Preview
FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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FITNESS FIRST FOR WOMAN CORP, Index No.:
Plaintiff,
SUMMONS
-against-
The basis of venue designated is
B & E ABRAHAM LLC where the parties maintain their
principal place of business
Defendants.
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TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action by serving an
answer on the plaintiff’s attorney within twenty (20) days after the service of this summons, exclusive of
the day of service, or within thirty (30) days after service is complete if this summons is not personally
delivered to you within the State of New York. In the case of your failure to appear or answer, judgment
will be taken against you by default for the relief demanded in the complaint.
Dated: April 17, 2024
_____________________________
R. Diego Velazquez
Jaffe & Velazquez, LLP
Attorneys for Plaintiff
40 Wall St., 13th Floor
New York, New York 10005
Direct: (212) 809-7800 ext. 5710
Fax: (212) 381-9571
dvelazquez@jvattorneys.com
TO:
B & E ABRAHAM LLC
3005 QUENTIN ROAD
BROOKLYN, NY 11229
(VIA DOS SERVICE)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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FITNESS FIRST FOR WOMAN CORP, Index No.:
Plaintiff,
-against-
VERIFIED
B & E ABRAHAM LLC COMPLAINT
Defendants.
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Plaintiff Fitness First for Woman Corp (“Tenant”), by its attorneys, alleges as its complaint
against Defendant B & E Abraham LLC, (“Landlord”) as follows:
PRELIMINARY STATEMENT
1. This action arises from Landlord improperly attempting to terminate Tenant’s lease for a
certain premises located in the Marine Park neighborhood of Brooklyn, where Tenant operates as a
fitness facility named “Fitness First for Woman Corp”
2. Tenant has at all times complied with the terms of the commercial lease, including timely
payment of rent and adherence to rent increase provisions.
3. Despite Tenant’s renewal term on the lease, Landlord has engaged in multiple forms of
harassment, including verbal abuse, spreading misinformation to the public, serving a notice to terminate
tenancy, and commencement of an eviction proceeding, with the goal of improperly forcing Tenant to
vacate the property prematurely before the lease expires.
4. In this action, Tenant seeks a judgment declaring that Tenant has a valid enforceable
lease, Landlord purchased the property subject to the lease, Landlord is bound by the terms of the lease
including the five year renewal term, and a finding that Landlord has engaged in commercial tenant
harassment entitling Tenant to damages and costs.
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PARTIES AND VENUE
5. Plaintiff Fitness First for Woman Corp is a New York domestic corporation with its
principal place of business located at 2976 Quentin Road, Brooklyn, New York 11229 (ground floor
street level retail space and rear yard).
6. Upon information and belief, Defendant B & E Abraham LLC is a domestic limited
liability company with its principal place of business located in Kings County.
7. Upon information and belief Brian Abraham is a member of B & E Abraham LLC.
8. Brian Abraham has been an agent of B & E Abraham LLC since its inception.
9. Brian Abraham has had authority to act on behalf of B & E Abraham LLC since its
inception.
10. Upon information and belief, Elise Abraham is a member of B & E Abraham LLC.
11. Elise Abraham has been an agent of B & E Abraham LLC since its inception.
12. Elise Abraham has had authority to act on behalf of B & E Abraham LLC since its
inception.
13. Venue is proper in Kings County as the location of each party’s respective office per
CPLR §503(c) & (d) and as the location of the real property per CPLR §507
FACTUAL BACKGROUND
A. The Lease
14. Tenant is the tenant of the storefront premises located at 2976 Quentin Road, Brooklyn,
NY 11229 (ground floor street level retail space and rear yard) (the “Premises”), and operates a fitness
facility at said premises.
15. Tenant’s tenancy is pursuant to a commercial lease dated April 28, 2018 (the “Lease”)
with the then-owner of the property.
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16. The Lease dated April 28, 2018, was entered into between Tenant’s sole shareholder,
Claudia Caicedo, and Carmine DeSena, the authorized signatory for 2976 Quentin Road LLC, the then-
landlord of the Premises.
