Preview
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023
EXHIBIT C
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023
Nancy L. Kourland, Esq.
nkourland@lasserlg.com
SENT VIA USPS PRIORITY MAIL:
Ms. Martha Deberry
101 Highland Avenue, Apt 1C
Yonkers, NY 10705
Re: URGENT – ACCESS TO APARTMENT 1C FOR BED BUG TREATMENT
Lessor: Highland Terrace Housing Development Fund Corporation
Lessee: Martha Deberry
Apartment: 101 Highland Avenue, Apt 1C Yonkers, NY 10705
Occupancy Agreement: Occupancy Agreement dated heretofore, between
Corporation-Lessor and Member-Lessee for the Apartment
Dear Ms. Deberry:
This firm is legal counsel to the Highland Terrace Housing Development Fund Corporation
(the “Co-op”), which owns the cooperative building located at 101 Highland Avenue Yonkers, NY
10705 (the “Building”), in which you are the lessee of Apartment 1C located at the Building (the
“Apartment”) pursuant to an occupancy agreement (the “Occupancy Agreement”).
We have been advised that the Co-op and its exterminating company Smithco Pest
Management LLC recently conducted an examination and inspection of the Apartment for the
presence of bed bugs, and confirmed and verified that there is an active bed bug infestation
occurring in the Apartment. As a result, we write today in response to complaints we have
received from the Co-op and Gramatan Management that they have requested access to the
Apartment in order to treat it for the bed bug infestation, but you have failed both to provide access
to date and prepare your Apartment as directed by Smithco.
Please be advised that pursuant to N.Y.C. Housing Maintenance Code §§ 27-2008, 27-
2009, and 27-2018, and Articles 5, 11(b), 11(c), 13(i), 14, 16 of your Occupancy Agreement and
Paragraphs 32 of the House Rules annexed thereto, you must provide the Co-op with access to the
Apartment where such access is necessary to protect the health and safety of the other residents at
the Building and to inspect, treat and prevent any bed bug infestation in your Apartment from
spreading to other dwelling units and the common areas of the Building. The presence of bed bugs
is unsanitary and substantially interferes with the Building’s other residents’ comfort, use and
enjoyment of their respective dwelling units and the Building.
Failure to prepare for the referenced bed bug extermination and provide access requested
above will subject you to fines, damage costs, and additional legal action among other things.
Under your Occupancy Agreement, you will be responsible for the related legal fees and costs.
Therefore, please be sure the Apartment is properly prepared for its bed bug
treatment appointment on Monday, October 16, 2023 with Smithco Pest Management LLC
to access and treat the Apartment for bed bugs.
LASSERLAWGROUP.COM | 212 292 3080 | 633 THIRD AVENUE, SUITE 1301 | NEW YORK, NY 10017
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023
Ltr. to Apt. 1C – Access Letter
October 11, 2023
Page 2 of 2
Attached to this letter is Smithco Pest Management LLC’s Bed Bug Preparation Sheet. If
you need assistance preparing your Apartment for bed bug treatment, the Co-op can arrange
to have one of its vendors prepare it on your behalf and charge you for the related costs.
Please understand that a bed bug infestation is a serious and legitimate health and safety
hazard for you and the other residents living in the Building, and the Co-op and its other residents
anticipate your cooperation in preparing and providing access the Apartment to treat it for bed
bugs.
Thank you in advance for your cooperation. If you have any questions, I can be reached
directly at (212) 376-3205 or nkourland@lasserlg.com.
Very truly yours,
LASSER LAW GROUP, PLLC
By: ______________________________
Nancy L. Kourland
Enc.
cc: Board (via email)
Management (via email)
LASSERLAWGROUP.COM | 212 292 3080 | 633 THIRD AVENUE, SUITE 1301 | NEW YORK, NY 10017
\\lasserprodstorage.file.core.windows.net\shareddriveprod\slasser\Highland Terrace HDFC\1C - Deberry\Access Ltr. - Bed Bugs.docx
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023
Bed Bug Preparation Sheet
List of preparations to be completed by the homeowner before treatment can begin.
1. Wash all linens, bedding material, clothing, stuffed animals etc., in the highest allowable water
temperature and dry on the hottest allowable heat setting.
2. All laundered items such as linens, clothing, stuffed animals, etc. should be placed in new plastic
bags or plastic containers, sealed tightly and relocated to the living room.
3. All clothing items that cannot be laundered must be dry-cleaned. We recommend leaving these
items at the cleaners between the initial treatment and follow-up visit.
