Preview
FILED: SULLIVAN COUNTY CLERK 05/24/2023 12:21 PM INDEX NO. E2023-753
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/24/2023
SUPREME COURT OF SULLIVAN COUNTY Index # E2023-753
STATE OF NEW YORK
---------------------------------------X
BRIANROMAN,
Petitioner-tenant,
-against- VERIFIED PETITION
HINDA SOLOMON, DOVID SOLOMON, and
HERSH SOLOMON,
Respondents-landlords,
51 High Street, Apt. 4
Monticello, NY 12701 ("subject premises")
__...________________________________-.x
MILAD MOMENI, Esq., an attorney duly admitted to practice law before the Courts of the
State of New York, hereby affirms under penalties of perjury:
1. I am of counsel to Legal Services ofthe Hudson Valley, attorneys for the Petitioner-Tenant
BRIAN ROMAN (hereinafter "Petitioner"), and as such, I am familiar with the facts and
circumstances of this case.
2. I bring this emergency petition by order to show cause pursuant to Real Property Actions
and Proceedings Law ("RPAPL") § 721 (10).
3. This is a summary unlawful eviction proceeding brought pursuant to, inter alia, RPAPL §
768 (1) because essential services, after numerous requests to do so were made by
have been shut off or removed from the subject premises Respondents-
Petitioner, by
Landlords HINDA SOLOMON, DOVID SOLOMON, and HERSH SOLOMON
(hereinafter collectively referred to as "Respondents"), and Respondents have refused to
restore services.
Respondents'
4. Due to unlawful conduct, Petitioner is entitled to recover damages pursuant
to RPAPL § 853.
5. This order to show cause is the first matter to be filed in any court regarding the issues at
hand.
PARTIES
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6. According to county clerk records, 51 High Street, Monticello, NY 12701 ("subject
building") is a multiple dwelling located in the County of Sullivan, State of New York.
7. All three (3) named respondents here, in their individual capacities, are co-owners of the
subject building. Deed, dated/recorded June 22, 2022, Exhibit A.
8. Petitioner resides as the tenant of record in the subject premises. See generally Petitioner's
Affidavit, dated May 15, 2023, Exhibit B.
VENUE
9. Venue in this Court is proper because it is where the Petitioner resides, where the
Respondents do business and where the subject property is located and where all material
events took place.
STATEMENT OF FACTS
10. Pursuant to a rental agreement between Petitioner and Respondents that was executed on
or around August 2022, Petitioner has resided at subject premises for approximately nine
(9) months. See Petitioner's Affidavit/Exhibit B at paras. 3-4.
11. Respondents have deprived Petitioner of essential services that violate the implied warranty
of habitability, including but not limited to:
a. Non-functioning toilet;
b. Non-functioning stove and oven;
Respondents'
c. removal of mailbox for subject premises;
d. Lack of heat and hot water dating back to December 2022;
e. Shattered/broken windows. See id. at para. 8.
12. Due to the lack of heat, in combination with the deprivation of other essential services and
continuation of habitability issues, since November 2022, Petitioner has been terminated
from two (2) employment positions. Petitioner has lost both sleep and money due to
Respondents'
conduct. See id. at paras. 9-13.
13. The lack of a mailbox has been especially troublesome for P etitioner because he is
attempting to work with the Sullivan County Department of Social Services ("DSS") to
apply for benefits. Currently, he is unable to receive packages from the agency due to the
lack of a mailbox. There are identifiable mailboxes by the front door for the other three (3)
units in the subject building. See Photo of Mailboxes, dated May 23, 2023, Exhibit C.
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14. To no avail, Petitioner has made numerous requests to Respondents and their agents to
correct the conditions and restore essential services. See generally Screenshots of
Communications between Petitioner and Respondents and/or agents of Respondents,
Exhibit D.
Respondents'
15. On or around March 23, 2023, agent, known to Petitioner as "Dawnmarie
Kirchner,"
text messaged Petitioner stating that "Mr. Solomon Said please gather your
will." Kirchner"
belongings and leave. Ifhe had to hire security, he Text from "Dawnmarie
to Petitioner, dated on or around March 23, 2023, Exhibit E.
16. On or around April 21, 2023, Petitioner, through his attorneys, mailed Respondents a letter
demanding that essential services be restored on or before May 1, 2023. Respondents failed
to reach out to Petitioner or Petitioner's attorneys regarding restoration.See Demand Letter
with Receipt of Certified USPS Mailing, dated April 1, 2023, Exhibit F.
