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  • Caroline Rullan v. Ita Shimon, Jacob Shimon, Cityscape Builders Llc, Meyer Frank, Esther Vega FrankTorts - Other Negligence (premises) document preview
  • Caroline Rullan v. Ita Shimon, Jacob Shimon, Cityscape Builders Llc, Meyer Frank, Esther Vega FrankTorts - Other Negligence (premises) document preview
  • Caroline Rullan v. Ita Shimon, Jacob Shimon, Cityscape Builders Llc, Meyer Frank, Esther Vega FrankTorts - Other Negligence (premises) document preview
  • Caroline Rullan v. Ita Shimon, Jacob Shimon, Cityscape Builders Llc, Meyer Frank, Esther Vega FrankTorts - Other Negligence (premises) document preview
  • Caroline Rullan v. Ita Shimon, Jacob Shimon, Cityscape Builders Llc, Meyer Frank, Esther Vega FrankTorts - Other Negligence (premises) document preview
  • Caroline Rullan v. Ita Shimon, Jacob Shimon, Cityscape Builders Llc, Meyer Frank, Esther Vega FrankTorts - Other Negligence (premises) document preview
  • Caroline Rullan v. Ita Shimon, Jacob Shimon, Cityscape Builders Llc, Meyer Frank, Esther Vega FrankTorts - Other Negligence (premises) document preview
  • Caroline Rullan v. Ita Shimon, Jacob Shimon, Cityscape Builders Llc, Meyer Frank, Esther Vega FrankTorts - Other Negligence (premises) document preview
						
                                

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FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023 EXHIBIT A FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023 NOV ID: 7535105 OHP Form 194CIV THE CITY OF NEW YORK DEVELOPMENT (Rev.6/2013) DEPARTMENT OF HOUSING PRESERVATION AND DIVISION OF CODE ENFORCEMENT DCE/ BROOKLYN BORO OFFICE . 701 EUCLlD AVENUE a oevebpmma BROOKLYN, NY 11208 fth nyc.govepd BORO AREA BLDG TYPE REG. NO. DATE REPORTED CYCLE # PAGE LOCATION BK O N/A 0 11/04/2021 490282 1 of 1 1670 44 STREET NOTICE OF VIOLATION All violations listed below are CLASS B MOLD OWNER . AII violations listed below must be CORRECTED by 12/09/2021 1670 44 STREET and CERTIFIED as corrected by 12/23/2021 BROOKLYN, NY 11204 VlOLATION ORDER VIOLATION DESCRIPTION NO. 14665285 550 § 27-2017.3 HMC: TRACE AND REPAIR THE SOURCE AND ABATE THE VISIBLE MOLD CONDITION... AT CEILING ( APPROX- 3 SQ.FT ) AT CELLAR ORIGINAL VIOLATION 14424898 ISSUED 17-JUN-21 HAS BEEN UPGRADED TO CLASS B PER ADMINISTRATIVE CODE §27-2017.3a(3)(a) or (b). AN ASTERISK(*) FOLLOWING AN ORDER NUMBER DENOTES A RENT IMPAIRING VIOLATIOtt (MDL § 30) IMPORTANT: THE CORRECTION (1) DATE LISTED ABOVE DOES NOT APPLY TO HEAT AND HOT WATER NIOl.AnONS VIOLS ANDOTHER VIOLATIONS OF SUBCHAPTER II, ARTICLE 8 OF THE HOUSING MAINTENANG COOE. (2) READ THE INSTRUC ONS ON THE BACK OF THIS NOTICE CAREFULLY. FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023 CIV 194 Mold (rev S/21) Under 10 unit bldg. (all violation dasses) AND 10+ Unit bldg. (class A/Class B upgraded only) AGENCY COPY CERTIFICATION OF CORRECTION OF VIOL.ATION(S) Complete entire form and sign below. State of New York )SS: County of (PRINT NAME), swear or affirm under penalty of perjury as follows: That the building is a multiple dwelling, or is a one- or two-family house and neither I nor any family 1. for the subject property in occupies it, and, I am currently registered with the Division of Code Enforcement member the capacity of: ¤ Owner of the property Officer or Director of the Corporation that owns the property Managing Agent of the property, or Otherwise registered as responsible for the property OR member occupies the That I am the owner of a one or two family house and I or my immediate family dwelling, and therefore are not required to register. That I have examined the area(s) identified on the Notice of Violation ID by violation(s) 2. I have and to my knowledge such violation(s) whose number(s) number(s) in accordance with the safe work listed was (were) corrected, including the source of the mold condition, practices outlined in Administrative Code §27-2017.9 and 28 RCNY §54-04(b) on (date) by: ____Myself, an employee, or managing agent _ Print Name OR That if a firm was used to perform mold assessment and mold remediation or abatement all work was performed in accordance with Article 32 of New York State Labor Law using safe work practices as outlined in Administrative Code §27-2017.9 and 28 RCNY §54-04(b). And I have attached the