4. Remove all items from the closets, including any items on closet shelves. Follow the procedure
above for laundering all clothing. No items should remain in the closet.
5. Remove all miscellaneous items from dressers, night stands, chest etc. and place them in plastic
bags or sealed containers in the center of the living room floor. None of these items should
remain in the bed room.
6. Vacuum floors, carpets and area rugs. Use the crack and crevice attachment around basements
and baseboards, bed frames, sofas and other furniture items. Discard vacuum bags or contents
after use.
7. All luggage that has been used recently during travel must remain empty so that it may be
inspected and treated if necessary.
8. Remove all shelves, picture frames, artwork, wall clocks, and decorative items from the walls
and place on the floor in the same room as they were hanging, these items must be inspected
and treated if necessary.
9. All large pieces of furniture must be pulled as at least 2 feet from the baseboards in every room
of your home.
10. Birds, cats, dogs and humans must remain out of the home during treatment and at least a
minimum of four (4) hours after the treatment is complete. Fish and reptile tanks must be
covered or removed. Air filters and filtration systems for aquatic fish should be turned off during
treatment.
11. All mattress and box spring covers must be removed from mattresses and box springs prior to
our arrival unless you previously installed an encasement that was specifically designed to
control, prevent and eliminate bed bugs.
12. Remove and discard the box spring backing (the thin, fibrous material that is stapled to the
bottom of the box spring) before the treatment
13. Cribs, crib mattresses, and other baby furniture will be inspected and treated as needed.
14. Shoes should be placed in new plastic bags or plastic containers, sealed tightly and relocated to
the living room. If shoes can tolerate a dryer cycle, first place them in the dryer on hottest cycle
for 30 minutes. No shoes should be left in the bedroom or closet.
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023
P
NEW YORK NY 10017-8151
633 3RD AVE
RM 1301
ANDREW A BARANETSKY, ESQ.
LASSER LAW GROUP PLLC
YONKERS NY 10705-1291
101 HIGHLAND AVE
APT 1C
MARTHA DEBERRY
9405 8301 0935 5029 8923 49
10/11/2023
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From: LASSER LAW GROUP PLLC
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FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023
Direct: (212) 376-3205
nkourland@LasserLG.com
TEN (10) DAYS’ NOTICE TO CURE DEFAULT
October 24, 2023
BY HAND
To: Martha Deberry
101 Highland Avenue
Apartment 1C
Yonkers, NY 10705
Re: Highland Terrace Housing Development Fund Corporation
Apartment 1C, Breach of Occupancy Agreement
We represent Highland Terrace Housing Development Fund Corporation (the
“Corporation”).
By letter dated October 11, 2023, we notified you that Smithco Pest Management LLC
would perform a bedbug extermination on October 16, 2023 in Apartment 1C (the “Apartment”)
and provided you with detailed instructions on how to prepare for same.
The Corporation also notified you that failure to provide access for the bedbug
extermination constituted violations of Articles 5, 11(b), 11(c), 13(i), 14, 16 of your Occupancy
Agreement and Paragraph 32 of the House Rules annexed thereto, which provides:
[t]he agents of the Board, and any contractor or workman authorized
by the Board, apartment at any reasonable hour of the day for the
purpose of inspecting such may enter any apartment to ascertain
whether measures are necessary or desirable to control or
exterminate any vermin, insects or other pests and for the purpose of
taking such measures as may be necessary to control or exterminate
any such vermin, insects or other pests. If the Board takes
measures to control or exterminate carpet beetles or bedbugs,
the cost thereof shall be payable by the shareholder, as additional
maintenance.
PLEASE TAKE NOTICE, that if you do not cure your Occupancy Agreement defaults by
preparing for the bedbug extermination and providing the Corporation with access to the
Apartment for bedbug extermination on or before November 1, 2023, a date that is not less than
(10) days from the date hereof, the Corporation will commence an action against you seeking
access to the Apartment and the recovery of its legal fees and expenses.
Very truly yours,
Nancy L. Kourland
LASSERLAWGROUP.COM | 212 292 3080 | 633 THIRD AVENUE, SUITE 1301 | NEW YORK NY 10017
\\lasserprodstorage.file.core.windows.net\shareddriveprod\slasser\Highland Terrace HDFC\1C - Deberry\Notice to Cure Default.docx
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023
Direct: (212) 376-3205
nkourland@LasserLG.com
NOTICE OF FAILURE TO CURE DEFAULT
November 3, 2023
BY HAND
To: Martha Deberry
101 Highland Avenue
Apartment 1C
Yonkers, NY 10705
Re: Highland Terrace Housing Development Fund Corporation
Apartment 1C, Failure to Cure Breach of Occupancy Agreement
We represent Highland Terrace Housing Development Fund Corporation (the
“Corporation”).