17. According to the clerks of the Middletown and Thompson justice courts and the NYSCEF
system where county Supreme civil cases are filed, there is no pending eviction proceeding
brought against Petitioner. In spite of this, Respondents have availed themselves of self-
help eviction by discontinuing essential services and engaging in a course of conduct
intended to prevent Petitioner's lawful occupancy and to induce him to vacate.
CLAIMS FOR RELIEF
FIRST CAUSE OF ACTION
Unlawful Eviction - RPAPL
§ 768
18. RPAPL prohibits any person from evicting or attempting to evict an occupant of a dwelling
unit after thirty consecutive days of occupancy, by using or threatening force, by interfering
with the comfort, repose, peace or quiet of the occupant, or by engaging or threatening to
engage in conduct "including, but not limited to, the interruption or discontinuance of
services."
essential RPAPL § 768 (1).
19. A person who intentionally violates or assists in the violation of provisions of RPAPL §
768 shall be subject to civil penalties of not less than one thousand dollars ($1,000) and
more than ten thousand dollars ($10,000) for each violation. In case of a failure to take all
reasonable and necessary action to restore an occupant to possession, the court shall assess
an additional civil penalty ofnot more than one hundred dollars ($100) per day.See RPAPL
§ 768 (2)(b).
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Respondents'
20. Petitioner remains in possession of the subject premises, despite attempts to
unlawfully evict him, in violation of RPAPL § 768.
21. Based on the foregoing facts, it is unequivocally clear that essential services, namely hot
water, a functioning toilet and oven, and the presence of a mailbox, must be restored and
maintained.
22. Petitioner requests that the Court order Respondents to pay civil penalties of $1,000 per
violation for unlawful eviction pursuant to RPAPL § 768.
SECOND CAUSE OF ACTION
- RPAPL
Unlawful Eviction § 853
23. Petitioner repeats and realleges the allegations contained in paragraphs 1 through 21.
24. RPAPL § 853 provides, inter alia, that if a person is disseized, ejected, or put out of real
property in a forcible or unlawful manner, he is entitled to treble damages in an action
therefore against the wrong doer.
Respondents'
25. wrongful acts as described in the preceding paragraphs were intentional,
malicious, and made for the purpose to disseize, eject, or put Petitioner out of the subject
premises in a forcible or unlawful manner.
attorneys'
26. Accordingly, Petitioner is entitled to an award of treble damages and an award of
Respondents'
fees in connection with, inter alia, partial constructive evidence of Petitioner
from the subject premises.
THIRD CAUSE OF ACTION
Preliminary and Permanent Injunction
27, Petitioner repeats and realleges the allegations contained in paragraphs 1 through 26.
28. By reason of the foregoing, a balancing of the equities favors Petitioner.
29. Petitioner has no adequate remedy at law.
30. Accordingly, Petitioner is entitled to an injunction permanently barring and enjoining
Respondents from interfering with Petitioner's use, occupancy, and enjoyment of the
subject premises and directing Respondents to retum the subject premises to a good and
useable condition by restoring essential services including, but not limited to, hot water,
Apt 4's mailbox, a functioning stove, and a functioning toilet.
31. No prior request for the requested relief has been made.
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FOURTH CAUSE OF ACTION.
Constructive Eviction
32. Petitioner repeats and realleges the allegations contained in paragraphs 1 through 31.
Respondents'
33. wrongful acts as described in the preceding paragraphs were intentional,
malicious, and made for the purpose of injuring Petitioner, and with willful and conscious
disregard of Petitioner or Petitioner's rights.
Respondents'
34. wrongful acts as described in the preceding paragraphs substantially and
materially deprived Petitioner of the beneficial use and enjoyment of a portion of the
subject premises.
35. Accordingly, Petitioner is entitled to an abatement of rent in an amount to be determined
at trial.
WHEREFORE, Petitioner respectfully requests that the Court grant an Order:
a. On the First Cause of Action: (i) restoring essential services, including but not limited
to, heat, hot water, Apt. 4's mailbox, a functioning stove, and a functioning toilet, to
the subject premises, which were shut off and/or deprived from Petitioner in
contravention of RPAPL § 768 (1); and (ii) imposing civil penalties upon
Respondents in an amount to be determined pursuant to RPAPL § 768 (2)(b).
b. On the Second Cause of Action, awarding Petitioner treble damages against
Respondents in an amount to be determined;
c. On the Third Cause of Action, for a preliminary and permanent injunction as set forth
above;
d. On the Fourth Cause of Action, for an abatement of rent in an amount to be
determined; and
e. for such other relief as this Court deems to be just and proper.