17. Tenant and the then landlord both signed the Lease.
18. Upon execution, the Lease established a landlord-tenant relationship between Tenant and
2976 Quentin Road LLC.
19. The Lease identifies that area to be leased as 2976 Quentin Road, Brooklyn, NY 11229,
Store Front.
20. The Lease states a duration of the lease term as five years.
21. The Lease states a renewal term of five years.
22. The Lease states a monthly rent of two-thousand dollars ($2,000.00) per month due on
the first of each month.
23. The Lease states a yearly increase of fifty dollars $50.00; however, this was verbally
waived by the landlord..
24. The Lease states a two month security deposit of four thousand dollars $4,000.00.
25. On April 30, 2018 at or about 2pm, Claudia Caicedo met with Carmine DeSena at the
Premise where they executed the Lease and a check in the amount of six thousand dollars ($6,000.00)
was tendered for the security deposit and first month’s rent.
26. At this April 30, 2018 meeting, Carmine DeSena tendered the keys to the Premise to
Tenant thereby surrendering absolute possession and control of the property to Tenant as per the Lease.
27. On or about January 25, 2022, ownership of the Premises changed from 2976 Quentin
Road LLC to Brian Abraham while Tenant’s Lease was still in effect, thus, Mr. Abraham purchased the
Premises subject to both the Lease and the landlord-tenant relationship with Tenant.
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28. The deed for this transaction, dated January 25, 2022, was recorded on or about February
9, 2022.
29. On or about March 18, 2022, ownership of the Premises was transferred form Brian
Abraham to Landlord while Tenant’s Lease was still in effect, thus, Landlord received ownership of the
Premises subject to both the Lease and the landlord-tenant relationship with Tenant. Because of this,
Landlord became Tenant’s landlord at that time.
30. The deed for this transaction, dated March 18, 2022, was recorded on or about March 24,
2022.
31. Landlord accepted payment of $2,000.00 through the month of April 2023 without
objection.
32. In March of 2022, Brian Abraham requested a copy of the Lease during a phone call,
claiming that he had misplaced it. He subsequently notified Tenant that he had found it.
33. On or about April 26, 2023, Brian Abraham texted Tenant again requesting a copy of the
Lease claiming that he did not have a copy.
34. On or about April 26, 2023, Tenant texted a photo of the signed Lease dated April 28,
2018 to Brian Abraham.
35. In an attempt to impugn Tenant’s rights under the April 28, 2018 Lease, Brian Abraham
subsequently presented Tenant with a new lease for a term of five years commencing on May 15, 2023
and terminating on May 14, 2028 for rents according to the following schedule:
• $5,500.00 per month from May 15, 2023 to May 15, 2024;
• $5,600.00 per month from May 16, 2024 to May 15, 2025;
• $5,700.00 per month from May 15, 2025 to May 15, 2026;
• $5,800.00 per month from May 15, 2026 to May 15, 2027; and
• $5,900.00 per month from May 15, 2027 to May 15, 2028.
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36. After Tenant refused to sign the proposed 2023 lease, Landlord ramped up its campaign
of harassment against Tenant.
B. Harassment
37. Tenant operates a fitness studio called Fitness First for Woman Corp at the Premises.
38. Despite Tenant’s full compliance with the terms set forth in the Lease, Landlord has
repeatedly harassed Tenant.
39. On or about June 23, 2023, Landlord presented Tenant with a Notice to Vacate the
Premises without merit, attempting to coerce Tenant into vacating the Premises despite Tenant’s
compliance with the Lease.
40. On or about May 14, 2023, Ms. Caicedo was subjected to verbal abuse and threats in the
presence of customers at her place of business when Brian Abraham & Elise Abraham confronted Ms.
Caicedo, acting very aggressively in a threatening manner towards her.
41. Brian Abraham & Elise Abraham shouted at Ms. Caicedo, alleging that she did not have a
lease and that the Marshall would come to clear everything out and place it on the street. They then
threated to sue Ms. Caicedo for the attorney’s fees associated with taking any legal action against her,
and finally left her place of business calling her a “bitch” as they walked away.
