Preview
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024
EXHIBIT B
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024
FIFTEEN DAYS NOTICE OF DEFAULT
TO: SLIM DELI CORP., Tenant
Commercial Premises
Ground Floor Store
114-21 Jamaica Avenue
Richmond Hill, New York 11418
or assigns, and every person in possession of the premises.
PLEASE TAKE NOTICE, that you have violated and continue
to violate substantial obligations and conditions of your tenancy
and covenants of the Lease and Extension Rider for the commercial
store premises at 114- 21 Jamaica Ground Floor
Avenue, Store,
Richmond Hill, New York 11418 (Demised Premises), pursuant to the
terms of the written Lease and Extension Rider, dated September 1,
2013, between 114 21 JAMAICA AVE LLC, as Landlord, and SLIM DELI
CORP., as Tenant in that you have:
received NYC Summons #23T07357 for illegal and unauthorized
activities on October 31, 2023 in violation of NYC Admin Code
Section 17.715(b)and NY Public Health code 1399.MM.1(2) as
detailed in the Summons annexed hereto and made a part hereof
in violation of paragraph 6 of the lease and paragraph #4C of
the lease extension; received NYC Summons #23T07356 for
illegal and unauthorized activities on October 31, 2023 in
violation of NYC Admin Code Section 17.176-1(d)1 and NY Public
Health coed 1399 and NYC Admin code 20-202(1)r as detailed in
the Summons annexed hereto and made a part hereof in violation
of paragraph 6 of the lease and paragraph #4C of the lease
extension; received NYC Summons #23T07713 for illegal and
unauthorized activities on November 20, 2023 in violation of
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024
NYC Admin Code Section 17.715(6) and NY Public Health code
1399-MM1(2) as detailed in the Summons annexed hereto and made
a part hereof in violation of paragraph 6 of the lease and
paragraph #4C of the lease extension; received NYC Summons
#23T07714 for illegal and unauthorized activities on November
20, 2023 in violation of NYC Admin Code Section 17.704(c)and
NY Public Health code 1399-GG(2)6 and (c) as detailed in the
Summons annexed hereto and made a part hereof in violation of
paragraph 6 of the lease and paragraph #4C of the lease
extension; failed to procure governmental licenses and/or
permits for the business conducted in the premises, in
violation of paragraph of the lease and paragraph 4b(iii) of
the Lease Extension and Modification Agreement.
PLEASE TAKE FURTHER NOTICE, that based upon the violation
and continued default in fulfilling the aforesaid covenants and
terms of the Lease and Lease Extension and pursuant to Paragraph
Sixth of the Lease, the Landlord will and shall elect to terminate
and cancel your Lease and Extension Rider and tenancy of the
Demised Premises above described now held by you under the written
Lease and Extension Rider, dated September 9, 2013, by such
required further Notice of Cance ation day following the service
of this notice, to wit; the |3 day of May, 2024, pursuant to
paragraph 17 the Lease and Rider and by reason of your failure to
comply with and fulfill the covenants of the Lease.
PLEASE TAKE FURTHER NOTICE that pursuant to Paragraphs Sixth
and seventeenth of the Lease, if the afore-stated breaches and
2
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024
default of the covenants of the Lease and Rider continue to exist
a Notice of Cancellation shall be served and delivered as required
by paragraph seventeen of the lease, on the 15th day of the
service of this Notice of Default, the term under the Lease and
Rider, dated September 19, 2013, and shall expire and if you have
failed to quit and surrender the Demised Premises by that date, the
Landlord will commence summary proceedings under the Statute to
remove you from said premises for the holding over after the
expiration of your term and will seek and request a money judgment
for use and occupancy and legal fees and costs.
Dated: Brooklyn, New York
April 4, 2024
.
114-21 JAMAICA AVE LLC,
By: Chaim Askenazi,
Manager, Landlord, and
owner
JONATHAN S. ROLLER, ESQ.
Attorney for Landlord
26 Court Street
Brooklyn, New York 11242
(718)834-8514
3
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024
SUMMONS " FORCIVIL PENALTIESONLY
SUMMONS NUMBER: 23T07357
on ENFORCEMENT AGENCY: Department Of Consumer and Worker ProteCtlOn
Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp
iPONDENT: SLIM DELI CORP. DBA: LICENSE:2071358-1-DCA
alLING ADDRESS: 11421 JAMAICA AVE, RICHMOND HILI, NY 11418 PHONE: 3476059915
TE OF OCCURRENCE: 10/31/2023 TIME OF INSPECTION: Start Time 5:16 PM End Time 6:16 PM INSPECTION ID No. INS-000686415
ACE OF OCCtJRRENCE: Building No./Direction (NE, SW, etc.) Street 1 Street 2 (intersection only)
11421 JAMAICA AVE
Apartment/Suite/Other Zip Code Borough
11418 Queens
: must respond to this summons. For more information on how to respond, see the last page of the summons. Until further notice, hearings will be by phone.
1tact the office of Administrative Trials and Hearings at the address below before the hearing date to schedule your telephone hearing. If you cannot
ticipate In a telephone hearing, email Livehearinasmoath.nve.aov to request an in-person hearing.
HEARING DATE AND TIME: 12/15/2023 10:30 AM
HEARING LOCATION: Office of Administrative Trials and Hearings in Manhattan: RemoteManhattan@oath.nyc.gov
Refer to the Summons Number above on all communications.
rning: If you do not respond, you may be found automatically responsible and you may owe larger penalties. If you do not pay any imposed penalties, you may
t your ability to keep or get a City license, permit, or registration. The City might also take further legal action against you. See the last page for more
irmation.
Code" "RCNY"
spondent is charged with violating: (Note: "NYC Admin refers to the Administrative Code of the Oty of New York; refers to the Rules of the City
Mkts" "NYCRR"
'ew York, with Title number, e.g. "6 RCNY"; "NY Agri & refers to the New York State Agriculture & Markets Law; refers to the New York State
"GBL"
les, Rules and Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) Is used to refer
specific sections of appilcoble laws or rules)
"Counts"
The number under represents the number of individual violations of the Code, Rule, or other law with which you are being charged.
lE PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION COUNTS
M
NYC Admin Code § 17-715(b) 7
Selling or offering for sale flavored electronic cigarettes or e-liquids or possessing flavored electronic cigarettes or e-liquids with Intent to sell or
offer for sale.
The number of counts represents the number of times respondent violated §17-715(b) and represents the number of flavored electronic cigarette
or e-liquid products.
