Preview
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:02 PM INDEX NO. 58164/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
FLORA CARABALLO,
Plaintiff, Index No.
-against- SUMMONS
VOSS AVENUE LLC, GEORGE MANAGEMENT
LLC.
Respondent.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon the plaintiff's attorneys
an answer to the complaint in this action within twenty days after service of this summons,
exclusive of the day of service, or within thirty days after service if the summons is not
personally delivered to you within the State of New York. If you fail to answer, judgment will be
taken against you for the relief demanded in the complaint.
Dated: F e b r u ar y 8, 2024
Tarrytown, New York
James L. Marmon, Esq.
Attorneys for Plaintiff
660 White Plains Rd Ste 505
Tarrytown, New York 10591
(914) 631-4046
jmarmon@aol.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
FLORA CARABALLO,
Plaintiff, Index No.
-against- VERIFIED COMPLAINT
VOSS AVENUE LLC, GEORGE MANAGEMENT
LLC.
Respondent.
FLORA CARABALLO (Plaintiff) by and through her attorney alleges as follows:
1. Plaintiff is an individual and former tenant of with address of 660 White Plains Road,
Suite 505, Tarrytown, New York 10591.
2. Defendant VOSS AVENUE LLC is the owner of the building at 188 Voss Avenue,
Yonkers, NY 10703.
3. Defendant GEORGE MANAGEMENT LLC, is the manager of the building at 188
Voss Avenue, Yonkers, NY 10703, with address of 188 Voss Avenue, Yonkers, NY 10703.
4. Plaintiff was the tenant in Apartment 2B at 188 Voss Avenue, Yonkers, NY 10703.
5. Plaintiff complained about the condition of the apartment and finally in September of
2020, refused to pay rent to the landlord but instead put the funds in escrow for payment after the
problems were fixed.
6. On or about November 22, 2020, because of health concerns that Plaintiff was
experiencing, Plaintiff had the apartment tested for mold by Mold Inspection & Testing /MI&T.
(hereinafter "MI&T") a mold testing company with main office at 2100 West Corporate Drive,
Suite D, Addison, IL 60101. (A copy of the report is attached as Exhibit A)
7. The result of the test was provided to Defendants and they agreed to do mold
remediation.
8. Plaintiff was forced to move out of Apartment 2B so that Defendants could do the mold
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remediation. Defendant did not provide Plaintiff with another apartment to live in while the work
was being done, but instead forced Plaintiff to move out of the building and into a motel. Plaintiff
had to store some of her furniture and belongings in a storage unit.
9. Defendants did not get a professional mold remediation company to remove the mold
but instead did the removal themselves.
10. On or about March 11, 2021, Plaintiff had MI&T reinspect test the premises for mold
again because of the remediation by the Defendants. (A copy of this report is attached as Exhibit
B).
11. MI&T found better results but still not within the standards of acceptable levels.
12. Plaintiff could not move back into the premises, because of the continued high mold
levels.
13. Plaintiff also incurred medical problems from COVID and the mold in the apartment.
14. In or about January of 2021, Defendant brought an eviction action against Plaintiff for
non-payment of rent, which case was in Yonkers City Court with Index Number of 0036/2021.
15. Plaintiff needed the money that was in escrow to pay for the motel and the storage
facility that they were forced to utilize.
16. In and around December of 2021, Plaintiff filed a complaint with the New York State
Division of Housing and Community Renewal, which granted an order of payment of one ($1.00)
dollar in rent from then until the problems in the unit were corrected.
AS AND FOR A FIRST CAUSE OF ACTION
17. Plaintiff has been forced to live in a motel room(s) since November of 2020 until
today.
18. Plaintiff moved into the Motel 6, on or about November 28, 2021, Defendants were
forced to move out of their apartment, Unit 2A at 188 Voss Avenue, Yonkers, NY 10703, because
Landlord was going to do mold remediation to the apartment.
19. Plaintiff paid to the Motel 6 - Elmsford from November 28, 2021 until January 31,
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2023 the total of approximately sixty-two thousand, two hundred sixty ($62,260.) dollars.
20. Defendant was still working on the premises and because of the laws of Elmsford,
Plaintiff had to move to a different motel.
21. Defendant still had not completed the required work in the Unit and Plaintiff again had
to move motels back to Motel 6 - Elmsford.
22. Plaintiffpaid to Days Inn from February 1, 2023 until June 30, 2023 the total of
approximately eighteen thousand, nine hundred ($18,900.) dollars.