42. Tenant filed a complaint with the NYPD, 63rd Precinct on or about May 16, 2023 due to
Landlord’s behavior on that day.
43. On or about July 10, 2023, Brian Abraham again confronted Ms. Caicedo at her place of
business, this time entering inside the business without invitation, escalating tensions, and verbally
declaring in a forceful tone that he was there to make sure she is out by the end of the month.
44. On that same day, Brian Abraham also verbally declared that Ms. Caicedo has been
squatting on the premises for the past three months, and that he would take legal action if she did not
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remove herself by the end of July. He again threatened to sue for thousands of dollars in legal fees and
for lost business if she did not do as he demanded.
45. Despite Ms. Caicedo’s attempts at de-escalation by asking him to leave, he refused to do
so and continued to shout at her, all in the presence of Tenant’s customers.
46. Tenant filed another complaint with the NYPD, 63rd Precinct on or about July 10, 2023
due to Brian Abraham’s harassing actions on that day.
47. Landlord’s campaign of harassment extended to the online social media platform
“Nextdoor,” an app that is focused on community engagement including but not limited to business
recommendations.
48. Elise Abraham has posted libelous misinformation on the Nextdoor application
(hereinafter “the App”) at least eleven (11) times disparaging Tenant’s business and moral character,
going so far as to urge others in the community not to patronize the business.
49. On the App, Elise Abraham has posted the following comments intended to harass
Tenant:
• “Fitness First on Quentin Road is in violation of their lease !!! Don’t patronize this
business!”
• “Their lease expired in April. They won't vacate.”
• “There are plans for the space! Not paying what they are supposed to be! Not Right.”
• “Not law-abiding citizens!!”
• “You don't get it! It's not greed if they are violating a contract and not paying rent!!!”
• “Yes, not paying their rent! Building sold and can't afford no rent!”
• “What's right is right! Other plans for the space! Laws should apply to everyone!!!”
• “Purchased for my son to start his own business ! Waited over a year for lease to expire,
didn’t raise rent at all or ask for security. They know this from the start now they pull
this stunt!”
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• “The tenants were well aware of new ownership! This was purchased for my son to start
a new business to give him a start in life! A week before the lease expires they pull this
unfair disgusting move! I even found them another nearby location! Many times tenants
must relocate, happens all the time! With over a year's notice, their actions are spiteful no
matter what their circumstances! I'm done with this comment! What's right and legal
counts! Have a good day!”
• “I have an attorney. It's a process! I shouldn't be in this situation, that's all! Have a nice
day.”
• “Too quick to defend the wrongful party!!!! Sorry I voiced my frustration! No other
tenant in the wings!”
50. On or about July 11, 2023, Tenant, by way of its counsel, served on Landlord’s counsel a
letter demanding that Landlord cease and desist harassment.
51. On or about November 5, 2023, Landlord, by way of Brian Abraham, confronted a
customer of Tenant just outside Tenant’s store front. He told this customer that he was going to sue her
as well.
52. Harassment has continued by Landlord’s commencement of a holdover proceeding
seeking to evict Tenant; B & E Abraham LLC v. Fitness first for Women Corp, et al., Civil Court of the
City of New York, County of Kings: Non Housing Part 52, Index No. LT-329313-23/KI.
53. This matter was dismissed at significant expense to Tenant on Tenant’s motion to dismiss
due to improper service of the predicate 30 notice to terminate tenancy.
FIRST CAUSE OF ACTION
(Declaratory Judgment – Landlord bound by Lease)
54. Tenant repeats and realleges the allegations contained in paragraphs 1-53 of the
complaint as if fully set forth herein.
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55. Tenant contends that Landlord is bound by the Lease entered into on April 28, 2018, and
by extension the renewal term.
56. Landlord accepted rent payments until April 2023.
57. Tenant had informed Landlord of its exercise of the 5-year renewal term pursuant to the
Lease.