BUSINESSIS IN POSSESSIONOF AND OFFERSFORSALETHE FOLLOWING PROHIBITED FLAVOREDELECTRONICClGARETTEPRODUCTS:
*SEE ATTACHED LINE ITEM REPORT
PROHIBITED FLAVORED ELECTRONICClGARETTEPRODUCTSWERE LOCATEDIN A CONCEALEDLOCATION IN THE BACKROOM, EASILYACCESSIBLE
FOR THE EMPLOYEE TO RETRIEVEPRODUCTSUPON REQUEST.EMPLOYEEPRICEQUOTED A TOTAL SELLING PRICEOF $25.00 FOR ONE AIR BAR BOX
(BLACK ICE).
Prior Violation(s) - 03/08/2022, Summons No. 22T00912
item: AIR BAR BOX BLACKICE
Item: AIR BAR BOX MiGHTY MINT
aadditional violation pages, if applicable. If not admitting the charge(s), you MUST APPEAR IN PERSON.
:charter Sections1o48and lo49-a andthe Rulesof the Cityof NewYorkauthorizethe NYCOATHto hold hearings.For hearingoptions, seelastpageof this summons.
i employeeof the agencynamedabove,affirm underpenaltyof perjury that I personallyobservedthe commissionof the violation(s)chargedaboveand/orverified their existencethrougha
aw of departmentairecords.Falsestatementsmadehereinarepunishableasa ClassA Misdemeanorpursuantto section210.45of the PenalLaw.
thod O 1/we affirm under penalty of perjury that on the Date of Occurrence, 1/we served a copy of this summons in person on the Respondent by teaving a copy with a
person or employee of suitable age and discretion.
To be served on a later date (SeeAffidavit/Affirmation of Service.)
Novella 753
pector Name (Print) Inspector Signature Badge
Galeas 727
pector Name (Print) Inspector Signature Badge
1 of 5
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024
SUMMONS " FORCIVIL PENALTIESONLY
SUMMONS NUMBER: 23T07357
g t on ENFORCEMENT AGENCY: Department Of COnSumer and Worker Protection
Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp
iPONDENT: SLIM DELI CORP. DBA: LICENSE:2071358-1-DCA
ILING ADDRESS: 11421JAMAICA AVE, RICHMOND HI LL, NY 11418 PHONE: 3476059915
Code"
pondent is charged with violating: (Note: "NYC Admin refers to the Administrative Code of the City of New York; "RCNY" refers to the Rules of the Oty
lew York, with Title number, e.g. "6 RCNY"; "NY Agri & Mkts" refers to the New York State Agriculture & Markets Low; "NYCRR" refers to the New York State
"GBL"
'es, Rules and Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) is used to refer
pecific sections of opplicable laws or rules)
"Counts"
The number under represents the number of individual violations of the Code, Rule, or other law with which you are being charged.
E PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION COUNTS
M
Item: AIR BAR BOX SUPERMINT
Item: AIR BAR BOX COOL MINT
Item: FUME RAS.PBERRY
WATERMELON
Item: MYLÉ MICRO ICED MINT
Item: PUFF LUSH ICE
NY Pub Health § 1399-MM1(2) 7
Selling or offering for sale any flavored vapor product intended or reasonably expected to be used with or for the consumption of nicotine. The
number of counts represents the number of times respondent violated §1399-mm(1)(2) and represents the number of flavored vapor products.
BUSINESS 15IN POSSESSIONOF AND OFFERSFORSALETHE FOLLOWING PROHIBITED FLAVORED ELECTRONICClGARETTEPRODUCTS:
*SEE ATTACHED LINE ITEM REPORT
PROHIBITED FLAVORED ELECTRONICClGARETTEPRODUCTSWERE LOCATEDIN A CONCEALED LOCATION IN THE BACKROOM, EASILYACCESSIBLE
FOR THE EMPLOYEE TO RETRIEVEPRODUCTSUPON REQUEST.EMPLOYEEPRICEQUOTED A TOTAL SELUNG PRICEOF $25.00 FOR ONE AIR BAR BOX
(BLACK ICE).
Item: AIR BAR BOX MiGHTY MINT
Item: AIR BAR BOX COOL MINT
item: AIR BAR BOX SUPERMINT
Item: AIR BAR BOX BLACKICE
Item: FUME RASPBERRYWATERMELON
Item: MYLÉ MICRO ICED MINT
Item: PUFF LUSH ICE
CIDIVISM: You are being charged as a recidivist based on the prior violation(s) listed on the summons. Recidivists are subject to higher penalties, up to and
luding the maximum penalty. In addition, you may be subject to license suspension or revocation and/or sealing of your business. See Penalties section on the
fitional pages in this summons. Also see the Rules of the City of New York, Title 6, Chapter 6, Subchapter B, for a full schedule of potential penalties, which are
illable on the DCWP website: nyc.gov/DCAPenalties.
aadditional violation pages, if applicable. If not admitting the charge(s), you MUST APPEAR IN PERSON.
Chartersections1048and 1049-aand the Rulesof the Cityof NewYorkauthorizethe NYCOATHto hold hearings.Forhearingoptions, seefastpageof thissummons.
i employeeof the agencynamedabove,affirm under penaltyof perjury that I personallyobservedthe commissionof the violation(s)chargedaboveand/or verifiedtheir existencethrougha
ewof departmentairecords.Falsestatementsmadehereinare punishableasa cass A Misdemeanorpursuantto section210.45of the PenalLaw.
thod O 1/we affirm under penalty of perjury that on the Date of Occurrence, 1/we served a copy of this summons in person on the Respondent by leaving a copy with a
person or employee of suitable age and discretion.
To be served on a later date (see Affidavit/Affirmation of Service.)
ovella 753
pector Name (Print) Inspector Signature Badge
Saleas 727
pector Name (Print) inspector Signature Badge
2 of 8
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024
SUMMONS " FORCIVIL PENALTIESONLY
SUMMONS NUMBER: 23T07356
otection ENFORCEMENT AGENCY: Department Of COnsumerand Worker ProtectlOn
Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp
PONDENT: SLIM DELI CORP. DBA: LICENSE:
ILING ADDRESS: 11421 JAMAICA AVE, RICHMOND HILL, NY 11418 PHONE: 3476059915
TE OF OCCURRENCE: 10/31/2023 TIME OF INSPECTION: Start Time 5:16 PM . End Time 6:16 PM IN SPECTION (D No. INS-000686414
LCEOF OCCURRENCE: Building No./Direction (NE, SW, etc.) Street 1 Street 2 (intersection only)
11421 JAMAICA AVE
Apartment/Suite/Other Zip Code Borough
11418 Queens
must respond to this summons. For more information on how to respond, see the last page of the summons. Until further notice, hearings will be by phone.
tact the Office of Administrative Trials and Hearings at the address below before the hearing date to schedule your telephone hearing. If you cannot
icipate in a telephone hearing, email UvehearinasdSoath.nve.aov to request an in-person hearing.