Dated: May 2023
New Windsor, NY
By: Milad Momeni, Esq.
Legal Services of the Hudson Valley
59 Windsor Highway, Suite 230
New Windsor, NY 12553
(845) 569-9110, ext. 208 (office)
(914) 595-0908 (direct)
MMomeni@lshv.org
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VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF SULLIVAN )
BRIAN ROMAN, being duly swom, deposes and says:
I am the Petitioner-Tenant in this proceeding, and I have read the Petition and know the
contents to be true to the best of my knowledge, except as to the matter alleged upon information
and belief, and as to those mattas, I believe them to be true.
Brian Roman
Swom to before me on May , 2023
BRETT A. BROGE
Notary Public, State of New Yorit
Qual led n r C
Commission Expires June a,20
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SUPREME COURT OF SULLIVAN COUNTY
STATE OF NEW YORK
---------.._ __..----------------------------X
BRIAN ROMAN,
Petitioner-tenant, Index No. /23
-against-
HINDA SOLOMON, DOVID SOLOMON, and
HERSH SOLOMON,
Respondents-landlords,
51 High Street, Apt. 4
Monticello, NY 12701 ("subject premises")
_ _ _.................._..._ __ _---__ _---_ _ _ _...x
PETITION
Legal Services of the Hudson Valley
Receipt Acknowledged Attorneys for Petitioner-Tenant Brian Roman
By: Milad Momeni, Esq.
DATE: 59 Windsor Highway, Suite 230
New Windsor, NY 12553
(845) 569-9110, ext. 208 (office)
(914) 595-0908 (direct)
MMomeni@1shv.org
Attorney Certificaf on (Rule 130-1.1)
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FILED: SULLIVAN COUNTY CLERK 05/24/2023 12:21 PM INDEX NO. E2023-753 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/24/2023 SUPREME COURT OF SULLIVAN COUNTY Index # E2023-753 STATE OF NEW YORK ---------------------------------------X BRIANROMAN, Petitioner-tenant, -against- VERIFIED PETITION HINDA SOLOMON, DOVID SOLOMON, and HERSH SOLOMON, Respondents-landlords, 51 High Street, Apt. 4 Monticello, NY 12701 ("subject premises") __...________________________________-.x MILAD MOMENI, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms under penalties of perjury: 1. I am of counsel to Legal Services ofthe Hudson Valley, attorneys for the Petitioner-Tenant BRIAN ROMAN (hereinafter "Petitioner"), and as such, I am familiar with the facts and circumstances of this case. 2. I bring this emergency petition by order to show cause pursuant to Real Property Actions and Proceedings Law ("RPAPL") § 721 (10). 3. This is a summary unlawful eviction proceeding brought pursuant to, inter alia, RPAPL § 768 (1) because essential services, after numerous requests to do so were made by have been shut off or removed from the subject premises Respondents- Petitioner, by Landlords HINDA SOLOMON, DOVID SOLOMON, and HERSH SOLOMON (hereinafter collectively referred to as "Respondents"), and Respondents have refused to restore services. Respondents' 4. Due to unlawful conduct, Petitioner is entitled to recover damages pursuant to RPAPL § 853. 5. This order to show cause is the first matter to be filed in any court regarding the issues at hand. PARTIES Page 1 of 7 1 of 7 FILED: SULLIVAN COUNTY CLERK 05/24/2023 12:21 PM INDEX NO. E2023-753 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/24/2023 6. According to county clerk records, 51 High Street, Monticello, NY 12701 ("subject building") is a multiple dwelling located in the County of Sullivan, State of New York. 7. All three (3) named respondents here, in their individual capacities, are co-owners of the subject building. Deed, dated/recorded June 22, 2022, Exhibit A. 8. Petitioner resides as the tenant of record in the subject premises. See generally Petitioner's Affidavit, dated May 15, 2023, Exhibit B. VENUE 9. Venue in this Court is proper because it is where the Petitioner resides, where the Respondents do business and where the subject property is located and where all material events took place. STATEMENT OF FACTS 10. Pursuant to a rental agreement between Petitioner and Respondents that was executed on or around August 2022, Petitioner has resided at subject premises for approximately nine (9) months. See Petitioner's Affidavit/Exhibit B at paras. 3-4. 11. Respondents have deprived Petitioner of essential services that violate the implied warranty of habitability, including but not limited to: a. Non-functioning toilet; b. Non-functioning stove and oven; Respondents' c. removal of mailbox for subject premises; d. Lack of heat and hot water dating back to December 2022; e. Shattered/broken windows. See id. at para. 8. 