58. Landlord contends that Tenant does not have a valid enforceable lease in effect.
59. A justiciable controversy exists.
60. Tenant has no adequate remedy at law.
61. Accordingly, Tenant is entitled to a judgment declaring that Tenant’s Lease is valid, not
expired, and that Landlord must honor the Lease including the 5-year renewal term.
SECOND CAUSE OF ACTION
(Commercial Tenant Harassment)
62. Tenant repeats and realleges the allegations contained in paragraphs 1-61 of the
complaint as if fully set forth herein.
63. Tenant is a “commercial tenant” pursuant to NY Admin. Code §22-901.
64. The Premises is a “covered property” pursuant to NYC Admin. Code §22-901.
65. Landlord is a “landlord” pursuant to NYC Admin. Code §22-901.
66. Landlord has engaged in “commercial tenant harassment’ in violation of NYC Admin.
Code §22-902(a)(11) by through actions intended to terminate Tenant’s Lease before the expiration date.
67. Landlord’s acts and omissions “would reasonably cause a commercial tenant to vacate
covered property, or surrender or waive any rights under a lease…in relation to such covered property”
in violation of NYC Admin. Code §22-902(a)(11) by, among other things, seeking to terminate the
Lease based on meritless claims.
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68. Tenant seeks the imposition of the maximum civil penalty pursuant to 22 NYC Admin.
Code §22-903(a).
69. Tenant seeks an order restraining Landlord from engaging in commercial tenant
harassment pursuant to 22 NYC Admin. Code §22-903(a)(1).
70. Tenant seeks an award of such other relief as the court deems appropriate, including but
not limited to injunctive relief, equitable relief, compensatory damages, punitive damages and
reasonable attorneys' fees and court costs pursuant to 22 NYC Admin. Code §22-903(a)(3).
THIRD CAUSE OF ACTION
(Yellowstone injunction)
71. Tenant repeats and realleges the allegations contained in paragraphs 1-70 of the
complaint as if fully set forth herein.
72. Without conceding the existence of any violations, Tenant is not able to complete the cure
of the alleged violations by the cure deadline.
73. If necessary, Tenant is ready, willing and able to cure any defaults found to exist.
74. Tenant, which will lose the Lease and its substantial investment in the Premises, will be
irreparably harmed if the cure period expires and Landlord terminates the Lease prior to completion of
any required cure.
75. Tenant has no adequate remedy at law.
76. Accordingly, Tenant seeks a judgment permanently tolling the cure period and staying
Landlord from terminating the Lease or otherwise seeking possession of the Premises.
WHEREFORE, Plaintiff demands judgment on the first, second, and third causes of action as set forth
above and such other and further relief as the court deems just, proper and equitable.
Dated: April 17, 2024
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_____________________________
R. Diego Velazquez
Jaffe & Velazquez, LLP
Attorneys for Plaintiff
40 Wall St., 13th Floor
New York, New York 10005
Direct: (212) 809-7800 ext. 5710
Fax: (212) 381-9571
dvelazquez@jvattorneys.com
To:
B & E ABRAHAM LLC
3005 QUENTIN ROAD
BROOKLYN, NY 11229
(VIA DOS SERVICE)
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CERTIFICATION
The following SUMMONS and SUMMARY JUDGMENT IN LIEU OF COMPLAINT are
hereby certified pursuant to 22 N.Y.C.R.R. 130-1.1-a.
Dated: New York, New York
April 17, 2024
____________________________
R. Diego Velazquez
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VERIFICATION
State of New York )
ss.:
County of Kings )
Claudia Caicedo, being sworn, deposes and says:
I am the sole shareholder and President of plaintiff, FITNESS FIRST FOR WOMA
N CORP, and
I have read the attached complaint and know its contents to be true. As to those
items stated upon
information and belief, I believe them to be true.