HEARING DATE AND TIME: 12/15/2023 10:30 AM
HEARING LOCATION: Office of Administrative Trials and Hearings In Manhattan: RemoteManhattan@oath.nyc.gov
Refer to the Summons Number above on all communications.
ning: If you do not respond, you may be found automatically responsible and you may owe larger penalties. If you do not pay any imposed penalties, you may
your ability to keep or get a City license, permit, or registration. The City might also take further legal action against you. See the last page for more
rmation.
Code" "RCNY"
pondent is chargedwith violating: (Note: "NYC Admin refers to the Administrative Code of the City of New York; refers to the Rules of the City
Mkts" "NYCRR"
few York, with Title number, e.g. "6 RCNY"; "NY Agri & refers to the New York State Agriculture & Markets Low; refers to the New York State
"GBL"
es, Rules and Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) is used to refer
pecific sections of applicable laws or rules)
"Counts"
The number under represents the number of individual violations of the Code, Rule, or other law with which you are being charged.
E PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION COUNTS
vi
NYC Admin Code § 17-176.1(d)(1) 1
Selling or offering for sale a package of cigarettes for less than the cigarette price floor of $13.00, including sales tax, or $11.94, excluding sales tax.
BUSINESS OFFERSFORSALE THE FOLLOWING ClGARETTEPRODUCTFOR LESSTHAN THE CiGARETTEPRICEFLOOR OF $13.00:
- -
1) NEWPORT ClGARETTES PACK (VIRGINIA TAX STAMP) $12.0D
THE EMPLOYEE QUOTED A TOTAL SELUNG PRICEOF $12.00 FOR 1 NEWPORT CiGARETTES- PACK (VIRGINIA TAX STAMP) TO DCWP INSPECTORJ.N.
additional violation pages, if applicable. If not admitting the charge(s), you MUST APPEAR IN PERSON.
Charter Sections1048and1049-aandthe Rulesof the Cityof NewYorkauthorizethe NYCOATHto hold hearings.Forhearingoptions,seelastpageof thissummons.
employeeof the agencynamedabove,affirm underpenaltyof perjurythat I personallyobservedthe commissionof the violation(s)chargedaboveand/or verified their existencethrougha
tw of departmental records.Falsestatementsmadeherein arepunishableasa ClassA Misdemeanorpursuantto section210.4sof the PenalLaw.
thod O 1/we affirm under penalty of perjury that on the Date of Occurrence, I/we served a copy of this summons in person on the Respondent by leaving a copy with a
person or employee of suitable age and discretion.
To be served on a later date (SeeAffidavit/Affirmation of Service.)
tovella 753
sector Name (Print) Inspector Signature Badge
laleas 727
)ector Name (Print) Inspector Signature Badge
1 of 8
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024
SUMMONS " FORCIVIL PENALTIESONLY
SUMMONS NUMBER: 23T07356
on ENFORCEMENT AGENCY: Department of ConSumer and Worker Protection
Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp
iPONDENT: SLIM DELI CORP. DBA: LICENSE:
ILING ADDRESS: 11421 JAMAICA AVE, RICHMOND HILL, NY 11418 PHONE: 3476059915
Code"
.pondent is charged with violating: (Note: "NYC Admin refers to the Administrative Code of the City of New York; "RCNY" refers to the Rules of the City
Mkts"
lew York, with Title number, e.g. "6 RCNY"; "NY Agri & refers to the New York State Agriculture & Markets Law; "NYCRR" refers to the New York State
"GBL"
fes, Rules ond Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) is used to refer
pecific sections of opplicable laws or rules)
"Counts"
The number under represents the number of individual violations of the Code, Rule, or other law with which you are being charged.
E PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION COUNTS
M
NY Pub Health § 1399-GG(2)(C) 1
Offering for sale any package or other container with fewer than 20 sheets of cigarette wrapping papers, wrapping leaves, or tubes that can be
used to w rap tobacco for smoldng.
BUSINESS HAS ON DISPLAY, IS IN POSSESSIONOF AND OFFERSFOR SALETHE FOLLOWING PROHiBITED PACKAGESlZE OF WRAPPING CONESOR
LEAVES:
1)RAW CONES - 6 CONES PER PACK.
PROHIBITED PACKAGE SlZE OF WRAPPING CONESWERE LOCATED BEHIND THE POINT OF SALE REGISTERCOUNTER ON THE DISPLAYSHELF.
- 03/08/2022, Summons No. 22T00913
Prior Violation(s)
NYC Admin Code § 20-202(a)(1) Unlicensed Violation | Start Date: 10/31/2023 (inspection Date) 1
Business is engaging In unlicensed tobacco retail dealer activity.
BUSINESS IS IN POSSESSIONOF AND OFFERSFOR SALE, BUT NOT LIMITED TO THE FOLLOWING TOBACCO PRODUCTS
1)NEWPORT ClGARETTES
TOBACCO PRODUCTSWERE LOCATED BEHIND THE POINT OF SALE REGISTERCOUNTER IN A CONCEALEDLOCATION ON THE LEFTSIDE AND EASILY
ACCESSIBLEFOR THE EMPLOYEETO RETRIEVEClGARETTESUPON REQUEST.EMPLOYEE PRICEQUOTED A TOTAL SELLING PRICEOF $12.00 FOR ONE
PACK OF NEWPORT ClGARETTES.
A DCWP TOBACCO RETAIL DEALERLICENSECHECKREVEALEDA RESULTOF NEGATIVE, UNUCENSED ACTIVITY IS PRESUMED.
CIDIVISM: You are being charged as a recidivist based on the prior violation(s) listed on the summons. Recidivists are subject to higher penalties, up to and
luding the maximum penalty. In addition, you may be subject to license suspension or revocation and/or sealing of your business. See Penalties section on the
IItional pages in this summons. Also see the Rules of the City of New York, Title 6, Chapter 6, Subchapter B, for a full schedule of potential penalties, which are
iilable on the DCWP website: nyc.gov/DCAPenalties.
aadditional violation pages, if applicable. If not admitting the charge(s), you MUST APPEAR IN PERSON.