12. Due to the lack of heat, in combination with the deprivation of other essential services and continuation of habitability issues, since November 2022, Petitioner has been terminated from two (2) employment positions. Petitioner has lost both sleep and money due to Respondents' conduct. See id. at paras. 9-13. 13. The lack of a mailbox has been especially troublesome for P etitioner because he is attempting to work with the Sullivan County Department of Social Services ("DSS") to apply for benefits. Currently, he is unable to receive packages from the agency due to the lack of a mailbox. There are identifiable mailboxes by the front door for the other three (3) units in the subject building. See Photo of Mailboxes, dated May 23, 2023, Exhibit C. Page 2 of 7 2 of 7 FILED: SULLIVAN COUNTY CLERK 05/24/2023 12:21 PM INDEX NO. E2023-753 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/24/2023 14. To no avail, Petitioner has made numerous requests to Respondents and their agents to correct the conditions and restore essential services. See generally Screenshots of Communications between Petitioner and Respondents and/or agents of Respondents, Exhibit D. Respondents' 15. On or around March 23, 2023, agent, known to Petitioner as "Dawnmarie Kirchner," text messaged Petitioner stating that "Mr. Solomon Said please gather your will." Kirchner" belongings and leave. Ifhe had to hire security, he Text from "Dawnmarie to Petitioner, dated on or around March 23, 2023, Exhibit E. 16. On or around April 21, 2023, Petitioner, through his attorneys, mailed Respondents a letter demanding that essential services be restored on or before May 1, 2023. Respondents failed to reach out to Petitioner or Petitioner's attorneys regarding restoration.See Demand Letter with Receipt of Certified USPS Mailing, dated April 1, 2023, Exhibit F. 17. According to the clerks of the Middletown and Thompson justice courts and the NYSCEF system where county Supreme civil cases are filed, there is no pending eviction proceeding brought against Petitioner. In spite of this, Respondents have availed themselves of self- help eviction by discontinuing essential services and engaging in a course of conduct intended to prevent Petitioner's lawful occupancy and to induce him to vacate. CLAIMS FOR RELIEF FIRST CAUSE OF ACTION Unlawful Eviction - RPAPL § 768 18. RPAPL prohibits any person from evicting or attempting to evict an occupant of a dwelling unit after thirty consecutive days of occupancy, by using or threatening force, by interfering with the comfort, repose, peace or quiet of the occupant, or by engaging or threatening to engage in conduct "including, but not limited to, the interruption or discontinuance of services." essential RPAPL § 768 (1). 19. A person who intentionally violates or assists in the violation of provisions of RPAPL § 768 shall be subject to civil penalties of not less than one thousand dollars ($1,000) and more than ten thousand dollars ($10,000) for each violation. In case of a failure to take all reasonable and necessary action to restore an occupant to possession, the court shall assess an additional civil penalty ofnot more than one hundred dollars ($100) per day.See RPAPL § 768 (2)(b). Page 3 of 7 3 of 7 FILED: SULLIVAN COUNTY CLERK 05/24/2023 12:21 PM INDEX NO. E2023-753 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/24/2023 Respondents' 20. Petitioner remains in possession of the subject premises, despite attempts to unlawfully evict him, in violation of RPAPL § 768. 21. Based on the foregoing facts, it is unequivocally clear that essential services, namely hot water, a functioning toilet and oven, and the presence of a mailbox, must be restored and maintained. 22. Petitioner requests that the Court order Respondents to pay civil penalties of $1,000 per violation for unlawful eviction pursuant to RPAPL § 768. SECOND CAUSE OF ACTION - RPAPL Unlawful Eviction § 853 23. Petitioner repeats and realleges the allegations contained in paragraphs 1 through 21. 