Sworn to before me
-rll-
April 2!_,2024
~ £&,_
Notary Public 7
CARME N E VIERA
NOTARY PUBLIC, STATE OF New YORK
Regiltration No. 01V16275364
Qualified_in Kings 5o~nty
Commission Expires O I- P' .l 0
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,
l_ 13 of 13
Preview
FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X FITNESS FIRST FOR WOMAN CORP, Index No.: Plaintiff, SUMMONS -against- The basis of venue designated is B & E ABRAHAM LLC where the parties maintain their principal place of business Defendants. -------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action by serving an answer on the plaintiff’s attorney within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: April 17, 2024 _____________________________ R. Diego Velazquez Jaffe & Velazquez, LLP Attorneys for Plaintiff 40 Wall St., 13th Floor New York, New York 10005 Direct: (212) 809-7800 ext. 5710 Fax: (212) 381-9571 dvelazquez@jvattorneys.com TO: B & E ABRAHAM LLC 3005 QUENTIN ROAD BROOKLYN, NY 11229 (VIA DOS SERVICE) 1 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X FITNESS FIRST FOR WOMAN CORP, Index No.: Plaintiff, -against- VERIFIED B & E ABRAHAM LLC COMPLAINT Defendants. -------------------------------------------------------------------X Plaintiff Fitness First for Woman Corp (“Tenant”), by its attorneys, alleges as its complaint against Defendant B & E Abraham LLC, (“Landlord”) as follows: PRELIMINARY STATEMENT 1. This action arises from Landlord improperly attempting to terminate Tenant’s lease for a certain premises located in the Marine Park neighborhood of Brooklyn, where Tenant operates as a fitness facility named “Fitness First for Woman Corp” 2. Tenant has at all times complied with the terms of the commercial lease, including timely payment of rent and adherence to rent increase provisions. 3. Despite Tenant’s renewal term on the lease, Landlord has engaged in multiple forms of harassment, including verbal abuse, spreading misinformation to the public, serving a notice to terminate tenancy, and commencement of an eviction proceeding, with the goal of improperly forcing Tenant to vacate the property prematurely before the lease expires. 4. In this action, Tenant seeks a judgment declaring that Tenant has a valid enforceable lease, Landlord purchased the property subject to the lease, Landlord is bound by the terms of the lease including the five year renewal term, and a finding that Landlord has engaged in commercial tenant harassment entitling Tenant to damages and costs. 2 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 PARTIES AND VENUE 5. Plaintiff Fitness First for Woman Corp is a New York domestic corporation with its principal place of business located at 2976 Quentin Road, Brooklyn, New York 11229 (ground floor street level retail space and rear yard). 6. Upon information and belief, Defendant B & E Abraham LLC is a domestic limited liability company with its principal place of business located in Kings County. 7. Upon information and belief Brian Abraham is a member of B & E Abraham LLC. 8. Brian Abraham has been an agent of B & E Abraham LLC since its inception. 9. Brian Abraham has had authority to act on behalf of B & E Abraham LLC since its inception. 10. Upon information and belief, Elise Abraham is a member of B & E Abraham LLC. 11. Elise Abraham has been an agent of B & E Abraham LLC since its inception. 12. Elise Abraham has had authority to act on behalf of B & E Abraham LLC since its inception. 13. Venue is proper in Kings County as the location of each party’s respective office per CPLR §503(c) & (d) and as the location of the real property per CPLR §507 FACTUAL BACKGROUND A. The Lease 14. Tenant is the tenant of the storefront premises located at 2976 Quentin Road, Brooklyn, NY 11229 (ground floor street level retail space and rear yard) (the “Premises”), and operates a fitness facility at said premises. 15. Tenant’s tenancy is pursuant to a commercial lease dated April 28, 2018 (the “Lease”) with the then-owner of the property. 3 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 16. The Lease dated April 28, 2018, was entered into between Tenant’s sole shareholder, Claudia Caicedo, and Carmine DeSena, the authorized signatory for 2976 Quentin Road LLC, the then- landlord of the Premises. 