: Chartersections1048and 1049-aand the Rulesof the Cityof NewYorkauthorizethe NYcOATHto hold hearings.Forhearingoptions, seelastpageof this summons.
1employeeof the agencynamedabove,affirm under penaltyof perjury that 1personallyobservedthe commissionof the violation(s)chargedaboveand/or verifiedtheir existencethrougha
aw of departmentalrecords.Falsestatementsmadehereinarepunishableasa classA Misdemeanorpursuantto section210.4sof the PenalLaw.
thod O 1/we affirm under penalty of perjury that on the Date of Occurrence, 1/we served a copy of this summons in person on the Respondent by leaving a copy with a
person or employee of suitable age and discretion.
vice:
E To be served on a later date (SeeAffidavit/Affirmation of Service.)
blovella 753
pector Name (Print) Inspector Signature Badge
Saleas 727
pector Name (Print) Inspector Signature Badge
2 of 5
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024
SUMMONS " FORCIVIL PENALTIESONLY
SUMMONSNUMBER: 23T07713
p edges, ENFORCEMENT AGENCY: Department Of Consumer and Worker Protection
Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp
PONDENT: SUM DELI CORP. DBA: LICENSE:2071558-1-DCA
ILING ADDRESS: 11421JAMAICA AVE, RICHMOND HELL,NY 11418 PHONE: 3476059915
Code"
pondent is charged with violating: (Note: "NYCAdmin refers to the Administrative Code of the City of New York; "RCNY" refers to the Rules of the Oty
Mkts"
ew York, with Title number, e.g. "6 RCNY*; "NY Agri & refers to the New York State Agriculture & Markets Law; "NYCRR" refers to the New York State
"GBL"
es, Rules and Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) is used to refer
ecific sections of appilcable laws or rules)
"Counts"
The number under represents the number of individual violations of the Code, Rule, or other la• with which you are being charged.
PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION COUNTS
NYC Admin Code § 17-715(b) 20
for sale flavored electronic cigarettes or e-liquids or possessing flavored electronic cigarettes or e-liquids with intent to sell or
Selling or offering
offer for sale.
The number of counts represents the number of times respondent violated §17-71S(b) and represents the number of flavored electronic cigarette
or e-liquid products.
BUSINESS 15IN POSSESSIONOF AND OFFERSFORSALE THE FOLLOWING PROHIBITED FLAVORED ELECTRONICClGARETTEPRODUCTS:
1. AIR BAR BOX - COOL MINT
2. AIR BAR BOX - BLACK ICE
3. MYLÉ MICRO - ICED MINT
4. MYLi MICRO - PEACH ICE
5. FUME - LUSH ICE
6. FUME - RASPBERRYWATERMELON
7. CAL1MAXX - MiGHTY MINT
8. PUFF PLUS - CHEESECAKE
9. CROWN BAR - BERRYICE
10. MEGA - RED BULL
11. PUFF PLUS - ALOE GRAPE
12, VOZOL - BLUE RAZZ ICE
13. PUFF PLUS - BLUEBERRYICE
14. PUFF PLUS - STRAWBERRYWATERMELON
15. PUFF PLUS - BANANA ICE
16. PUFF PLUS - GRAPE LUSH
17. FUME - MINT ICE
18. VAPETASIA - STRAW GUAW
19. MEGA - WATERMELON MINT
20. PUFFLY - LUSH ICE
PROHIBITED FLAVORED ELECTRONICClGARETTEPRODUCTSWERE LOCATEDIN A CONCEALEDLOCATION IN A BACKROOM. PRODUCTSRETRIEVED
IN A JOINT COMPLIANCE TASK-FORCEWITH THE NYC SHERIFFSDEPARTMENT. THE EMPLOYEEQUOTED A TOTAL SELLINGPRICEOF $25.00 FOR 1
AIR BAR BOX - S% NICOTINE - DISPOSABLEDEVICE(COOL MINT) TO DCWP INSPECTORSJ.T. & M.D.
Prior Violation(s) - 03/08/2022, Summons No. 22T00912
additional violation pages, if applicable. If not admitting the charge(s), you MUST APPEAR IN PERSON.
CharterSections1048 and 1049-aand the Rulesof the city of NewYorkauthorizethe NYCOATHto hold hearings.For hearingoptions, seelastpageof this summons.
employeeof the agencynamedabove,affirm underpenaltyof perjury that I personallyobservedthe commissionof the violation(s)chargedaboveand/or verifiedtheir existencethrougha
tw of departmental records.Falsestatementsmadehereinarepunishableasa QassA Misdemeanorpursuantto section210.45of the PenalLaw.
thod 1/we affirm under penalty of perjury that on the Date of Occurrence, I/we served a copy of this summons in person on the Respondent by leaving a copy with a
person or employee of suitable age and discretion.
To be served on a later date (SeeAfRdavit/Affirmation of Service.)
agliaferro 734
ector Name (Print) Inspector Signature Badge
Davi 905
sector Name (Print) Inspector Signature Badge
2 of 5
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024
SUMMONS " FORCIVIL PENALTIESONLY
SUMMONS NUMBER: 23T07713
d"Uon ENFORCEMENT AGENCY: Department Of COnSumer and Worker Protection
Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp
iPONDENT: SLIM DELI CORP. DBA: LICENSE:2071358-1-DCA
ULING ADDRESS: 11421 JAMAICA AVE, RICHMOND HILL, NY 1141B PHONE: 3476059915
Code"
spondent is charged with violating: (Note: "NYC Admin refers to the Administrative Code of the City of New York; "RCNY" refers to the Rules of the City
tow York, with Title number, e.g. "6 RCNY"; "NY Agri & Mkts' refers to the New York State Agriculture & Markets Law; "NYCRR" refers to the New York State
"GBL"
les, Rules ond Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) is used to refer
pecific sections of appilcable laws or rules)
"Counts"
The number under represents the number of individual violations of the Code, Rule, or other few with which you are being charged.
E PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION CouNTS
M
NY Pub Health § 1399-MM1(2) 20
Selling or offering for sale any flavored vapor product Intended or reasonably expected to be used with or for the consumption of nicotine. The
number of counts represents the number of times respondent violated §1399-mm(1)(2) and represents the number of flavored vapor products.
