On July 21, 2021 a
Motion-Secondary
was filed
involving a dispute between
Sutton Hill Ii Llc,
and
Caroline Dunlop-Ripen,
for Other Matters - Contract - Other
in the District Court of Orange County.
Preview
FILED: ORANGE COUNTY CLERK 08/22/2022 01:42 PM INDEX NO. EF005114-2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/22/2022
Supreme Court of the State ofNew York
County of Orange
____________________________--..--
Sutton Hill II LLC Index # EF005114-2021
Plaintiff
-against- Affidavit in Opposition
Caroline Dunlop-Ripen
Defendant
____________....._________..-____-----
State of New York } SS:
County of Orange }
Defendant Caroline Dunlop-Ripen being duly sworn, says:
1. I am the Defendant in the above-captioned action.
2. I made this affidavit in opposition to Plaintiff's motion for summary judgment.
3. There are numerous issues of fact in this matter and Plaintiff has not met its burden on a
motion for summary judgment.
4. Through an affidavit, Plaintiff has submitted a ledger, a list of alleged damages, the last
lease renewal, records from the eviction proceeding they brought against me, and my
documentation of when I moved.
5. At best, the affidavit introduces the ledger as a business record. There is no affidavit from
anyone with personal knowledge as to the conditions in the apartment or abandoned
items.
6. I have examined the ledger and the alleged balance consists of improper charges.
a. It includes a charge for December 2019 rent and late fee for December although I
was a month-to-month tenant who moved out on November 28, 2019 and
therefore did not owe any rent or use and occupancy for December 2019.
items," "cleaning," pass,"
b. It includes $1,527.79 in charges to "remove "parking
microwave," carpet."
"damaged and "replace These charges are unsupported and
Prepared with the assistance of Westchester CLARO
1 of 4
FILED: ORANGE COUNTY CLERK 08/22/2022 01:42 PM INDEX NO. EF005114-2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/22/2022
there is no evidence of any conditions in the apartment beyond normal wear and
tear.
c. It includes a balance of $819.9 in legal fees from charges for preparing pre-court
notices, court documents, and a court appearance. In April 2019 the court
awarded $500 in legal fees and I paid this and the $545 filing fee. This amount is
not included in the $819.9 legal fee balance. That balance is entirely charges that
were unilaterally imposed and not awarded by the Court. I respectfully submit
that Plaintiff was not the prevailing party because I remained in possession after
the April 2019 court proceeding and left before the sheriff served the warrant
issued by the court. The warrant issued by the court states there was a judgment of
possession, and does not list a judgment for money nor for legal fees.
7. The ledger lists a balance of $7151.44 as of December 31, 2019 and subtracts a credit for
security deposit for $2843. The ending balance of $4308.44 is what is claimed in the
complaint. I do not owe and there are material issues of fact regarding Plaintiff's claim
for: $1975 in rent and late fees for December 2019; $1527.79 in post move-out charges;
and a balance of $819.9 in legal fees. These disputed amounts total $4,322.19, or $14.25
more than Plaintiff's claim.
WHEREFORE, I respectfully submit that the Court deny Plaintif 's motion and grant such other
relief it deems just and proper.
Defendant Caroline Dunlop-Ripen
-42--“9weI4iR4hive
-lwide-letown--NY-1-092i
5 E Ll\A $rtfect
Subscribed and sworn to before me on August 1 3 , 2022
(-tova e(ls , N\c1 I &
R E OSCHN
Notary Public
NO. 01FO6356582
QüaHfied in Orange County
My Commission Expires Apr 3, 2025
Prepared with the assistance of Westchester CLARO
2 of 4
FILED: ORANGE COUNTY CLERK 08/22/2022 01:42 PM INDEX NO. EF005114-2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/22/2022
Supreme Court of the State of New York
County of Orange
__________________________________
Sutton Hill II LLC Index # EF005114-2021
Plaintiff
-against- Statement Pursuant to
22 NYCRR 202.8-g
Caroline Dunlop-Ripen
Defendant
________________________________
1. I do not dispute that I entered into a lease agreement for the term June 6 2017 through July 5,
2018.
2. I do not dispute that I renewed the lease for one year ending on July 5 2019. I dispute that I
remained in possession until on or about December 31, 2019 because I vacated on November 28,
2019.