By letter dated October 11, 2023, we notified you that Smithco Pest Management LLC
would perform a bedbug extermination on October 16, 2023 in Apartment 1C (the “Apartment”)
and provided you with detailed instructions on how to prepare for same.
The Corporation also notified you that failure to provide access for the bedbug
extermination constituted violations of Articles 5, 11(b), 11(c), 13(i), 14, 16 of your Occupancy
Agreement and Paragraph 32 of the House Rules annexed thereto.
By further notice dated October 24, 2023, the Corporation sent you a 10 Day Notice to
Cure the above-referenced breach by preparing for and providing access for extermination of
bedbugs so the Corporation can eradicate the nuisance.
PLEASE TAKE NOTICE, that you did not cure your breaches of the Occupancy
Agreement by preparing for the bedbug extermination and providing the Corporation with access
to the Apartment for bedbug extermination on or before November 3, 2023,
Very truly yours,
Nancy L. Kourland
LASSERLAWGROUP.COM | 212 292 3080 | 633 THIRD AVENUE, SUITE 1301 | NEW YORK NY 10017
\\lasserprodstorage.file.core.windows.net\shareddriveprod\slasser\Highland Terrace HDFC\1C - Deberry\Failure to Cure Default.docx
Preview
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023 EXHIBIT C FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023 Nancy L. Kourland, Esq. nkourland@lasserlg.com SENT VIA USPS PRIORITY MAIL: Ms. Martha Deberry 101 Highland Avenue, Apt 1C Yonkers, NY 10705 Re: URGENT – ACCESS TO APARTMENT 1C FOR BED BUG TREATMENT Lessor: Highland Terrace Housing Development Fund Corporation Lessee: Martha Deberry Apartment: 101 Highland Avenue, Apt 1C Yonkers, NY 10705 Occupancy Agreement: Occupancy Agreement dated heretofore, between Corporation-Lessor and Member-Lessee for the Apartment Dear Ms. Deberry: This firm is legal counsel to the Highland Terrace Housing Development Fund Corporation (the “Co-op”), which owns the cooperative building located at 101 Highland Avenue Yonkers, NY 10705 (the “Building”), in which you are the lessee of Apartment 1C located at the Building (the “Apartment”) pursuant to an occupancy agreement (the “Occupancy Agreement”). We have been advised that the Co-op and its exterminating company Smithco Pest Management LLC recently conducted an examination and inspection of the Apartment for the presence of bed bugs, and confirmed and verified that there is an active bed bug infestation occurring in the Apartment. As a result, we write today in response to complaints we have received from the Co-op and Gramatan Management that they have requested access to the Apartment in order to treat it for the bed bug infestation, but you have failed both to provide access to date and prepare your Apartment as directed by Smithco. Please be advised that pursuant to N.Y.C. Housing Maintenance Code §§ 27-2008, 27- 2009, and 27-2018, and Articles 5, 11(b), 11(c), 13(i), 14, 16 of your Occupancy Agreement and Paragraphs 32 of the House Rules annexed thereto, you must provide the Co-op with access to the Apartment where such access is necessary to protect the health and safety of the other residents at the Building and to inspect, treat and prevent any bed bug infestation in your Apartment from spreading to other dwelling units and the common areas of the Building. The presence of bed bugs is unsanitary and substantially interferes with the Building’s other residents’ comfort, use and enjoyment of their respective dwelling units and the Building. Failure to prepare for the referenced bed bug extermination and provide access requested above will subject you to fines, damage costs, and additional legal action among other things. Under your Occupancy Agreement, you will be responsible for the related legal fees and costs. Therefore, please be sure the Apartment is properly prepared for its bed bug treatment appointment on Monday, October 16, 2023 with Smithco Pest Management LLC to access and treat the Apartment for bed bugs. LASSERLAWGROUP.COM | 212 292 3080 | 633 THIRD AVENUE, SUITE 1301 | NEW YORK, NY 10017 FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023 Ltr. to Apt. 1C – Access Letter October 11, 2023 Page 2 of 2 Attached to this letter is Smithco Pest Management LLC’s Bed Bug Preparation Sheet. If you need assistance preparing your Apartment for bed bug treatment, the Co-op can arrange to have one of its vendors prepare it on your behalf and charge you for the related costs. Please understand that a bed bug infestation is a serious and legitimate health and safety hazard