BUSINESSIS IN POSSESSIONOF AND OFFERSFORSALETHE FOLLOWING PROHiBITED FLAVORE
Preview
FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024 EXHIBIT B FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024 FIFTEEN DAYS NOTICE OF DEFAULT TO: SLIM DELI CORP., Tenant Commercial Premises Ground Floor Store 114-21 Jamaica Avenue Richmond Hill, New York 11418 or assigns, and every person in possession of the premises. PLEASE TAKE NOTICE, that you have violated and continue to violate substantial obligations and conditions of your tenancy and covenants of the Lease and Extension Rider for the commercial store premises at 114- 21 Jamaica Ground Floor Avenue, Store, Richmond Hill, New York 11418 (Demised Premises), pursuant to the terms of the written Lease and Extension Rider, dated September 1, 2013, between 114 21 JAMAICA AVE LLC, as Landlord, and SLIM DELI CORP., as Tenant in that you have: received NYC Summons #23T07357 for illegal and unauthorized activities on October 31, 2023 in violation of NYC Admin Code Section 17.715(b)and NY Public Health code 1399.MM.1(2) as detailed in the Summons annexed hereto and made a part hereof in violation of paragraph 6 of the lease and paragraph #4C of the lease extension; received NYC Summons #23T07356 for illegal and unauthorized activities on October 31, 2023 in violation of NYC Admin Code Section 17.176-1(d)1 and NY Public Health coed 1399 and NYC Admin code 20-202(1)r as detailed in the Summons annexed hereto and made a part hereof in violation of paragraph 6 of the lease and paragraph #4C of the lease extension; received NYC Summons #23T07713 for illegal and unauthorized activities on November 20, 2023 in violation of FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024 NYC Admin Code Section 17.715(6) and NY Public Health code 1399-MM1(2) as detailed in the Summons annexed hereto and made a part hereof in violation of paragraph 6 of the lease and paragraph #4C of the lease extension; received NYC Summons #23T07714 for illegal and unauthorized activities on November 20, 2023 in violation of NYC Admin Code Section 17.704(c)and NY Public Health code 1399-GG(2)6 and (c) as detailed in the Summons annexed hereto and made a part hereof in violation of paragraph 6 of the lease and paragraph #4C of the lease extension; failed to procure governmental licenses and/or permits for the business conducted in the premises, in violation of paragraph of the lease and paragraph 4b(iii) of the Lease Extension and Modification Agreement. PLEASE TAKE FURTHER NOTICE, that based upon the violation and continued default in fulfilling the aforesaid covenants and terms of the Lease and Lease Extension and pursuant to Paragraph Sixth of the Lease, the Landlord will and shall elect to terminate and cancel your Lease and Extension Rider and tenancy of the Demised Premises above described now held by you under the written Lease and Extension Rider, dated September 9, 2013, by such required further Notice of Cance ation day following the service of this notice, to wit; the |3 day of May, 2024, pursuant to paragraph 17 the Lease and Rider and by reason of your failure to comply with and fulfill the covenants of the Lease. PLEASE TAKE FURTHER NOTICE that pursuant to Paragraphs Sixth and seventeenth of the Lease, if the afore-stated breaches and 2 FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024 default of the covenants of the Lease and Rider continue to exist a Notice of Cancellation shall be served and delivered as required by paragraph seventeen of the lease, on the 15th day of the service of this Notice of Default, the term under the Lease and Rider, dated September 19, 2013, and shall expire and if you have failed to quit and surrender the Demised Premises by that date, the Landlord will commence summary proceedings under the Statute to remove you from said premises for the holding over after the expiration of your term and will seek and request a money judgment for use and occupancy and legal fees and costs. Dated: Brooklyn, New York April 4, 2024 . 114-21 JAMAICA AVE LLC, By: Chaim Askenazi, Manager, Landlord, and owner JONATHAN S. ROLLER, ESQ. Attorney for Landlord 26 Court Street Brooklyn, New York 11242 (718)834-8514 3 FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024 SUMMONS " FORCIVIL PENALTIESONLY SUMMONS NUMBER: 23T07357 on ENFORCEMENT AGENCY: Department Of Consumer and Worker ProteCtlOn Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp iPONDENT: SLIM DELI CORP. DBA: LICENSE:2071358-1-DCA alLING ADDRESS: 11421 JAMAICA AVE, RICHMOND HILI, NY 11418 PHONE: 3476059915 TE OF OCCURRENCE: 10/31/2023 TIME OF INSPECTION: Start Time 5:16 PM End Time 6:16 PM INSPECTION ID No. INS-000686415 ACE OF OCCtJRRENCE: Building No./Direction (NE, SW, etc.) Street 1 Street 2 (intersection only) 11421 JAMAICA AVE Apartment/Suite/Other Zip Code Borough 11418 Queens : must respond to this summons. For more information on how to respond, see the last page of the summons. Until further notice, hearings will be by phone. 1tact the office of Administrative Trials and Hearings at the address below before the hearing date to schedule your telephone hearing. If you cannot ticipate In a telephone hearing, email Livehearinasmoath.nve.aov to request an in-person hearing. HEARING DATE AND TIME: 12/15/2023 10:30 AM HEARING LOCATION: Office of Administrative Trials and Hearings in Manhattan: RemoteManhattan@oath.nyc.gov Refer to the Summons Number above on all communications. rning: If you do not respond, you may be found automatically responsible and you may owe larger penalties. If you do not pay any imposed penalties, you may t your ability to keep or get a City license, permit, or registration. The City might also take further legal action against you. See the last page for more irmation. Code" "RCNY" spondent is charged with violating: (Note: "NYC Admin refers to the Administrative Code of the Oty of New York; refers to the Rules of the City Mkts" "NYCRR" 'ew York, with Title number, e.g. "6 