following: s A copy of the Mold Assessment Contractor license Firm Name AND a A copy of the Mold Remediation Contractor license OR the Mold Remediator's Worker Supervisor's license Firm Name 3. My signature below indicates that I am submitting a separate and distinct certification for each violation listed above by violation number and I am aware that I am subject to penalties for false certification for each violation certified on this form. Swom to me this day of 20_ Signature Notary Public Print Name Phone Number THE MAKING OF A FALSE CERTIFICATION IS A CRIME PUNISHABLE BY A FINE AND.R IMPRISONMENT Pnnted on paper containing 30% post-consumer material FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023 7531688 OHP Form 194 CIV NOV ID: THE CITY OF NEW YORK (Rev. 6/2013) DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT DIVISION OF CODE ENFORCEMENT DCE/ BROOKLYN BORO OFFICE Department of 701 EUCLID AVENUE opmet BROOKLYN, NY 11208 nyc.gov/hpd CYCLE # PAGE LOCATION BORO AREA BLDG TYPE REG. NO. DATE REPORTED 489527 1 of 1 1670 44 STREET BK 0 N/A 0 10/30/2021 I NOTICE OF VIOLATION All violations listed below are CLASS B MOLD All violations listed below must be CORRECTED 12/06/2021 OWNER . by 1670 44 STREET and CERTIFIED as corrected by 12/20/2021 OKLYN, NY 11204 VIOLATION ORDER VIOLATION DESCRIPTION NO. SOURCE AND ABATE THE VISIBLE MOLD CONDITION... 14657385 550 § 27-2017.3 HMC: TRACE AND REPAIR THE APPROXIMATELY 16 SQUARE FEET AT NORTH WALL AT CELLAR ORIGINAL VIOLATION 14414686 ISSUED 17-JUN-21 HAS BEEN UPGRADED TO CLASS B PER ADMINISTRATIVE CODE §27-2017.3a(3)(a) or (b). AN ASTERISK(*) FOLLOWING AN ORDER NUMBER DENOTES A RENT IMPAIRING VIOLATION (MDL § 302a) IMPORTANT: (1) THE CORRECTION DATE LISTED ABOVE DOES NOT APPLY TO HEAT AND HOT NO. WATER VIOLATIONS VIOLS AND OTHER VIOLATIONS OF SUBCHAPTER II, ARTICLE 8 OF THE HOUSING READ THE INSTRUCHONS ON THE BACK OF THIS MAINTENANCE CODE. (2) NOTICE CAREFULLY. FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023 CIV 194 Mold (rev 5/21) Under 10 unit bldg. (all violation dasses) AND 10+ Unit bldg. (class A/Class B upgraded only) AGENCY COPY CERTIFICATION OF CORRECTION OF VIOLATION(S) Complete entire form and sign below. State of New York )SS: County of (PRINT NAME), swear or affirm under of perjury as follows: penalty That the building is a multiple dwelling, or is a one- or house and neither I nor any family two-family member occupies it, and, I am currently registered with the Division of Code Enforcement for the subject property in the capacity of: Owner of the property Officer or Director of the Corporation that owns the property Managing Agent of the property, or Otherwise registered as responsible for the property OR That I am the owner of a one or two family house and I or my immediate family member.occupies the dwelling, and therefore are not required to register. 2. That I have examined the area(s) identified on the Notice of Violation ID by violation(s) number(s) and to my knowledge such violation(s) whose number(s) I have listed was (were) corrected, including the source of the mold condition, in accordance with the safe work practices outlined in Administrative Code §27-2017.9 and 28 RCNY §54-04(b) on (date) by: _____Myself, an employee, or managing agent Print Name OR _That if a firm was used to perform mold assessment and mold remediation or abatement all work was performed in accordance with Article 32 of New York State Labor Law using safe work practices as outlined in Administrative Code §27-2017.9 and 28 RCNY §54-04(b). And I have attached the following: m A copy of the Mold Assessment Contractor license Firm Name AND s A copy of the Mold Remediation Contractor license OR the Mold Remediator's Worker Supervisor's license Firm Name 3. My signature below indicates that I am submitting a separate and distinct certification for each violation listed above by violation number and I am aware that I am subject to penalties for false certification for each violation certified on this form. Swom to me this day of ,20 -- - - - - -- ---- Signature Notary Public Print Name Phone Number THE MAKING OF A FALSE CERTIFICATION IS A CRIME PUNISHABLE BY A FINE AND/OR IMPRISONMENT Printed on paper containing 30% post-consumer material. FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023 NYC DEPARTMENT OF BUILDINGS LL00592 