for you and the other residents living in the Building, and the Co-op and its other residents anticipate your cooperation in preparing and providing access the Apartment to treat it for bed bugs. Thank you in advance for your cooperation. If you have any questions, I can be reached directly at (212) 376-3205 or nkourland@lasserlg.com. Very truly yours, LASSER LAW GROUP, PLLC By: ______________________________ Nancy L. Kourland Enc. cc: Board (via email) Management (via email) LASSERLAWGROUP.COM | 212 292 3080 | 633 THIRD AVENUE, SUITE 1301 | NEW YORK, NY 10017 \\lasserprodstorage.file.core.windows.net\shareddriveprod\slasser\Highland Terrace HDFC\1C - Deberry\Access Ltr. - Bed Bugs.docx FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023 Bed Bug Preparation Sheet List of preparations to be completed by the homeowner before treatment can begin. 1. Wash all linens, bedding material, clothing, stuffed animals etc., in the highest allowable water temperature and dry on the hottest allowable heat setting. 2. All laundered items such as linens, clothing, stuffed animals, etc. should be placed in new plastic bags or plastic containers, sealed tightly and relocated to the living room. 3. All clothing items that cannot be laundered must be dry-cleaned. We recommend leaving these items at the cleaners between the initial treatment and follow-up visit. 4. Remove all items from the closets, including any items on closet shelves. Follow the procedure above for laundering all clothing. No items should remain in the closet. 5. Remove all miscellaneous items from dressers, night stands, chest etc. and place them in plastic bags or sealed containers in the center of the living room floor. None of these items should remain in the bed room. 6. Vacuum floors, carpets and area rugs. Use the crack and crevice attachment around basements and baseboards, bed frames, sofas and other furniture items. Discard vacuum bags or contents after use. 7. All luggage that has been used recently during travel must remain empty so that it may be inspected and treated if necessary. 8. Remove all shelves, picture frames, artwork, wall clocks, and decorative items from the walls and place on the floor in the same room as they were hanging, these items must be inspected and treated if necessary. 9. All large pieces of furniture must be pulled as at least 2 feet from the baseboards in every room of your home. 10. Birds, cats, dogs and humans must remain out of the home during treatment and at least a minimum of four (4) hours after the treatment is complete. Fish and reptile tanks must be covered or removed. Air filters and filtration systems for aquatic fish should be turned off during treatment. 11. All mattress and box spring covers must be removed from mattresses and box springs prior to our arrival unless you previously installed an encasement that was specifically designed to control, prevent and eliminate bed bugs. 12. Remove and discard the box spring backing (the thin, fibrous material that is stapled to the bottom of the box spring) before the treatment 13. Cribs, crib mattresses, and other baby furniture will be inspected and treated as needed. 14. Shoes should be placed in new plastic bags or plastic containers, sealed tightly and relocated to the living room. If shoes can tolerate a dryer cycle, first place them in the dryer on hottest cycle for 30 minutes. No shoes should be left in the bedroom or closet. FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023 P NEW YORK NY 10017-8151 633 3RD AVE RM 1301 ANDREW A BARANETSKY, ESQ. LASSER LAW GROUP PLLC YONKERS NY 10705-1291 101 HIGHLAND AVE APT 1C MARTHA DEBERRY 9405 8301 0935 5029 8923 49 10/11/2023 Insured US POSTAGE $8.05 usps.com PRIORITY MAIL® USPS TRACKING # Mailed from 10017 9405 8301 0935 5029 8923 49 0080 5001 0001 0705 U.S. POSTAGE PAID Click-N-Ship® Click-N-Ship® 842348034862495 RDC 02 C006 10/12/2023 Cut on dotted line. Instructions 9405 8301 0935 5029 8923 49 1. Please use a laser or laser-quality printer. Print Date: 2023-10-11 PRIORITY MAIL® $8.05 Ship Date: 2023-10-11 Extra Services: $0.00 2. Adhere shipping label to package with tape or glue - DO Fees: $0.00 NOT TAPE OVER BARCODE. Be sure all edges are secure. Self-adhesive label is recommended. Total: $8.05 3. Place label so that it does not wrap around the edge of From: LASSER LAW GROUP PLLC the package. ANDREW A BARANETSKY, ESQ. RM 1301 4. Each shipping label number is unique and can be used 633 3RD AVE only once - DO NOT PHOTOCOPY. NEW YORK NY 10017-8151 5. Please use this shipping