RCNY"; "NY Agri & refers to the New York State Agriculture & Markets Law; refers to the New York State "GBL" les, Rules and Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) Is used to refer specific sections of appilcoble laws or rules) "Counts" The number under represents the number of individual violations of the Code, Rule, or other law with which you are being charged. lE PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION COUNTS M NYC Admin Code § 17-715(b) 7 Selling or offering for sale flavored electronic cigarettes or e-liquids or possessing flavored electronic cigarettes or e-liquids with Intent to sell or offer for sale. The number of counts represents the number of times respondent violated §17-715(b) and represents the number of flavored electronic cigarette or e-liquid products. BUSINESSIS IN POSSESSIONOF AND OFFERSFORSALETHE FOLLOWING PROHIBITED FLAVOREDELECTRONICClGARETTEPRODUCTS: *SEE ATTACHED LINE ITEM REPORT PROHIBITED FLAVORED ELECTRONICClGARETTEPRODUCTSWERE LOCATEDIN A CONCEALEDLOCATION IN THE BACKROOM, EASILYACCESSIBLE FOR THE EMPLOYEE TO RETRIEVEPRODUCTSUPON REQUEST.EMPLOYEEPRICEQUOTED A TOTAL SELLING PRICEOF $25.00 FOR ONE AIR BAR BOX (BLACK ICE). Prior Violation(s) - 03/08/2022, Summons No. 22T00912 item: AIR BAR BOX BLACKICE Item: AIR BAR BOX MiGHTY MINT aadditional violation pages, if applicable. If not admitting the charge(s), you MUST APPEAR IN PERSON. :charter Sections1o48and lo49-a andthe Rulesof the Cityof NewYorkauthorizethe NYCOATHto hold hearings.For hearingoptions, seelastpageof this summons. i employeeof the agencynamedabove,affirm underpenaltyof perjury that I personallyobservedthe commissionof the violation(s)chargedaboveand/orverified their existencethrougha aw of departmentairecords.Falsestatementsmadehereinarepunishableasa ClassA Misdemeanorpursuantto section210.45of the PenalLaw. thod O 1/we affirm under penalty of perjury that on the Date of Occurrence, 1/we served a copy of this summons in person on the Respondent by teaving a copy with a person or employee of suitable age and discretion. To be served on a later date (SeeAffidavit/Affirmation of Service.) Novella 753 pector Name (Print) Inspector Signature Badge Galeas 727 pector Name (Print) Inspector Signature Badge 1 of 5 FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024 SUMMONS " FORCIVIL PENALTIESONLY SUMMONS NUMBER: 23T07357 g t on ENFORCEMENT AGENCY: Department Of COnSumer and Worker Protection Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp iPONDENT: SLIM DELI CORP. DBA: LICENSE:2071358-1-DCA ILING ADDRESS: 11421JAMAICA AVE, RICHMOND HI LL, NY 11418 PHONE: 3476059915 Code" pondent is charged with violating: (Note: "NYC Admin refers to the Administrative Code of the City of New York; "RCNY" refers to the Rules of the Oty lew York, with Title number, e.g. "6 RCNY"; "NY Agri & Mkts" refers to the New York State Agriculture & Markets Low; "NYCRR" refers to the New York State "GBL" 'es, Rules and Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) is used to refer pecific sections of opplicable laws or rules) "Counts" The number under represents the number of individual violations of the Code, Rule, or other law with which you are being charged. E PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION COUNTS M Item: AIR BAR BOX SUPERMINT Item: AIR BAR BOX COOL MINT Item: FUME RAS.PBERRY WATERMELON Item: MYLÉ MICRO ICED MINT Item: PUFF LUSH ICE NY Pub Health § 1399-MM1(2) 7 Selling or offering for sale any flavored vapor product intended or reasonably expected to be used with or for the consumption of nicotine. The number of counts represents the number of times respondent violated §1399-mm(1)(2) and represents the number of flavored vapor products. BUSINESS 15IN POSSESSIONOF AND OFFERSFORSALETHE FOLLOWING PROHIBITED FLAVORED ELECTRONICClGARETTEPRODUCTS: *SEE ATTACHED LINE ITEM REPORT PROHIBITED FLAVORED ELECTRONICClGARETTEPRODUCTSWERE LOCATEDIN A CONCEALED LOCATION IN THE BACKROOM, EASILYACCESSIBLE FOR THE EMPLOYEE TO RETRIEVEPRODUCTSUPON REQUEST.EMPLOYEEPRICEQUOTED A TOTAL SELUNG PRICEOF $25.00 FOR ONE AIR BAR BOX (BLACK ICE). Item: AIR BAR BOX MiGHTY MINT Item: AIR BAR BOX COOL MINT item: AIR BAR BOX SUPERMINT Item: AIR BAR BOX BLACKICE Item: FUME RASPBERRYWATERMELON Item: MYLÉ MICRO ICED MINT Item: PUFF LUSH ICE CIDIVISM: You are being charged as a recidivist based on the prior violation(s) listed on the summons. Recidivists are subject to higher penalties, up to and luding the maximum penalty. In addition, you may be subject to license suspension or revocation and/or sealing of your business. See Penalties section on the fitional pages in this summons. Also see the Rules of the City of New York, Title 6, Chapter 6, Subchapter B, for a full schedule of potential penalties, which are illable on the DCWP website: nyc.gov/DCAPenalties. aadditional violation pages, if applicable. If not admitting the charge(s), you MUST APPEAR IN PERSON. Chartersections1048and 1049-aand the Rulesof the Cityof NewYorkauthorizethe NYCOATHto hold hearings.Forhearingoptions, seefastpageof thissummons. i employeeof the agencynamedabove,affirm under penaltyof perjury that I personallyobservedthe commissionof the violation(s)chargedaboveand/or verifiedtheir existencethrougha ewof departmentairecords.Falsestatementsmadehereinare punishableasa cass A Misdemeanorpursuantto section210.45of the PenalLaw. thod O 1/we affirm under penalty of perjury that on the Date of Occurrence, 1/we served a copy of this summons in person on the Respondent by leaving a copy with a person or employee of suitable age and discretion. To be served on a later date (see Affidavit/Affirmation of Service.) ovella 753 pector Name (Print) Inspector Signature Badge Saleas 727 pector Name (Print) inspector Signature Badge 2 of 8 FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024 SUMMONS " FORCIVIL PENALTIESONLY SUMMONS NUMBER: 23T07356 otection ENFORCEMENT AGENCY: Department Of COnsumerand Worker ProtectlOn Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp PONDENT: SLIM DELI CORP. DBA: LICENSE: ILING ADDRESS: 11421 JAMAICA AVE, RICHMOND HILL, NY 11418 PHONE: 3476059915 TE OF OCCURRENCE: 10/31/2023 TIME OF INSPECTION: Start Time 5:16 PM . End Time 6:16 PM IN SPECTION (D No. INS-000686414 LCEOF OCCURRENCE: Building No./Direction (NE, SW, etc.) Street 1 Street 2 (intersection only) 11421 JAMAICA AVE Apartment/Suite/Other Zip Code Borough 11418 Queens must respond to this summons. For more information on how to respond, see the last page of the summons. Until further notice, hearings will be by phone. tact the Office of Administrative Trials and Hearings at the address below before the hearing date to schedule your telephone hearing. If you cannot icipate in a telephone hearing, email UvehearinasdSoath.nve.aov to request an in-person hearing. HEARING DATE AND TIME: 12/15/2023 10:30 AM HEARING LOCATION: Office of Administrative Trials and Hearings In Manhattan: RemoteManhattan@oath.nyc.gov Refer to the Summons Number above on all communications. ning: If you do not respond, you may be found automatically responsible and you may owe larger penalties. If you do not pay any imposed penalties, you may your ability to keep or get a City license, permit, or registration. The City might also take further legal action against you. See the last page for more rmation. Code" "RCNY" pondent is chargedwith violating: (Note: "NYC Admin refers to the Administrative Code of the City of New York; refers to the Rules of the City Mkts" "NYCRR" few York, with Title number, e.g. "6 RCNY"; "NY Agri & refers to the New York State Agriculture & Markets Low; refers to the New York State "GBL" es, Rules and Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) is used to refer pecific sections of applicable laws or rules) "Counts" The number under represents the number of individual violations of the Code, Rule, or other law with which you are being charged. E PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION COUNTS vi NYC Admin Code § 17-176.1(d)(1) 1 Selling or offering for sale a package of cigarettes for less than the cigarette price floor of $13.00, including sales tax, or $11.94, excluding sales tax. BUSINESS OFFERSFORSALE THE FOLLOWING ClGARETTEPRODUCTFOR LESSTHAN THE CiGARETTEPRICEFLOOR OF $13.00: - - 1) NEWPORT ClGARETTES PACK (VIRGINIA TAX STAMP) $12.0D THE EMPLOYEE QUOTED A TOTAL SELUNG PRICEOF $12.00 FOR 1 NEWPORT CiGARETTES- PACK (VIRGINIA TAX STAMP) TO DCWP INSPECTORJ.N. additional violation pages, if applicable. If not admitting the charge(s), you MUST APPEAR IN PERSON. Charter Sections1048and1049-aandthe Rulesof the Cityof NewYorkauthorizethe NYCOATHto hold hearings.Forhearingoptions,seelastpageof thissummons. employeeof the agencynamedabove,affirm underpenaltyof perjurythat I personallyobservedthe commissionof the violation(s)chargedaboveand/or verified their existencethrougha tw of departmental records.Falsestatementsmadeherein arepunishableasa ClassA Misdemeanorpursuantto section210.4sof the PenalLaw. thod O 1/we affirm under penalty of perjury that on the Date of Occurrence, I/we served a copy of this summons in person on the Respondent by leaving a copy with a person or employee of suitable age and discretion. To be served on a later date (SeeAffidavit/Affirmation of Service.) tovella 753 sector Name (Print) Inspector Signature Badge laleas 727 )ector Name (Print) Inspector Signature Badge 1 of 8 FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024 SUMMONS " FORCIVIL PENALTIESONLY SUMMONS NUMBER: 23T07356 on ENFORCEMENT AGENCY: Department of ConSumer and Worker Protection Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp iPONDENT: SLIM DELI CORP. DBA: LICENSE: ILING ADDRESS: 11421 JAMAICA AVE, RICHMOND HILL, NY 11418 PHONE: 3476059915 Code" .pondent is charged with violating: (Note: "NYC Admin refers to the Administrative Code of the City of New York; "RCNY" refers to the Rules of the City Mkts" lew York, with Title number, e.g. "6 RCNY"; "NY Agri & refers to the New York State Agriculture & Markets Law; "NYCRR" refers to the New York State "GBL" fes, Rules ond Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) is used to refer pecific sections of opplicable laws or rules) "Counts" The number under represents the number of individual violations of the Code, Rule, or other law with which you are being charged. E PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION COUNTS M NY Pub Health § 1399-GG(2)(C) 1 Offering for sale any package or other container with fewer than 20 sheets of cigarette wrapping papers, wrapping leaves, or tubes that can be used to w rap tobacco for smoldng. BUSINESS HAS ON DISPLAY, IS IN POSSESSIONOF AND OFFERSFOR SALETHE FOLLOWING PROHiBITED PACKAGESlZE OF WRAPPING CONESOR LEAVES: 1)RAW CONES - 6 CONES PER PACK. PROHIBITED PACKAGE SlZE OF WRAPPING CONESWERE LOCATED BEHIND THE POINT OF SALE REGISTERCOUNTER ON THE DISPLAYSHELF. - 03/08/2022, Summons No. 22T00913 Prior Violation(s) NYC Admin Code § 20-202(a)(1) Unlicensed Violation | Start Date: 10/31/2023 (inspection Date) 1 Business is engaging In unlicensed tobacco retail dealer activity. BUSINESS IS IN POSSESSIONOF AND OFFERSFOR SALE, BUT NOT LIMITED TO THE FOLLOWING TOBACCO PRODUCTS 1)NEWPORT ClGARETTES TOBACCO PRODUCTSWERE LOCATED BEHIND THE POINT OF SALE REGISTERCOUNTER IN A CONCEALEDLOCATION ON THE LEFTSIDE AND EASILY ACCESSIBLEFOR THE EMPLOYEETO RETRIEVEClGARETTESUPON REQUEST.EMPLOYEE PRICEQUOTED A TOTAL SELLING PRICEOF $12.00 FOR ONE PACK OF NEWPORT ClGARETTES. A DCWP TOBACCO RETAIL DEALERLICENSECHECKREVEALEDA RESULTOF NEGATIVE, UNUCENSED ACTIVITY IS PRESUMED. CIDIVISM: You are being charged as a recidivist based on the prior violation(s) listed on the summons. Recidivists are subject to higher penalties, up to and luding the maximum penalty. In addition, you may be subject to license suspension or revocation and/or sealing of your business. See Penalties section on the IItional pages in this summons. Also see the Rules of the City of New York, Title 6, Chapter 6, Subchapter B, for a full schedule of potential penalties, which are iilable on the DCWP website: nyc.gov/DCAPenalties. aadditional violation pages, if applicable. If not admitting the charge(s), you MUST APPEAR IN PERSON. : Chartersections1048and 1049-aand the Rulesof the Cityof NewYorkauthorizethe NYcOATHto hold hearings.Forhearingoptions, seelastpageof this summons. 