenty One Dollars and
65/100 ($8,442,521.65) was filed by Horsepower Electric & Maintenance Corp. in the Office of
the Clerk of the County of Kings, State of New York against the property subject to the lien
situated at 63 Flushing Avenue #300, Brooklyn, New York 11205; Block 2023, Lot p/o 1 at
Dock 72, including, but not limited to BP16B base electrical work etc. for the construction
and completion of the Brooklyn Yard 72 Project - owner of the real
Navy Building property
is BNY Tower Associates LLC.
WHEREAS Gilbane Building Company desires to discharge the lien or claim pursuant to Lien
Law of the State of New York, and
WHEREAS, the amount of an undertaking to be executed for the purpose of Discharging said lien
under the Lien Law of the State of New York is Nine Million Two Hundred Eighty Six
Thousand Seen Hundred Seventy Three Dollars and 982/100 ($9,286,773.82).
NOW, THEREFORE, the condition of this obligation issuch, that ifthe above bounded principal,
Gilbane Building Company itsadministrators, successors and assigns shall well and truly pay
any judgment which may be recovered in an action to enforce the lien, not exceeding the sum of
Nine Million Two Hundred Eighty Six Thousand Seven Hundred Seventy Three Dollars and
92/100 ($9,286,773.82) then this obligation be void, otherwise to remain in full
force and effect.
Gilbane Building Company
'
(Pri I
By:
Tra asualty and Surety Company of America
(Surety)
By:__
Je M. Feeney, Attorne act
FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019
NOTICE UNDER MECHANIC'S LIEN LAW
To the Clerk of the County of Kings and allothers whom itmay concern:
PLEASE TAKE NOTICE, thatHorsepswer Electric & Maintenance Corp., as lienor,
has and claims a lien on the realproperty hereinafter described as follows:
(1) The name and residence of the lienor is Horsepower Electric & Maintenance Corp.,
18
4101 Avenue, Brooklyn, New York 11232, composed of a domestic corporation,
whose business address is atthe same address and whose principal place of business is at
the same address.
(1)(a) The name and address of lienor's attorney is Joshua G. Oberman, Goetz Fitzpatrick,
LLP, One Penn Plaza, Suite 3100, New York, NY 10119.
(2) The owner(s) of the real property is BNY Tower Associates LLC, and the interest of the
owner as far as known to the lienor is a long-term (49 year) leasehold interestof the
premises located at 63 Flushing Avenue #300, Brooklyn, NY 11205.
(3) The name of the person(s)/entity by whom the lienor was employed is Gilbane Huildin¡;
Company.
The name of the person/entity to whom the lienor furnished materials or for whom the
lienor performed professional services isGilbane E=ild!r;; Company.
The name of the person/entity with whom the contract was made is Gilbane Building
Company.
(4) The labor perfonned was for the construction/renovation of the premises located at 63
Flushing Avenue #300, Brooklyn, NY 11205, at Dock 72, including, but not limited to,
BP16B base electrical work, supervision, engineering, hoisting, 3D modeling, installation
of vertical riser conduits and inatallation of fire stopping and smoke sealing required for
the construction and completion of the Brooklyn Navy Yard Building 72 Project.
The materials fumished include, but are not limited to, vertical riser conduits, conduit
sleeves, CCTV system, tum-styles, lighting controls, light fixtures, switches, wiring,
hardware, and scaffolds.
..
The agreed price and value of the labor performed and the materials furnished is
$22,616,071.75.
The total agreed price and value of work performed is $22,616,071.75.
(5) The amount unpaid to the lienor(s) for said labor performed and materials furnished is
$8,442,521.65.
1
FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019
Total amount unpaid and owed is$8,442,521.65.
The totalamount owing and claimed for which this lienis filed is$8,442,521.65.
(6) The time when the firstitem of work was performed was on or about July 1, 2016.
The time when the firstitem of material was furnished was on or about July 1, 2016.
The time when the last item of work was performed was on orabout October 31, 2019.
The time when the lastitem of material was fumished was on or about October 31, 2019.
(7) The property subject to the lien is situated in the County of Kings, City of New York,
and is known as 63 Flushing Avenue #300, Brooklyn, NY 11205, and specifically
designated as Block 2023, Lot p/o 1.
That said labor and materials were performed and furnished for and used in the
improvement of the real property hereinbefore described. That 8 months (4 months if a single
family dwelling) have not elapsed dating from the lastitem of work performed, or from the last
items of materials furnished, or since the completion of the contract, or since the final
performance of the work, or since the final furnishing of the materials for which this lien is
claimed.
