Preview
FILED: BRONX COUNTY CLERK 06/30/2021 01:13 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
- --------------- -------X
ESMELIN PENA and LEONELA PENA,
Plaintiffs, DEFENDANT'S DEMAND FOR A
BILL OF PARTICULARS
-against-
Index No.: 30724/2020E
VAN COURTLANDT ASSETS LLC,
Defendant.
___________ ---------------------------------X
PLEASE TAKE NOTICE that pursuant to C.P.L.R. §3043 and §3044, Defendant, VAN
COURTLANDT ASSETS LLC ("Defendant"), hereby demands that Plaintiffs, ESMELIN PENA and
LEONELA PENA ("Plaintiffs"), serve upon the undersigned within thirty (30) days after service of
a copy of this notice, a bill of particulars setting forth the following:
1. With regard to the allegations set forth in the first cause of action of the Complaint,
please set forth with specificity the basis for the claim that Defendant never performed individual
apartment improvements in the premises known or otherwise located at 155 East Moshulu
Parkway North, Apartment 3F, Bronx, NY ("Subject Premises").
2. With regard to the allegations set forth in the second cause of action of the
Complaint, please set forth with specificity the basis for the claim that the rent for the Subject
Premises was increased based on "fraudulently claimed individual apartment improvements that
increases."
were never performed, or other unexplained and unlawful rent
3. With regard to the allegations set forth in the first,second, and third causes of
action of the Complaint, please set forth with specificity:
(a) The date(s) and time(s) Plaintiffs became aware and/or knew of the alleged rent
overcharge;
(b) How Plaintiffs became aware of the alleged rent overcharge;
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FILED: BRONX COUNTY CLERK 06/30/2021 01:13 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/30/2021
(c) Whether Plaintiffs notified Defendant of the alleged rent overcharge. If notice was
given orally, state the date, time and name of the person, agent, representative
or employee of the Defendant who received it. If notice was given in writing,
provides copies thereof; and
(d) What steps, ifany, Plaintiffs took to address the alleged rent overcharge.
4. With regard to the allegations set forth in the first, second, and third causes of
action of the Complaint, please set forth with specificity:
(a) The state/condition of the Subject Premises when Plaintiffs firsttook possession in
June 2018;
(b) The state/condition of any and all appliances and fixtures in the Subject Premises
when Plaintiffs firsttook possession in June 2018; and
Whether Plaintiffs took photographs of the Subject but not
(c) Premises, including
limited to kitchen/bathroom appliances, when they first took possession in June
2018 and/or any other time thereafter through the present. If photographs were
taken, provide copies thereof with a notation of the date or approximate date the
image was captured.
5. With regard to the allegations set forth in the Complaint, please set forth with
specificity and particularity the basis for the claim of alleged damages of approximately
$35,000.00, exclusive of pre-judgment interest and costs.
6. All rent ledgers and/or breakdowns for the Subject Premises reflecting the rent
charged and collected from June 1, 2018 through the present.
Dated: Yonkers, New York
June 30, 2021
Micheli I. Perez, Esq.
NOVICK EDELSTEIN POMERANTZ, P.C.
Attorneys for Defendant
6th
733 Yonkers Avenue,
Yonkers, NY 10704
Tel. (914) 375-0100
Fax (914) 375-0699
Email: meerez@novickedelstein.com
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FILED: BRONX COUNTY CLERK 06/30/2021 01:13 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/30/2021
To: Thomas J. Hillgardner, Esq.
Attorney for Plaintiffs
170th
82-63 street
Jamaica, NY 11432
Tel. (718) 657-0606
Email: tomhillaardner@amail.com
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FILED: BRONX COUNTY CLERK 06/30/2021 01:13 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/30/2021
NOTICE OF ENTRY INDEX NO.: 30724 / YEAR: 2020
Sir:-Please take notice that the within isa (certified) SUPREME COURT OF THE STATE OF NEW YORK
true copy of a COUNTY OF BRONX
duly entered in the office of the clerk of the within
named court on 2021 ESMELIN PENA and LEONELA PENA,
Dated:
Plaintiffs,
YOURS, ETC.
NOVICK, EDELSTEIN, POMERANTZ, P.C. -AGAINST-
VAN COURTLANDT ASSETS LLC,
ATTORNEY FOR Defendant.
OFFICE AND POST OFFICE ADDRESS
733 YONKERS AVENUE
YONKERS, NY 10704
DEFENDANT'S DEMAND FOR A
TO: BILL OF PARTICULARS
ATTORNEY(S) FOR P.C.
NOVICK, EDELSTEIN, POMERANTZ,
NOTICE OF SETTLEMENT Attorney for
SIR:-Please take notice that an order Office and Post Office Telephone
Address,
733 Yonkers Avenue
of which the within isa true copy willbe presented NY 10704
Yonkers,
for settlement to the Hon. 375-0100
(914)
on the Day of 2021 To:
Attorney(s) for
at M.
Service of a copy of the within
ishereby admitted.
Dated, Dated,
Yours, etc.