23. Plaintiff expended another fifteen thousand, three hundred ($15,300.) dollars for the
period July 1,2023 through November 30, 2023.
24. Defendant should have been paid nineteen thousand, five hundred, forty-five ($19,545)
dollars.
25. By reason of the above, Defendant paid a total of seventy-seven thousand, five
($77,005.) dollars in rent because they have been displaced by the mishandling of the repairs by
the Landlord and constructively evicted.
AS AND FOR A SECOND CAUSE OF ACTION
26. Repeats items 1-25 above.
27. Plaintiff had to store much of their belongings in two storage units from November
28, 2021 to the present.
28. Since the unit has not been properly repaired, Plaintiff has had to leave these items in
storage.
29. Plaintiff has paid to the storage units the sum of fourteen six fifty-
thousand, hundred,
eight ($14,658.) dollars.
AS AND FOR A THIRD CAUSE OF ACTION
30. Repeats items 1-29 above.
31. Plaintiff had to have a mold remediation company do mold tests on four (4) different
occasions because the Landlord would not pay for a test to be done.
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32. Defendant had to have additional tests done because Landlord refused to use a certified
mold remediation company to remediate the problem.
33. Because of the above, Defendant is out $2,525.00 for the cost of these tests.
AS AND FOR A FOURTH CAUSE OF ACTION
34. Repeats and alleges items 1-32 above.
35. Defendant sued the Plaintiff in City Court of Yonkers for non-payment of the rent of
$19,545 on or about January, 2021.
36. Said case was settled by a Stipulation of Settlement dated October 23, 2023. See
Exhibit C.
37. Plaintiff signed this agreement because a) there had not been a determination of the
continued $1/month and b) Defendant had promised to submit this claim to his insurance company
for reimbursement.
!
38. In November, 2023, the New York State Division of Housing and Community
Renewal found that the apartment was still not in livable condition and continued the $1/month.
39. Defendant through his attorney indicated that the claim had been submitted to his
insurance company. To date, no claim number has been provided, no questions have been raised,
so denial has been provided and therefore, it would seem that the claim was never submitted.
40. Under the Stipulation, Plaintiff agreed to leave the apartment by November 30, 2023.
41. Because Plaintiff came down with COVID, Plaintiff could not remove the balance of
her belongings in the apartment and this fact was communicated by her attorney to Defendant's
attorney, which stated that Plaintiff would need at least a week in addition.
42. On or about December 10, 2023, Defendant without notice and without a Court Order
and without the involvement of the Sheriff, removed all of the remaining items in the unit and
threw these items in the trash.
43. When Plaintiff came to retrieve her belongings, Defendant stated that he had thrown
them out and that was the end of it.
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44. Plaintiff had furniture, a computer, a couple of tv's, sentimental pictures, tools, kitchen
items, including pots, pans, silverware, china, etc.
45. The cost of these items is over nine thousand, five hundred ($9,500) dollars and
sentimental value.
46. Because of the above, Defendant should be entitled to reimbursement of these six
thousand dollars, plus a value for the willful destruction of items with sentimental value to
Plaintiff.
WHEREFORE, Plaintiff respectfully requests judgment against the Defendant in the amount of
$77,005 on the First Cause of Action, $14,658 for the unnecessary storage as alleged in the Second Cause
of Action, $2,525 for the necessary testing that the Landlord refused to do as alleged in the Third Cause of
Action and $9,500 for specific items damaged and not salvageable as alleged in the Fourth Cause of Action
and such other, further and different relief as this court seems just, proper and equitable.
Dated: F e b r u a r y 8, 2024
Tarrytown, New York
ames L. Marmon, Esq.
Attorneys for Plaintiff
660 White Plains Rd Ste 505
Tarrytown, New York 10591
(914) 631-4046
jmarmon@aol.com
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VERIFICATION
STATE OF NEW YORK )
COUNTY OF ROCKLAND)
The undersigned, FLORA CARABALLO, has read the foregoing Verified Petition and knows the
contents thereof; and the same is true to deponent's knowledge, except as to the matters therein stated
to be alleged on information and belief, and to those matters deponent believes to be true.