24. RPAPL § 853 provides, inter alia, that if a person is disseized, ejected, or put out of real property in a forcible or unlawful manner, he is entitled to treble damages in an action therefore against the wrong doer. Respondents' 25. wrongful acts as described in the preceding paragraphs were intentional, malicious, and made for the purpose to disseize, eject, or put Petitioner out of the subject premises in a forcible or unlawful manner. attorneys' 26. Accordingly, Petitioner is entitled to an award of treble damages and an award of Respondents' fees in connection with, inter alia, partial constructive evidence of Petitioner from the subject premises. THIRD CAUSE OF ACTION Preliminary and Permanent Injunction 27, Petitioner repeats and realleges the allegations contained in paragraphs 1 through 26. 28. By reason of the foregoing, a balancing of the equities favors Petitioner. 29. Petitioner has no adequate remedy at law. 30. Accordingly, Petitioner is entitled to an injunction permanently barring and enjoining Respondents from interfering with Petitioner's use, occupancy, and enjoyment of the subject premises and directing Respondents to retum the subject premises to a good and useable condition by restoring essential services including, but not limited to, hot water, Apt 4's mailbox, a functioning stove, and a functioning toilet. 31. No prior request for the requested relief has been made. Page 4 of 7 4 of 7 FILED: SULLIVAN COUNTY CLERK 05/24/2023 12:21 PM INDEX NO. E2023-753 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/24/2023 FOURTH CAUSE OF ACTION. Constructive Eviction 32. Petitioner repeats and realleges the allegations contained in paragraphs 1 through 31. Respondents' 33. wrongful acts as described in the preceding paragraphs were intentional, malicious, and made for the purpose of injuring Petitioner, and with willful and conscious disregard of Petitioner or Petitioner's rights. Respondents' 34. wrongful acts as described in the preceding paragraphs substantially and materially deprived Petitioner of the beneficial use and enjoyment of a portion of the subject premises. 35. Accordingly, Petitioner is entitled to an abatement of rent in an amount to be determined at trial. WHEREFORE, Petitioner respectfully requests that the Court grant an Order: a. On the First Cause of Action: (i) restoring essential services, including but not limited to, heat, hot water, Apt. 4's mailbox, a functioning stove, and a functioning toilet, to the subject premises, which were shut off and/or deprived from Petitioner in contravention of RPAPL § 768 (1); and (ii) imposing civil penalties upon Respondents in an amount to be determined pursuant to RPAPL § 768 (2)(b). b. On the Second Cause of Action, awarding Petitioner treble damages against Respondents in an amount to be determined; c. On the Third Cause of Action, for a preliminary and permanent injunction as set forth above; d. On the Fourth Cause of Action, for an abatement of rent in an amount to be determined; and e. for such other relief as this Court deems to be just and proper. Dated: May 2023 New Windsor, NY By: Milad Momeni, Esq. Legal Services of the Hudson Valley 59 Windsor Highway, Suite 230 New Windsor, NY 12553 (845) 569-9110, ext. 208 (office) (914) 595-0908 (direct) MMomeni@lshv.org Page 5 of 7 5 of 7 FILED: SULLIVAN COUNTY CLERK 05/24/2023 12:21 PM INDEX NO. E2023-753 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/24/2023 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF SULLIVAN ) BRIAN ROMAN, being duly swom, deposes and says: I am the Petitioner-Tenant in this proceeding, and I have read the Petition and know the contents to be true to the best of my knowledge, except as to the matter alleged upon information and belief, and as to those mattas, I believe them to be true. Brian Roman Swom to before me on May , 2023 BRETT A. BROGE Notary Public, State of New Yorit Qual led n r C Commission Expires June a,20 Page of 6 6 of 7 FILED: SULLIVAN COUNTY CLERK 05/24/2023 12:21 PM INDEX NO. E2023-753 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/24/2023 SUPREME COURT OF SULLIVAN COUNTY STATE OF NEW YORK ---------.._ __..----------------------------X BRIAN ROMAN, Petitioner-tenant, Index No. /23 -against- HINDA SOLOMON, DOVID SOLOMON, and HERSH SOLOMON, Respondents-landlords, 51 High Street, Apt. 4 Monticello, NY 12701 ("subject premises") _ _ _.................._..._ __ _---__ _---_ _ _ _...x PETITION Legal Services of the Hudson Valley Receipt Acknowledged Attorneys for Petitioner-Tenant Brian Roman By: Milad Momeni, Esq. DATE: 59 Windsor Highway, Suite 230 New Windsor, NY 12553 (845) 569-9110, ext. 208 (office) (914) 595-0908 (direct) MMomeni@1shv.org Attorney Certificaf on (Rule 130-1.1) Page 7 of 7 7 of 7