Novick, Edelstein, Pomerantz, P.C. for
Attorney(s)
Attorney for
Office and post officeaddress
733 Yonkers Avenue
Yonkers, NY 10704
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Preview
FILED: BRONX COUNTY CLERK 06/30/2021 01:13 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX - --------------- -------X ESMELIN PENA and LEONELA PENA, Plaintiffs, DEFENDANT'S DEMAND FOR A BILL OF PARTICULARS -against- Index No.: 30724/2020E VAN COURTLANDT ASSETS LLC, Defendant. ___________ ---------------------------------X PLEASE TAKE NOTICE that pursuant to C.P.L.R. §3043 and §3044, Defendant, VAN COURTLANDT ASSETS LLC ("Defendant"), hereby demands that Plaintiffs, ESMELIN PENA and LEONELA PENA ("Plaintiffs"), serve upon the undersigned within thirty (30) days after service of a copy of this notice, a bill of particulars setting forth the following: 1. With regard to the allegations set forth in the first cause of action of the Complaint, please set forth with specificity the basis for the claim that Defendant never performed individual apartment improvements in the premises known or otherwise located at 155 East Moshulu Parkway North, Apartment 3F, Bronx, NY ("Subject Premises"). 2. With regard to the allegations set forth in the second cause of action of the Complaint, please set forth with specificity the basis for the claim that the rent for the Subject Premises was increased based on "fraudulently claimed individual apartment improvements that increases." were never performed, or other unexplained and unlawful rent 3. With regard to the allegations set forth in the first,second, and third causes of action of the Complaint, please set forth with specificity: (a) The date(s) and time(s) Plaintiffs became aware and/or knew of the alleged rent overcharge; (b) How Plaintiffs became aware of the alleged rent overcharge; 1 of 4 FILED: BRONX COUNTY CLERK 06/30/2021 01:13 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/30/2021 (c) Whether Plaintiffs notified Defendant of the alleged rent overcharge. If notice was given orally, state the date, time and name of the person, agent, representative or employee of the Defendant who received it. If notice was given in writing, provides copies thereof; and (d) What steps, ifany, Plaintiffs took to address the alleged rent overcharge. 4. With regard to the allegations set forth in the first, second, and third causes of action of the Complaint, please set forth with specificity: (a) The state/condition of the Subject Premises when Plaintiffs firsttook possession in June 2018; (b) The state/condition of any and all appliances and fixtures in the Subject Premises when Plaintiffs firsttook possession in June 2018; and Whether Plaintiffs took photographs of the Subject but not (c) Premises, including limited to kitchen/bathroom appliances, when they first took possession in June 2018 and/or any other time thereafter through the present. If photographs were taken, provide copies thereof with a notation of the date or approximate date the image was captured. 5. With regard to the allegations set forth in the Complaint, please set forth with specificity and particularity the basis for the claim of alleged damages of approximately $35,000.00, exclusive of pre-judgment interest and costs. 6. All rent ledgers and/or breakdowns for the Subject Premises reflecting the rent charged and collected from June 1, 2018 through the present. Dated: Yonkers, New York June 30, 2021 Micheli I. Perez, Esq. NOVICK EDELSTEIN POMERANTZ, P.C. Attorneys for Defendant 6th 733 Yonkers Avenue, Yonkers, NY 10704 Tel. (914) 375-0100 Fax (914) 375-0699 Email: meerez@novickedelstein.com 2 of 4 FILED: BRONX COUNTY CLERK 06/30/2021 01:13 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/30/2021 To: Thomas J. Hillgardner, Esq. Attorney for Plaintiffs 170th 82-63 street Jamaica, NY 11432 Tel. (718) 657-0606 Email: tomhillaardner@amail.com 3 of 4 FILED: BRONX COUNTY CLERK 06/30/2021 01:13 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/30/2021 NOTICE OF ENTRY INDEX NO.: 30724 / YEAR: 2020 Sir:-Please take notice that the within isa (certified) SUPREME COURT OF THE STATE OF NEW YORK true copy of a COUNTY OF BRONX duly entered in the office of the clerk of the within named court on 2021 ESMELIN PENA and LEONELA PENA, Dated: Plaintiffs, YOURS, ETC. NOVICK, EDELSTEIN, POMERANTZ, P.C. -AGAINST- VAN COURTLANDT ASSETS LLC, ATTORNEY FOR Defendant. OFFICE AND POST OFFICE ADDRESS 733 YONKERS AVENUE YONKERS, NY 10704 DEFENDANT'S DEMAND FOR A TO: BILL OF PARTICULARS ATTORNEY(S) FOR P.C. NOVICK, EDELSTEIN, POMERANTZ, NOTICE OF SETTLEMENT Attorney for SIR:-Please take notice that an order Office and Post Office Telephone Address, 733 Yonkers Avenue of which the within isa true copy willbe presented NY 10704 Yonkers, for settlement to the Hon. 375-0100 (914) on the Day of 2021 To: Attorney(s) for at M. Service of a copy of the within ishereby admitted. Dated, Dated, Yours, etc. Novick, Edelstein, Pomerantz, P.C. for Attorney(s) Attorney for Office and post officeaddress 733 Yonkers Avenue Yonkers, NY 10704 4 of 4