1employeeof the agencynamedabove,affirm under penaltyof perjury that 1personallyobservedthe commissionof the violation(s)chargedaboveand/or verifiedtheir existencethrougha aw of departmentalrecords.Falsestatementsmadehereinarepunishableasa classA Misdemeanorpursuantto section210.4sof the PenalLaw. thod O 1/we affirm under penalty of perjury that on the Date of Occurrence, 1/we served a copy of this summons in person on the Respondent by leaving a copy with a person or employee of suitable age and discretion. vice: E To be served on a later date (SeeAffidavit/Affirmation of Service.) blovella 753 pector Name (Print) Inspector Signature Badge Saleas 727 pector Name (Print) Inspector Signature Badge 2 of 5 FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024 SUMMONS " FORCIVIL PENALTIESONLY SUMMONSNUMBER: 23T07713 p edges, ENFORCEMENT AGENCY: Department Of Consumer and Worker Protection Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp PONDENT: SUM DELI CORP. DBA: LICENSE:2071558-1-DCA ILING ADDRESS: 11421JAMAICA AVE, RICHMOND HELL,NY 11418 PHONE: 3476059915 Code" pondent is charged with violating: (Note: "NYCAdmin refers to the Administrative Code of the City of New York; "RCNY" refers to the Rules of the Oty Mkts" ew York, with Title number, e.g. "6 RCNY*; "NY Agri & refers to the New York State Agriculture & Markets Law; "NYCRR" refers to the New York State "GBL" es, Rules and Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) is used to refer ecific sections of appilcable laws or rules) "Counts" The number under represents the number of individual violations of the Code, Rule, or other la• with which you are being charged. PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION COUNTS NYC Admin Code § 17-715(b) 20 for sale flavored electronic cigarettes or e-liquids or possessing flavored electronic cigarettes or e-liquids with intent to sell or Selling or offering offer for sale. The number of counts represents the number of times respondent violated §17-71S(b) and represents the number of flavored electronic cigarette or e-liquid products. BUSINESS 15IN POSSESSIONOF AND OFFERSFORSALE THE FOLLOWING PROHIBITED FLAVORED ELECTRONICClGARETTEPRODUCTS: 1. AIR BAR BOX - COOL MINT 2. AIR BAR BOX - BLACK ICE 3. MYLÉ MICRO - ICED MINT 4. MYLi MICRO - PEACH ICE 5. FUME - LUSH ICE 6. FUME - RASPBERRYWATERMELON 7. CAL1MAXX - MiGHTY MINT 8. PUFF PLUS - CHEESECAKE 9. CROWN BAR - BERRYICE 10. MEGA - RED BULL 11. PUFF PLUS - ALOE GRAPE 12, VOZOL - BLUE RAZZ ICE 13. PUFF PLUS - BLUEBERRYICE 14. PUFF PLUS - STRAWBERRYWATERMELON 15. PUFF PLUS - BANANA ICE 16. PUFF PLUS - GRAPE LUSH 17. FUME - MINT ICE 18. VAPETASIA - STRAW GUAW 19. MEGA - WATERMELON MINT 20. PUFFLY - LUSH ICE PROHIBITED FLAVORED ELECTRONICClGARETTEPRODUCTSWERE LOCATEDIN A CONCEALEDLOCATION IN A BACKROOM. PRODUCTSRETRIEVED IN A JOINT COMPLIANCE TASK-FORCEWITH THE NYC SHERIFFSDEPARTMENT. THE EMPLOYEEQUOTED A TOTAL SELLINGPRICEOF $25.00 FOR 1 AIR BAR BOX - S% NICOTINE - DISPOSABLEDEVICE(COOL MINT) TO DCWP INSPECTORSJ.T. & M.D. Prior Violation(s) - 03/08/2022, Summons No. 22T00912 additional violation pages, if applicable. If not admitting the charge(s), you MUST APPEAR IN PERSON. CharterSections1048 and 1049-aand the Rulesof the city of NewYorkauthorizethe NYCOATHto hold hearings.For hearingoptions, seelastpageof this summons. employeeof the agencynamedabove,affirm underpenaltyof perjury that I personallyobservedthe commissionof the violation(s)chargedaboveand/or verifiedtheir existencethrougha tw of departmental records.Falsestatementsmadehereinarepunishableasa QassA Misdemeanorpursuantto section210.45of the PenalLaw. thod 1/we affirm under penalty of perjury that on the Date of Occurrence, I/we served a copy of this summons in person on the Respondent by leaving a copy with a person or employee of suitable age and discretion. To be served on a later date (SeeAfRdavit/Affirmation of Service.) agliaferro 734 ector Name (Print) Inspector Signature Badge Davi 905 sector Name (Print) Inspector Signature Badge 2 of 5 FILED: QUEENS COUNTY CLERK 05/09/2024 03:31 PM INDEX NO. 709717/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2024 SUMMONS " FORCIVIL PENALTIESONLY SUMMONS NUMBER: 23T07713 d"Uon ENFORCEMENT AGENCY: Department Of COnSumer and Worker Protection Agency Address and Website: 42 Broadway, New York, NY 10004 " nyc.gov/dcwp iPONDENT: SLIM DELI CORP. DBA: LICENSE:2071358-1-DCA ULING ADDRESS: 11421 JAMAICA AVE, RICHMOND HILL, NY 1141B PHONE: 3476059915 Code" spondent is charged with violating: (Note: "NYC Admin refers to the Administrative Code of the City of New York; "RCNY" refers to the Rules of the City tow York, with Title number, e.g. "6 RCNY"; "NY Agri & Mkts' refers to the New York State Agriculture & Markets Law; "NYCRR" refers to the New York State "GBL" les, Rules ond Regulations, with Title number, e.g. "1 NYCRR"; refers to the New York State General Business Law. The section symbol (§) is used to refer pecific sections of appilcable laws or rules) "Counts" The number under represents the number of individual violations of the Code, Rule, or other few with which you are being charged. E PROVISION OF LAW VIOLATED AND NATURE/DESCRIPTION OF VIOLATION CouNTS M NY Pub Health § 1399-MM1(2) 20 Selling or offering for sale any flavored vapor product Intended or reasonably expected to be used with or for the consumption of nicotine. The number of counts represents the number of times respondent violated §1399-mm(1)(2) and represents the number of flavored vapor products. BUSINESSIS IN POSSESSIONOF AND OFFERSFORSALETHE FOLLOWING PROHiBITED FLAVORE