17. Tenant and the then landlord both signed the Lease. 18. Upon execution, the Lease established a landlord-tenant relationship between Tenant and 2976 Quentin Road LLC. 19. The Lease identifies that area to be leased as 2976 Quentin Road, Brooklyn, NY 11229, Store Front. 20. The Lease states a duration of the lease term as five years. 21. The Lease states a renewal term of five years. 22. The Lease states a monthly rent of two-thousand dollars ($2,000.00) per month due on the first of each month. 23. The Lease states a yearly increase of fifty dollars $50.00; however, this was verbally waived by the landlord.. 24. The Lease states a two month security deposit of four thousand dollars $4,000.00. 25. On April 30, 2018 at or about 2pm, Claudia Caicedo met with Carmine DeSena at the Premise where they executed the Lease and a check in the amount of six thousand dollars ($6,000.00) was tendered for the security deposit and first month’s rent. 26. At this April 30, 2018 meeting, Carmine DeSena tendered the keys to the Premise to Tenant thereby surrendering absolute possession and control of the property to Tenant as per the Lease. 27. On or about January 25, 2022, ownership of the Premises changed from 2976 Quentin Road LLC to Brian Abraham while Tenant’s Lease was still in effect, thus, Mr. Abraham purchased the Premises subject to both the Lease and the landlord-tenant relationship with Tenant. 4 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 28. The deed for this transaction, dated January 25, 2022, was recorded on or about February 9, 2022. 29. On or about March 18, 2022, ownership of the Premises was transferred form Brian Abraham to Landlord while Tenant’s Lease was still in effect, thus, Landlord received ownership of the Premises subject to both the Lease and the landlord-tenant relationship with Tenant. Because of this, Landlord became Tenant’s landlord at that time. 30. The deed for this transaction, dated March 18, 2022, was recorded on or about March 24, 2022. 31. Landlord accepted payment of $2,000.00 through the month of April 2023 without objection. 32. In March of 2022, Brian Abraham requested a copy of the Lease during a phone call, claiming that he had misplaced it. He subsequently notified Tenant that he had found it. 33. On or about April 26, 2023, Brian Abraham texted Tenant again requesting a copy of the Lease claiming that he did not have a copy. 34. On or about April 26, 2023, Tenant texted a photo of the signed Lease dated April 28, 2018 to Brian Abraham. 35. In an attempt to impugn Tenant’s rights under the April 28, 2018 Lease, Brian Abraham subsequently presented Tenant with a new lease for a term of five years commencing on May 15, 2023 and terminating on May 14, 2028 for rents according to the following schedule: • $5,500.00 per month from May 15, 2023 to May 15, 2024; • $5,600.00 per month from May 16, 2024 to May 15, 2025; • $5,700.00 per month from May 15, 2025 to May 15, 2026; • $5,800.00 per month from May 15, 2026 to May 15, 2027; and • $5,900.00 per month from May 15, 2027 to May 15, 2028. 5 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 36. After Tenant refused to sign the proposed 2023 lease, Landlord ramped up its campaign of harassment against Tenant. B. Harassment 37. Tenant operates a fitness studio called Fitness First for Woman Corp at the Premises. 38. Despite Tenant’s full compliance with the terms set forth in the Lease, Landlord has repeatedly harassed Tenant. 39. On or about June 23, 2023, Landlord presented Tenant with a Notice to Vacate the Premises without merit, attempting to coerce Tenant into vacating the Premises despite Tenant’s compliance with the Lease. 40. On or about May 14, 2023, Ms. Caicedo was subjected to verbal abuse and threats in the presence of customers at her place of business when Brian Abraham & Elise Abraham confronted Ms. Caicedo, acting very aggressively in a threatening manner towards her. 41. Brian Abraham & Elise Abraham shouted at Ms. Caicedo, alleging that she did not have a lease and that the Marshall would come to clear everything out and place it on the street. They then threated to sue Ms. Caicedo for the attorney’s fees associated with taking any legal action against her, and finally left her place of business calling her a “bitch” as they walked away. 42. Tenant filed a complaint with the NYPD, 63rd Precinct on or about May 16, 2023 due to Landlord’s behavior on that day. 43. On or about July 10, 2023, Brian Abraham again confronted Ms. Caicedo at her place of business, this time entering inside the business without invitation, escalating tensions, and verbally declaring in a forceful tone that he was there to make sure she is out by the end of the month. 