Dated: February 23, 2024
Tarrytown, NY
FLORA CARABALLO
Sworpto before me on the
_&_7_ day of February, 2024
otary Public
James L Mannon
Notary Public Stem r? E y:1 York
Westchesia OCZ·.y
Commission F.xpiress/011 / 204, 1
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Preview
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:02 PM INDEX NO. 58164/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER FLORA CARABALLO, Plaintiff, Index No. -against- SUMMONS VOSS AVENUE LLC, GEORGE MANAGEMENT LLC. Respondent. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon the plaintiff's attorneys an answer to the complaint in this action within twenty days after service of this summons, exclusive of the day of service, or within thirty days after service if the summons is not personally delivered to you within the State of New York. If you fail to answer, judgment will be taken against you for the relief demanded in the complaint. Dated: F e b r u ar y 8, 2024 Tarrytown, New York James L. Marmon, Esq. Attorneys for Plaintiff 660 White Plains Rd Ste 505 Tarrytown, New York 10591 (914) 631-4046 jmarmon@aol.com 1 of 7 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:02 PM INDEX NO. 58164/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER FLORA CARABALLO, Plaintiff, Index No. -against- VERIFIED COMPLAINT VOSS AVENUE LLC, GEORGE MANAGEMENT LLC. Respondent. FLORA CARABALLO (Plaintiff) by and through her attorney alleges as follows: 1. Plaintiff is an individual and former tenant of with address of 660 White Plains Road, Suite 505, Tarrytown, New York 10591. 2. Defendant VOSS AVENUE LLC is the owner of the building at 188 Voss Avenue, Yonkers, NY 10703. 3. Defendant GEORGE MANAGEMENT LLC, is the manager of the building at 188 Voss Avenue, Yonkers, NY 10703, with address of 188 Voss Avenue, Yonkers, NY 10703. 4. Plaintiff was the tenant in Apartment 2B at 188 Voss Avenue, Yonkers, NY 10703. 5. Plaintiff complained about the condition of the apartment and finally in September of 2020, refused to pay rent to the landlord but instead put the funds in escrow for payment after the problems were fixed. 6. On or about November 22, 2020, because of health concerns that Plaintiff was experiencing, Plaintiff had the apartment tested for mold by Mold Inspection & Testing /MI&T. (hereinafter "MI&T") a mold testing company with main office at 2100 West Corporate Drive, Suite D, Addison, IL 60101. (A copy of the report is attached as Exhibit A) 7. The result of the test was provided to Defendants and they agreed to do mold remediation. 8. Plaintiff was forced to move out of Apartment 2B so that Defendants could do the mold 2 of 7 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:02 PM INDEX NO. 58164/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 remediation. Defendant did not provide Plaintiff with another apartment to live in while the work was being done, but instead forced Plaintiff to move out of the building and into a motel. Plaintiff had to store some of her furniture and belongings in a storage unit. 9. Defendants did not get a professional mold remediation company to remove the mold but instead did the removal themselves. 10. On or about March 11, 2021, Plaintiff had MI&T reinspect test the premises for mold again because of the remediation by the Defendants. (A copy of this report is attached as Exhibit B). 11. MI&T found better results but still not within the standards of acceptable levels. 12. Plaintiff could not move back into the premises, because of the continued high mold levels. 13. Plaintiff also incurred medical problems from COVID and the mold in the apartment. 14. In or about January of 2021, Defendant brought an eviction action against Plaintiff for non-payment of rent, which case was in Yonkers City Court with Index Number of 0036/2021. 15. Plaintiff needed the money that was in escrow to pay for the motel and the storage facility that they were forced to utilize. 16. In and around December of 2021, Plaintiff filed a complaint with the New York State Division of Housing and Community Renewal, which granted an order of payment of one ($1.00) dollar in rent from then until the problems in the unit were corrected. AS AND FOR A FIRST CAUSE OF ACTION 17. Plaintiff has been forced to live in a motel room(s) since November of 2020 until today. 18. Plaintiff moved into the Motel 6, on or about November 28, 2021, Defendants were forced to move out of their apartment, Unit 2A at 188 Voss Avenue, Yonkers, NY 10703, because Landlord was going to do mold remediation to the apartment. 19. Plaintiff paid to the Motel 6 - Elmsford from November 28, 2021 until January 31, 3 of 7 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:02 PM INDEX NO. 58164/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 2023 the total of approximately sixty-two thousand, two hundred sixty ($62,260.) dollars. 20. Defendant was still working on the premises and because of the laws of Elmsford, Plaintiff had to move to a different motel. 21. Defendant still had not completed the required work in the Unit and Plaintiff again had to move motels back to Motel 6 - Elmsford. 