label on the "ship date" To: selected when you requested the label. MARTHA DEBERRY APT 1C 6. If a mailing receipt is required, present the article and 101 HIGHLAND AVE YONKERS NY 10705-1291 Online e-Label Record at a Post Office for postmark. * Commercial Pricing PRIORITY MAIL® rates apply. There is no fee for USPS Tracking® service on PRIORITY MAIL® service with use of this electronic rate shipping label. Refunds for unused postage paid labels can be requested online 30 days from the print date. Thank you for shipping with the United States Postal Service! Check the status of your shipment on the USPS Tracking® page at usps.com FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023 Direct: (212) 376-3205 nkourland@LasserLG.com TEN (10) DAYS’ NOTICE TO CURE DEFAULT October 24, 2023 BY HAND To: Martha Deberry 101 Highland Avenue Apartment 1C Yonkers, NY 10705 Re: Highland Terrace Housing Development Fund Corporation Apartment 1C, Breach of Occupancy Agreement We represent Highland Terrace Housing Development Fund Corporation (the “Corporation”). By letter dated October 11, 2023, we notified you that Smithco Pest Management LLC would perform a bedbug extermination on October 16, 2023 in Apartment 1C (the “Apartment”) and provided you with detailed instructions on how to prepare for same. The Corporation also notified you that failure to provide access for the bedbug extermination constituted violations of Articles 5, 11(b), 11(c), 13(i), 14, 16 of your Occupancy Agreement and Paragraph 32 of the House Rules annexed thereto, which provides: [t]he agents of the Board, and any contractor or workman authorized by the Board, apartment at any reasonable hour of the day for the purpose of inspecting such may enter any apartment to ascertain whether measures are necessary or desirable to control or exterminate any vermin, insects or other pests and for the purpose of taking such measures as may be necessary to control or exterminate any such vermin, insects or other pests. If the Board takes measures to control or exterminate carpet beetles or bedbugs, the cost thereof shall be payable by the shareholder, as additional maintenance. PLEASE TAKE NOTICE, that if you do not cure your Occupancy Agreement defaults by preparing for the bedbug extermination and providing the Corporation with access to the Apartment for bedbug extermination on or before November 1, 2023, a date that is not less than (10) days from the date hereof, the Corporation will commence an action against you seeking access to the Apartment and the recovery of its legal fees and expenses. Very truly yours, Nancy L. Kourland LASSERLAWGROUP.COM | 212 292 3080 | 633 THIRD AVENUE, SUITE 1301 | NEW YORK NY 10017 \\lasserprodstorage.file.core.windows.net\shareddriveprod\slasser\Highland Terrace HDFC\1C - Deberry\Notice to Cure Default.docx FILED: WESTCHESTER COUNTY CLERK 11/16/2023 12:03 PM INDEX NO. 70939/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/16/2023 Direct: (212) 376-3205 nkourland@LasserLG.com NOTICE OF FAILURE TO CURE DEFAULT November 3, 2023 BY HAND To: Martha Deberry 101 Highland Avenue Apartment 1C Yonkers, NY 10705 Re: Highland Terrace Housing Development Fund Corporation Apartment 1C, Failure to Cure Breach of Occupancy Agreement We represent Highland Terrace Housing Development Fund Corporation (the “Corporation”). By letter dated October 11, 2023, we notified you that Smithco Pest Management LLC would perform a bedbug extermination on October 16, 2023 in Apartment 1C (the “Apartment”) and provided you with detailed instructions on how to prepare for same. The Corporation also notified you that failure to provide access for the bedbug extermination constituted violations of Articles 5, 11(b), 11(c), 13(i), 14, 16 of your Occupancy Agreement and Paragraph 32 of the House Rules annexed thereto. By further notice dated October 24, 2023, the Corporation sent you a 10 Day Notice to Cure the above-referenced breach by preparing for and providing access for extermination of bedbugs so the Corporation can eradicate the nuisance. PLEASE TAKE NOTICE, that you did not cure your breaches of the Occupancy Agreement by preparing for the bedbug extermination and providing the Corporation with access to the Apartment for bedbug extermination on or before November 3, 2023, Very truly yours, Nancy L. Kourland LASSERLAWGROUP.COM | 212 292 3080 | 633 THIRD AVENUE, SUITE 1301 | NEW YORK NY 10017 \\lasserprodstorage.file.core.windows.net\shareddriveprod\slasser\Highland Terrace HDFC\1C - Deberry\Failure to Cure Default.docx