44. On that same day, Brian Abraham also verbally declared that Ms. Caicedo has been squatting on the premises for the past three months, and that he would take legal action if she did not 6 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 remove herself by the end of July. He again threatened to sue for thousands of dollars in legal fees and for lost business if she did not do as he demanded. 45. Despite Ms. Caicedo’s attempts at de-escalation by asking him to leave, he refused to do so and continued to shout at her, all in the presence of Tenant’s customers. 46. Tenant filed another complaint with the NYPD, 63rd Precinct on or about July 10, 2023 due to Brian Abraham’s harassing actions on that day. 47. Landlord’s campaign of harassment extended to the online social media platform “Nextdoor,” an app that is focused on community engagement including but not limited to business recommendations. 48. Elise Abraham has posted libelous misinformation on the Nextdoor application (hereinafter “the App”) at least eleven (11) times disparaging Tenant’s business and moral character, going so far as to urge others in the community not to patronize the business. 49. On the App, Elise Abraham has posted the following comments intended to harass Tenant: • “Fitness First on Quentin Road is in violation of their lease !!! Don’t patronize this business!” • “Their lease expired in April. They won't vacate.” • “There are plans for the space! Not paying what they are supposed to be! Not Right.” • “Not law-abiding citizens!!” • “You don't get it! It's not greed if they are violating a contract and not paying rent!!!” • “Yes, not paying their rent! Building sold and can't afford no rent!” • “What's right is right! Other plans for the space! Laws should apply to everyone!!!” • “Purchased for my son to start his own business ! Waited over a year for lease to expire, didn’t raise rent at all or ask for security. They know this from the start now they pull this stunt!” 7 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 • “The tenants were well aware of new ownership! This was purchased for my son to start a new business to give him a start in life! A week before the lease expires they pull this unfair disgusting move! I even found them another nearby location! Many times tenants must relocate, happens all the time! With over a year's notice, their actions are spiteful no matter what their circumstances! I'm done with this comment! What's right and legal counts! Have a good day!” • “I have an attorney. It's a process! I shouldn't be in this situation, that's all! Have a nice day.” • “Too quick to defend the wrongful party!!!! Sorry I voiced my frustration! No other tenant in the wings!” 50. On or about July 11, 2023, Tenant, by way of its counsel, served on Landlord’s counsel a letter demanding that Landlord cease and desist harassment. 51. On or about November 5, 2023, Landlord, by way of Brian Abraham, confronted a customer of Tenant just outside Tenant’s store front. He told this customer that he was going to sue her as well. 52. Harassment has continued by Landlord’s commencement of a holdover proceeding seeking to evict Tenant; B & E Abraham LLC v. Fitness first for Women Corp, et al., Civil Court of the City of New York, County of Kings: Non Housing Part 52, Index No. LT-329313-23/KI. 53. This matter was dismissed at significant expense to Tenant on Tenant’s motion to dismiss due to improper service of the predicate 30 notice to terminate tenancy. FIRST CAUSE OF ACTION (Declaratory Judgment – Landlord bound by Lease) 54. Tenant repeats and realleges the allegations contained in paragraphs 1-53 of the complaint as if fully set forth herein. 8 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 55. Tenant contends that Landlord is bound by the Lease entered into on April 28, 2018, and by extension the renewal term. 56. Landlord accepted rent payments until April 2023. 