3. I dispute that the amount claimed is based upon unpaid rent. The ledger includes legal fees and
damage charges and a charge for rent and a late fee for December 2019 after I moved out. I
dispute the legal fees as never having been awarded by the Court and damage charges. My
security deposit exceeds the rent balance as of when I moved out so the amount on the ledger is
really comprised of legal fees, damages and rent I do not owe. At the very least there are triable
issues of fact regarding all of these amounts.
4. I do not dispute that Plaintiff was granted a warrant of eviction.
5. I dispute that I abandoned items and that I caused any damage. Any conditions were simply
normal wear and tear.
6. I agree that I have always maintained that I vacated on November 28, 2019.
7. I do not dispute that I haven't paid the $4308.44 claimed, I dispute that this is a legitimate
outstanding balance.
Dated: August, 2022
Caroline Dunlop-Ripen
-2-2PorMilberive
MiddletowarN¥-+0940
9" ^
5 {YV\ (¬C
\{ SsN 1013 2.
Prepared with the assistance of Westchester CLARO
3 of 4
FILED: ORANGE COUNTY CLERK 08/22/2022 01:42 PM INDEX NO. EF005114-2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/22/2022
The undersigned, )on,ý-)han , b ng duly sworn, deposes and says:
1. I am not a party to the above-captioned action and am over 18 years of age.
2. I reside in the State of New York
On August Ï Î I served a true
twFÓ½ , 2022, copy
of Defendant Caroline Dunlop-Ripen's affidavit in opposition to Plaintiff's motion for summary
judgment and response to statement of material facts by regular mail, upon attorneys for the
Plaintiff to:
Smith Carroad Levy Wan & Parikh, LLC
5036 Jericho Turnpike, Suite 201
Commack, NY 11725
a copy of the papers said true in a postpaid, properly-
by mailing by depositing copy
addressed wrapper in an official depository under the exclusive care and custody of the
U.S. Postal Service within the State of New York.
Sworn to be ore me this
day of t, 2022
Notary Public
AMANDAMARIE FOSCHINI
- State of New York
Notary Rublic01F06356582
NO
Qsatified in Orange County2025
Commission Expires Apr 3,
My
4 of 4
Document Filed Date
August 22, 2022
Case Filing Date
July 21, 2021
Category
Other Matters - Contract - Other
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Preview
FILED: ORANGE COUNTY CLERK 08/22/2022 01:42 PM INDEX NO. EF005114-2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/22/2022 Supreme Court of the State ofNew York County of Orange ____________________________--..-- Sutton Hill II LLC Index # EF005114-2021 Plaintiff -against- Affidavit in Opposition Caroline Dunlop-Ripen Defendant ____________....._________..-____----- State of New York } SS: County of Orange } Defendant Caroline Dunlop-Ripen being duly sworn, says: 1. I am the Defendant in the above-captioned action. 2. I made this affidavit in opposition to Plaintiff's motion for summary judgment. 3. There are numerous issues of fact in this matter and Plaintiff has not met its burden on a motion for summary judgment. 4. Through an affidavit, Plaintiff has submitted a ledger, a list of alleged damages, the last lease renewal, records from the eviction proceeding they brought against me, and my documentation of when I moved. 5. At best, the affidavit introduces the ledger as a business record. There is no affidavit from anyone with personal knowledge as to the conditions in the apartment or abandoned items. 6. I have examined the ledger and the alleged balance consists of improper charges. a. It includes a charge for December 2019 rent and late fee for December although I was a month-to-month tenant who moved out on November 28, 2019 and therefore did not owe any rent or use and occupancy for December 2019. items," "cleaning," pass," b. It includes $1,527.79 in charges to "remove "parking microwave," carpet." "damaged and "replace These charges are unsupported and Prepared with the assistance of Westchester CLARO 1 of 4 FILED: ORANGE COUNTY CLERK 08/22/2022 01:42 PM INDEX NO. EF005114-2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/22/2022 there is no evidence of any conditions in the apartment beyond normal wear and tear. c. It includes a balance of $819.9 in legal fees from charges for preparing pre-court notices, court documents, and a court appearance. In April 2019 