Dated: November 6, 2019
HORSEPOWER ELECTRIC
& MAINT CE RP
By:
oel Weber - Chief Executive Officer
2
FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019
LIENOR VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW--YORK )
kwgs
Joel Webers being duly sworn, says that deponent is the Chief Executive Officer of
Horsepower Electric & Maintenance Corp., a corporation formed under the laws of the State of
New York; that the deponent has read the foregoing Notice Under Mechanic's Lien Law and
knows the contents thereof; and that the same istrue to deponent's own knowledge, except as to
matters therein stated to be alleged upon information and belief, and that as to those matters
deponent believes them to be true. The reason why this verification is made by deponent is that
deponent is an authorized representative of Horsepower Electric & Maiñtenance Corp. for the
purpose of filingthis mechanic's lien and deponent is familiar with the facts and circumstances
herein based upon deponent's review of the books and records of the Lienor and information
provided by the Lienor.
The sources of deponent's infonnation and the grounds of de onent's belief as to all
matters not therein stated upon deponent's knowledge are as follows:
Books, records and statements of the Lienor.
Joel Weber
Sworn to before me this
6""
da November, 2019
NOTARY PUBLIC
ANDREIBELLINGER
NotaryPublic-5tate ofNewYork
NO.01BE6361710
Qualifiedin KingsCounty
Expires
My Commission Jul17,2021
3
Preview
FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019 EXHIBIT E FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019 Peckar & Abramson • Attorneys A Professional Corporation & Counselors at Law www.pecklaw.com VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED 1325 Avenue of the Americas November 2019 22, 10th Floor New York, NY 10019 tel. 212.382.0909 Horsepower Electric & fax 212.382.3456 Maintenance Corp. 1st 4101 Avenue New York, NY Brooklyn, New York 11232 Los Angeles, CA Attn: Joel Weber Oakland, CA Goetz Fitzpatrick Washington,D.C. ne enn Maza, 31st Moor Miami, FL New York, NY 10119 Chicago IL Attn: Joshua G. Oberman River Edge, NJ Austin, TX 1- Re: 63 Flushing Avenue #300, Brooklyn, New York, Block 2023, Lot 3 Lien Discharge Bond No. 107135028 Houston, TX Devon, PA Dear Messrs. Weber and Oberman: Pursuant to New York Lien Law, enclosed please find a copy of Bond No. 107135028, which will be filed on or about November 22, 2019 with the County international Clerk of Kings in connection with the Notice of Mechanic's lien filed County, by Alliances Horsepower Electric & Maintenance on or about November 2019 on 63 Corp., 6, Flushing Avenue #300, Brooklyn, New York, Block 2023, Lot 1, a copy of which has also been enclosed for reference. Beijing Bogota Buenos Aires Guatemala City Regards, Lima London PECKAR & A M , P.C. Managua Mexico City Montevideo Panama City Mark A. Snyder San Jose Associate Santiago Sao Paulo ONSTRUJ.EGAL FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019 Clerk ofthe County of Kings, State ofNew York __________________________________..____------------- X In the Matter of the Application of Gilbane Building Company To Discharge a Mechanic's Lien filed by Horsepower Electric & Maintenance Corp. SURETY BOND Bond No.: 107135028 Against Premises designated as: 63 Flushing Avenue #300, Brooklyn, NY 11205 Block 2023, Lot p/o 1 KNOW ALL MEN BY THESE PRESENTS that we, Gilbane Building Company, 7 Jackson Walkway, Providence, RI 02903 as Principal, and Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 06183, as Surety, are held and firmly bound to the Clerk of the County of Kings, State of New York, in the penal sum of Nine Million Two Hundred Eighty Six Thousand Seven Hundred Seventy Three Dollars and 82/100 ($9,286,773.82) lawful money of the United States for which payment well and trulyto be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. SIGNED, SEALED and DATED, this 19th day of November, 2019. WHEREAS, on or about November 6, 2019 a Notice under Mechanic's Lien Law in the amount of Eight Million Four Hundred Forty Two Thousand Five Hundred Twenty One Dollars and 65/100 ($8,442,521.65) was filed by Horsepower Electric & Maintenance Corp. in the Office of the Clerk of the County of Kings, State of New York against the property subject to the lien situated at 63 Flushing Avenue #300, Brooklyn, New York 11205; Block 2023, Lot p/o 1 at Dock 72, including, but not limited to BP16B base electrical work etc. for the construction and completion of the Brooklyn Yard 72 Project - owner of the real Navy Building property is BNY Tower Associates LLC. WHEREAS Gilbane Building Company desires to discharge the lien or claim pursuant to Lien Law of the State of New York, and WHEREAS, the amount of an undertaking to be executed for the purpose of Discharging said lien under the Lien Law of the State of New York is Nine Million Two Hundred Eighty Six Thousand Seen Hundred Seventy Three Dollars and 982/100 ($9,286,773.82). NOW, THEREFORE, the condition of this obligation issuch, that ifthe above bounded principal, Gilbane Building Company itsadministrators, successors and assigns shall well and truly pay any judgment which may be recovered in an