57. Tenant had informed Landlord of its exercise of the 5-year renewal term pursuant to the Lease. 58. Landlord contends that Tenant does not have a valid enforceable lease in effect. 59. A justiciable controversy exists. 60. Tenant has no adequate remedy at law. 61. Accordingly, Tenant is entitled to a judgment declaring that Tenant’s Lease is valid, not expired, and that Landlord must honor the Lease including the 5-year renewal term. SECOND CAUSE OF ACTION (Commercial Tenant Harassment) 62. Tenant repeats and realleges the allegations contained in paragraphs 1-61 of the complaint as if fully set forth herein. 63. Tenant is a “commercial tenant” pursuant to NY Admin. Code §22-901. 64. The Premises is a “covered property” pursuant to NYC Admin. Code §22-901. 65. Landlord is a “landlord” pursuant to NYC Admin. Code §22-901. 66. Landlord has engaged in “commercial tenant harassment’ in violation of NYC Admin. Code §22-902(a)(11) by through actions intended to terminate Tenant’s Lease before the expiration date. 67. Landlord’s acts and omissions “would reasonably cause a commercial tenant to vacate covered property, or surrender or waive any rights under a lease…in relation to such covered property” in violation of NYC Admin. Code §22-902(a)(11) by, among other things, seeking to terminate the Lease based on meritless claims. 9 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 68. Tenant seeks the imposition of the maximum civil penalty pursuant to 22 NYC Admin. Code §22-903(a). 69. Tenant seeks an order restraining Landlord from engaging in commercial tenant harassment pursuant to 22 NYC Admin. Code §22-903(a)(1). 70. Tenant seeks an award of such other relief as the court deems appropriate, including but not limited to injunctive relief, equitable relief, compensatory damages, punitive damages and reasonable attorneys' fees and court costs pursuant to 22 NYC Admin. Code §22-903(a)(3). THIRD CAUSE OF ACTION (Yellowstone injunction) 71. Tenant repeats and realleges the allegations contained in paragraphs 1-70 of the complaint as if fully set forth herein. 72. Without conceding the existence of any violations, Tenant is not able to complete the cure of the alleged violations by the cure deadline. 73. If necessary, Tenant is ready, willing and able to cure any defaults found to exist. 74. Tenant, which will lose the Lease and its substantial investment in the Premises, will be irreparably harmed if the cure period expires and Landlord terminates the Lease prior to completion of any required cure. 75. Tenant has no adequate remedy at law. 76. Accordingly, Tenant seeks a judgment permanently tolling the cure period and staying Landlord from terminating the Lease or otherwise seeking possession of the Premises. WHEREFORE, Plaintiff demands judgment on the first, second, and third causes of action as set forth above and such other and further relief as the court deems just, proper and equitable. Dated: April 17, 2024 10 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 _____________________________ R. Diego Velazquez Jaffe & Velazquez, LLP Attorneys for Plaintiff 40 Wall St., 13th Floor New York, New York 10005 Direct: (212) 809-7800 ext. 5710 Fax: (212) 381-9571 dvelazquez@jvattorneys.com To: B & E ABRAHAM LLC 3005 QUENTIN ROAD BROOKLYN, NY 11229 (VIA DOS SERVICE) 11 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 CERTIFICATION The following SUMMONS and SUMMARY JUDGMENT IN LIEU OF COMPLAINT are hereby certified pursuant to 22 N.Y.C.R.R. 130-1.1-a. Dated: New York, New York April 17, 2024 ____________________________ R. Diego Velazquez 12 of 13 FILED: KINGS COUNTY CLERK 04/22/2024 12:38 PM INDEX NO. 511404/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 VERIFICATION State of New York ) ss.: County of Kings ) Claudia Caicedo, being sworn, deposes and says: I am the sole shareholder and President of plaintiff, FITNESS FIRST FOR WOMA N CORP, and I have read the attached complaint and know its contents to be true. As to those items stated upon information and belief, I believe them to be true. Sworn to before me -rll- April 2!_,2024 ~ £&,_ Notary Public 7 CARME N E VIERA NOTARY PUBLIC, STATE OF New YORK Regiltration No. 01V16275364 Qualified_in Kings 5o~nty Commission Expires O I- P' .l 0 z.s / r , l_ 13 of 13