ADMINISTRATIVE ENFORCEMENT UNIT 280 BROADWAY, 5TH FLOOR NEW YORK, NY 10007 Buildings (212) 393-2405 Mailing date: 10/07/2021 Respondent: SHIMON JACOB Summons #: 035536579L Installation: 3128370 SHIMON JACOB 1670 44TH ST 4/ass BROOKLYN NY 11204-1048 DEPT. OF BUILDINGS (PETITIONER) SHIMON JACOB (RESPONDENT) . . _ Time: 08:30 A.M. Location: 9 BOND STREET FLOOR 7TH BROOKLYN Hearing Date: 02/02/2022 Date of violation: 09/20/21 Place of occurrence: 1670 44 STREET BROOKLYN Observation made by: 2647 AHMAD,USMAN or other rules and regulations Violation(s) of NYC Construction, Admin., or Electrical Codes, Penalty: Standard Admit Default Section Class Description ORDER TO FILE $1,250 $1,250 $6,250 AC 28-204.4 2 FAIL TO COMPLY W COMMISSIONER COMMISSIONERS ORDER CONTAINED IN SUMMONS/VI NOTES: FAILURE TO COMPLY WITH THE OLATION#39043076J ISSUED ON 06/18/21 AND TO FILE A CERTIFICATE OF CORR ECTION PURSUANT TO 28-201.1 AND 1RCNY 102-01.OCCUPANCY CONTRARY TO THA VIOLATING CONDITIONS: If either box below is checked, there are aggravating factors AGGRAVATED associated with this summons and you may be assessed a higher penalty amount. Aggravated I Aggravated II COMMISSIONER'S ORDER: The premises cited above is in violation of the NYC Construction Codes, Title 27 or Title 28 of the NYC Admin Code, NYC Electrical code, NYC Zoning Resolution, or other rules and regulations. IT IS ORDERED that these summonses be remedied and certified to be in compliance submitting documentation as noted on the back of this notice. by REDUCED PENALTY OPTIONS (no hearing appearance required for these options): The reduced penalty options below are available ONLY if one of the boxes is checked. Cure - correction and certification by resulting in a zero penalty. Early Stipulation - Pre-Hearing Stipulation Offer letter is attached (pay reduced Pre-hearing Amount above with agreement to provide acceptable compliance by .) Penalty ADMIT OPTION: You may pay a standard, Aggravated I or Aggravated II penalty WITHOUT APPEARING AT A HEARING. See reverse side of this notice for details. YOU (THE RESPONDENT) MUST COMPLY WITH THE COMMISSIONER'S ORDER and must pay -the standard, Aggravated I, or Aggravated II penalty UNLESS: - you are eligible for a reduced penalty option and you meet all requirements (including payment); or - you appear at the on the hearing date above and OATH dismisses the charge(s). hearing For more information on exact penalty amounts, including aggravated conditions, and related information, see the DOB Penalty Table in the violation area of www.nyc.gov/buildings. HEARING OPTION (attend hearing): If you contend that you are not liable for the summons, you must APPEAR AT THE HEARING on the date, at the time and at the place stated above. Your hearing will be held pursuant to NYC Charter Sec. 1049-a and related rules It is your opportunity to answer and defend against the charges set forth in this summons. IF YOU FAIL TO COMPLY WITH THE COMMISSIONER'S ORDER TO APPEAR AT THE HEARING IF REQUIRED TO DO SO, YOU WILL BE DEEMED IN VIOLATION AND YOU WILL BE SUBJECT TO THE DEFAULT PENALTY ABOVE. READ THE REVERSE SIDE OF THIS NOTICE FOR INSTRUCTIONS. FOR FURTHER QUESTIONS, CONTACT NYC DEPARTMENT OF BUILDINGS, AEU, 280 BROADWAY, 5TH NEW YORK NY 10007 - (212)393-2405 FLOOR, .. G22L-Summons v06252018 SELF FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023 City of New York OMH o New York NY 10272-2339 HearingsDivision Mailing date of this order: 06/08/2022 Respondent: SHIMAN, JACOB Summons # : 035566698L SHIMAN, JACOB 1670 44TH ST BROOKLYN NY 3/702 -------- 11204-1048 New Hearing Date: 07/27/2022 Time: 08:30 Location: BROOKLYN 9 BOND STREET Floor 7TH You or someone who represents against you MUST appear you. If you need for the hearing or the an case will be decided interpreter, one will be provided for free. Until further notice, hearings will our website be by phone, at nyc.gov/oath online or by mail. For more information visit - For a hearing by phone, email the You must. request hearing location where your your hearing on or before hearing is scheduled to occur. the new date Bronx: hearing indicated above. RemoteBronx@oath.nyc.gov Brooklyn: RemoteBKLYN@oath.nyc.gov Manhattan: RemoteManhattan@oath.nyc.gov Queens: RemoteLIC@oath.nyc.gov Staten Island: RemoteSI@oath.nyc.gov - For a hearing online, visit the OATH website at