action to enforce the lien, not exceeding the sum of Nine Million Two Hundred Eighty Six Thousand Seven Hundred Seventy Three Dollars and 92/100 ($9,286,773.82) then this obligation be void, otherwise to remain in full force and effect. Gilbane Building Company ' (Pri I By: Tra asualty and Surety Company of America (Surety) By:__ Je M. Feeney, Attorne act FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019 NOTICE UNDER MECHANIC'S LIEN LAW To the Clerk of the County of Kings and allothers whom itmay concern: PLEASE TAKE NOTICE, thatHorsepswer Electric & Maintenance Corp., as lienor, has and claims a lien on the realproperty hereinafter described as follows: (1) The name and residence of the lienor is Horsepower Electric & Maintenance Corp., 18 4101 Avenue, Brooklyn, New York 11232, composed of a domestic corporation, whose business address is atthe same address and whose principal place of business is at the same address. (1)(a) The name and address of lienor's attorney is Joshua G. Oberman, Goetz Fitzpatrick, LLP, One Penn Plaza, Suite 3100, New York, NY 10119. (2) The owner(s) of the real property is BNY Tower Associates LLC, and the interest of the owner as far as known to the lienor is a long-term (49 year) leasehold interestof the premises located at 63 Flushing Avenue #300, Brooklyn, NY 11205. (3) The name of the person(s)/entity by whom the lienor was employed is Gilbane Huildin¡; Company. The name of the person/entity to whom the lienor furnished materials or for whom the lienor performed professional services isGilbane E=ild!r;; Company. The name of the person/entity with whom the contract was made is Gilbane Building Company. (4) The labor perfonned was for the construction/renovation of the premises located at 63 Flushing Avenue #300, Brooklyn, NY 11205, at Dock 72, including, but not limited to, BP16B base electrical work, supervision, engineering, hoisting, 3D modeling, installation of vertical riser conduits and inatallation of fire stopping and smoke sealing required for the construction and completion of the Brooklyn Navy Yard Building 72 Project. The materials fumished include, but are not limited to, vertical riser conduits, conduit sleeves, CCTV system, tum-styles, lighting controls, light fixtures, switches, wiring, hardware, and scaffolds. .. The agreed price and value of the labor performed and the materials furnished is $22,616,071.75. The total agreed price and value of work performed is $22,616,071.75. (5) The amount unpaid to the lienor(s) for said labor performed and materials furnished is $8,442,521.65. 1 FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019 Total amount unpaid and owed is$8,442,521.65. The totalamount owing and claimed for which this lienis filed is$8,442,521.65. (6) The time when the firstitem of work was performed was on or about July 1, 2016. The time when the firstitem of material was furnished was on or about July 1, 2016. The time when the last item of work was performed was on orabout October 31, 2019. The time when the lastitem of material was fumished was on or about October 31, 2019. (7) The property subject to the lien is situated in the County of Kings, City of New York, and is known as 63 Flushing Avenue #300, Brooklyn, NY 11205, and specifically designated as Block 2023, Lot p/o 1. That said labor and materials were performed and furnished for and used in the improvement of the real property hereinbefore described. That 8 months (4 months if a single family dwelling) have not elapsed dating from the lastitem of work performed, or from the last items of materials furnished, or since the completion of the contract, or since the final performance of the work, or since the final furnishing of the materials for which this lien is claimed. Dated: November 6, 2019 HORSEPOWER ELECTRIC & MAINT CE RP By: oel Weber - Chief Executive Officer 2 FILED: KINGS COUNTY CLERK 12/20/2019 01:23 PM INDEX NO. 527704/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/20/2019 LIENOR VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW--YORK ) kwgs Joel Webers being duly sworn, says that deponent is the Chief Executive Officer of Horsepower Electric & Maintenance Corp., a corporation formed under the laws of the State of New York; that the deponent has read the foregoing Notice Under Mechanic's Lien Law and knows the contents thereof; and that the same istrue to deponent's own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes them to be true. The reason why this verification is made by deponent is that deponent is an authorized representative of Horsepower Electric & Maiñtenance Corp. for the purpose of filingthis mechanic's lien and deponent is familiar with the facts and circumstances herein based upon deponent's review of the books and records of the Lienor and information provided by the Lienor. The sources of deponent's infonnation and the grounds of de onent's belief as to all matters not therein stated upon deponent's knowledge are as follows: Books, records and statements of the Lienor. Joel Weber Sworn to before me this 6"" da November, 2019 NOTARY PUBLIC ANDREIBELLINGER NotaryPublic-5tate ofNewYork NO.01BE6361710 Qualifiedin KingsCounty Expires My Commission Jul17,2021 3