the court awarded $500 in legal fees and I paid this and the $545 filing fee. This amount is not included in the $819.9 legal fee balance. That balance is entirely charges that were unilaterally imposed and not awarded by the Court. I respectfully submit that Plaintiff was not the prevailing party because I remained in possession after the April 2019 court proceeding and left before the sheriff served the warrant issued by the court. The warrant issued by the court states there was a judgment of possession, and does not list a judgment for money nor for legal fees. 7. The ledger lists a balance of $7151.44 as of December 31, 2019 and subtracts a credit for security deposit for $2843. The ending balance of $4308.44 is what is claimed in the complaint. I do not owe and there are material issues of fact regarding Plaintiff's claim for: $1975 in rent and late fees for December 2019; $1527.79 in post move-out charges; and a balance of $819.9 in legal fees. These disputed amounts total $4,322.19, or $14.25 more than Plaintiff's claim. WHEREFORE, I respectfully submit that the Court deny Plaintif 's motion and grant such other relief it deems just and proper. Defendant Caroline Dunlop-Ripen -42--“9weI4iR4hive -lwide-letown--NY-1-092i 5 E Ll\A $rtfect Subscribed and sworn to before me on August 1 3 , 2022 (-tova e(ls , N\c1 I & R E OSCHN Notary Public NO. 01FO6356582 QüaHfied in Orange County My Commission Expires Apr 3, 2025 Prepared with the assistance of Westchester CLARO 2 of 4 FILED: ORANGE COUNTY CLERK 08/22/2022 01:42 PM INDEX NO. EF005114-2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/22/2022 Supreme Court of the State of New York County of Orange __________________________________ Sutton Hill II LLC Index # EF005114-2021 Plaintiff -against- Statement Pursuant to 22 NYCRR 202.8-g Caroline Dunlop-Ripen Defendant ________________________________ 1. I do not dispute that I entered into a lease agreement for the term June 6 2017 through July 5, 2018. 2. I do not dispute that I renewed the lease for one year ending on July 5 2019. I dispute that I remained in possession until on or about December 31, 2019 because I vacated on November 28, 2019. 3. I dispute that the amount claimed is based upon unpaid rent. The ledger includes legal fees and damage charges and a charge for rent and a late fee for December 2019 after I moved out. I dispute the legal fees as never having been awarded by the Court and damage charges. My security deposit exceeds the rent balance as of when I moved out so the amount on the ledger is really comprised of legal fees, damages and rent I do not owe. At the very least there are triable issues of fact regarding all of these amounts. 4. I do not dispute that Plaintiff was granted a warrant of eviction. 5. I dispute that I abandoned items and that I caused any damage. Any conditions were simply normal wear and tear. 6. I agree that I have always maintained that I vacated on November 28, 2019. 7. I do not dispute that I haven't paid the $4308.44 claimed, I dispute that this is a legitimate outstanding balance. Dated: August, 2022 Caroline Dunlop-Ripen -2-2PorMilberive MiddletowarN¥-+0940 9" ^ 5 {YV\ (¬C \{ SsN 1013 2. Prepared with the assistance of Westchester CLARO 3 of 4 FILED: ORANGE COUNTY CLERK 08/22/2022 01:42 PM INDEX NO. EF005114-2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/22/2022 The undersigned, )on,ý-)han , b ng duly sworn, deposes and says: 1. I am not a party to the above-captioned action and am over 18 years of age. 2. I reside in the State of New York On August Ï Î I served a true twFÓ½ , 2022, copy of Defendant Caroline Dunlop-Ripen's affidavit in opposition to Plaintiff's motion for summary judgment and response to statement of material facts by regular mail, upon attorneys for the Plaintiff to: Smith Carroad Levy Wan & Parikh, LLC 5036 Jericho Turnpike, Suite 201 Commack, NY 11725 a copy of the papers said true in a postpaid, properly- by mailing by depositing copy addressed wrapper in an official depository under the exclusive care and custody of the U.S. Postal Service within the State of New York. Sworn to be ore me this day of t, 2022 Notary Public AMANDAMARIE FOSCHINI - State of New York Notary Rublic01F06356582 NO Qsatified in Orange County2025 Commission Expires Apr 3, My 4 of 4