online defense on or nyc.gov/oath. You must submit before the new hearing your written date indicated above. - For hearings by mail, mail your defense at least five to: (5) days before the new hearing date OATH Remote Hearings Unit 66 John Street, 10th floor Rew York, NY 10038 If you cannot participate in a phone hearing, online hearing or Livehearings@oath,nyc.gov to request an in-person hearing by mail, you email hearing. may If you or your representative cannot appear on or by the new hearing must contact us prior to the new hearing date listed above, you date by visiting OATH at nyc.gov/oath Clerk's Office section of the website to learn and going to the how to request a reschedule of the date. hearing If you fail to appear or reschedule this hearing, you will not be given under Section 6-21(e) of Title 48 another hearing date, of the Rules of the of New City York. Need help in your language? Visit nyc.gov/oath or call 311 for assistance GO7B-Reschedule Notice v12012016 SELF FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023 IMMEDIATELY HAZARDOUS CLASS 1 SUMMONS Bulidings NOTICE OF RE-INSPECTION AND FAILURE TO COMPLY CORRECTION REQUIRED IMMEDIATELY 02/15/2022 SHIMON, JACOB 1670 44TH ST. BROOKLYN NY 11204-1048 Re: Summons number 39043077L- RE-INSPECTED, FAILURE TO COMPLY SUMMONS ISSUED Dear SHIMON, JACOB: Department of Buildings (Department) issued a Class 1 Immediately Hazardous On 8 /02/Jun, the New York City 39043077Lat your property. Our records show that to date, the summons has NOT been resolved summons, number and remains open. "open" result in the issuance of a $1,500 or DOB Civil Uncorrected Immediately Hazardous Class 1 summonses may State Law and the New York Penalty and every sixty days, an additional re-inspection prescribed by New York City Administrative Code. Just paying the will not resolve the summons. penalty On 4 /02/Jan, the summons was re-inspected to determine if the condition(s) have been corrected and that violating an acceptable certificate of correction has been filed with the Departmenes Administrative Enforcement Unit (AEU). The re-inspection revealed the continue to exist and/or that an acceptable certificate of correction violating condition(s) has not been submitted. As a result, 35566698L was issued for failing to comply with the Commissioner's Order found in summons number 39043077L. Each re-inspection that reveals the violating condition(s) continue to exist 9r that an acceptable c rtificate of norrection han not been filed, will result in the issuance of an additional Summons that carries a monetary penalty. O What You Have To Do " Correct the violating right condition(s) away o Always hire a licensed professional and ensure plans are filed and approved by the Department prior to work starting and that permits are issued " Show the Department of Buildings that the condition(s) has been corrected o How: File a Certificate of Correction Immediately o Where: Online, through our DOBNOW system, BIS options (details below) O How To Show Us You Corrected The Violating Condition(s) " Gather and complete the necessary forms. Forms may be accessed on our website at: www.nyc.gov/aeuforms. " Submit a Certificate of Correction application including proof of correction with a signed " To submit a Certificate statement. of Correction request, use an eFiling account to log into DOB NOW at www.nyc.gov/dobnow and select the BIS portal. If you need to create an eFiling * account, visit O Have A We Are Here To Question, Help You " By phone: Call AEU at (212) 393-2405. " Online Help: Access our help form at " Website: www.nyc.gov/dobhelp Additional information can be found on our website at www.nyc.qov/aeu. Be advised, failure to submit an acceptable records. Let s work together certificate of correction will result in the to address summons "open" these issues and resolve remaining in our necessary. the complaint so that no further action is Sincerely, Melanie E. La Rocca Commissioner build sofe live sofe Sg:4/20 FILED: KINGS COUNTY CLERK 11/22/2023 04:23 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/22/2023 P.O. Box 2339 Peck Slip Station New York NY 10272-2339 OATH HearingsDivision Mailing date of this order: 02/09/2022 Respondent: SEIMON JACOB Summons # : 035536579L 2/472 SHIMON JACOB 1670 44TH ST BROOKLYN NY 11204-1048 DECISION BASED ON FAILURE T