22. Plaintiffpaid to Days Inn from February 1, 2023 until June 30, 2023 the total of approximately eighteen thousand, nine hundred ($18,900.) dollars. 23. Plaintiff expended another fifteen thousand, three hundred ($15,300.) dollars for the period July 1,2023 through November 30, 2023. 24. Defendant should have been paid nineteen thousand, five hundred, forty-five ($19,545) dollars. 25. By reason of the above, Defendant paid a total of seventy-seven thousand, five ($77,005.) dollars in rent because they have been displaced by the mishandling of the repairs by the Landlord and constructively evicted. AS AND FOR A SECOND CAUSE OF ACTION 26. Repeats items 1-25 above. 27. Plaintiff had to store much of their belongings in two storage units from November 28, 2021 to the present. 28. Since the unit has not been properly repaired, Plaintiff has had to leave these items in storage. 29. Plaintiff has paid to the storage units the sum of fourteen six fifty- thousand, hundred, eight ($14,658.) dollars. AS AND FOR A THIRD CAUSE OF ACTION 30. Repeats items 1-29 above. 31. Plaintiff had to have a mold remediation company do mold tests on four (4) different occasions because the Landlord would not pay for a test to be done. 4 of 7 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:02 PM INDEX NO. 58164/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 32. Defendant had to have additional tests done because Landlord refused to use a certified mold remediation company to remediate the problem. 33. Because of the above, Defendant is out $2,525.00 for the cost of these tests. AS AND FOR A FOURTH CAUSE OF ACTION 34. Repeats and alleges items 1-32 above. 35. Defendant sued the Plaintiff in City Court of Yonkers for non-payment of the rent of $19,545 on or about January, 2021. 36. Said case was settled by a Stipulation of Settlement dated October 23, 2023. See Exhibit C. 37. Plaintiff signed this agreement because a) there had not been a determination of the continued $1/month and b) Defendant had promised to submit this claim to his insurance company for reimbursement. ! 38. In November, 2023, the New York State Division of Housing and Community Renewal found that the apartment was still not in livable condition and continued the $1/month. 39. Defendant through his attorney indicated that the claim had been submitted to his insurance company. To date, no claim number has been provided, no questions have been raised, so denial has been provided and therefore, it would seem that the claim was never submitted. 40. Under the Stipulation, Plaintiff agreed to leave the apartment by November 30, 2023. 41. Because Plaintiff came down with COVID, Plaintiff could not remove the balance of her belongings in the apartment and this fact was communicated by her attorney to Defendant's attorney, which stated that Plaintiff would need at least a week in addition. 42. On or about December 10, 2023, Defendant without notice and without a Court Order and without the involvement of the Sheriff, removed all of the remaining items in the unit and threw these items in the trash. 43. When Plaintiff came to retrieve her belongings, Defendant stated that he had thrown them out and that was the end of it. 5 of 7 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:02 PM INDEX NO. 58164/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 44. Plaintiff had furniture, a computer, a couple of tv's, sentimental pictures, tools, kitchen items, including pots, pans, silverware, china, etc. 45. The cost of these items is over nine thousand, five hundred ($9,500) dollars and sentimental value. 46. Because of the above, Defendant should be entitled to reimbursement of these six thousand dollars, plus a value for the willful destruction of items with sentimental value to Plaintiff. WHEREFORE, Plaintiff respectfully requests judgment against the Defendant in the amount of $77,005 on the First Cause of Action, $14,658 for the unnecessary storage as alleged in the Second Cause of Action, $2,525 for the necessary testing that the Landlord refused to do as alleged in the Third Cause of Action and $9,500 for specific items damaged and not salvageable as alleged in the Fourth Cause of Action and such other, further and different relief as this court seems just, proper and equitable. Dated: F e b r u a r y 8, 2024 Tarrytown, New York ames L. Marmon, Esq. Attorneys for Plaintiff 660 White Plains Rd Ste 505 Tarrytown, New York 10591 (914) 631-4046 jmarmon@aol.com 6 of 7 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 04:02 PM INDEX NO. 58164/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 VERIFICATION STATE OF NEW YORK ) COUNTY OF ROCKLAND) The undersigned, FLORA CARABALLO, has read the foregoing Verified Petition and knows the contents thereof; and the same is true to deponent's knowledge, except as to the matters therein stated to be alleged on information and belief, and to those matters deponent believes to be true. Dated: February 23, 2024 Tarrytown, NY FLORA CARABALLO Sworpto before me on the _&_7_ day of February, 2024 otary Public James L Mannon Notary Public Stem r? E y:1 York Westchesia OCZ·.y Commission F.xpiress/011 / 204, 1 7 of 7