On June 07, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Board Of Managers Of Eagle Bay Condominium,
and
Joseph Lucania,
for Real Property - Other (Injunction for inspection)
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 06/07/2024 03:50 PM INDEX NO. 63697/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/07/2024
EXHIBIT G
FILED: WESTCHESTER COUNTY CLERK 06/07/2024 03:50 PM INDEX NO. 63697/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/07/2024
LAWOFFICE OF ANTHONY
GlORDANO
Counselor at Law
23 Spring Street, Suite 204A Tel (914) 923.7746
Ossining, NewYork 10562 Fax (914) 923.7748
www.westchestercountynylaw.com
December 15, 2023
John Gettinger, Esq.
Shapiro Gettinger Waldinger & Monteleone, LLP
118 N Bedford Rd Suite 300,
Mt Kisco, NY 10549
Re Board v Lucania
Dear Mr. Gettinger
I amwriting
regarding the harassment of Mr. Lucania currently being undertaken by the Board. I write
to demand that
such harassment cease and desist, or the Board and its individual members will find
themselves the subject of litigation.
First, the Board has no right to demand access to someone's home unless there is some kind of
emergency, which there is not. Second, contrary to Mr. Murry's claim in a phone call made to Mr.
Lucania, there is no history of misconduct on my client's part justifying an invasion of his privacy. In the
2020 incident, there was no admission of liability by my client, and he agreed to pay something towards
a bill, so that the matter and the harassment would stop. Wedeclined to accept for a
responsibility
defect in the floorboard timbers.
Please provide mewith any evidence of my client currently engaging in any conduct forbidden by the
by-laws or that is shown to threaten another unit sufficient to warrant an invasion of his home.
You need to provide something showing that there is likely to "exist conditions another unit
threatening
or a CommonElement or a violation of the by-laws or rules and regulations" and that it eminates from
my client's unit. There must first be an indication that there likely exists such a condition, such as water
leaking into another unit. Otherwise, your interpretation of this rule would allow for unbridled access to
any unit based on nothing at all, and that is unacceptable. Unless there is such a basis, we will view the
current unjustified efforts to access his apartment as harassment and take whatever legal steps are
needed to compel your client to either provide proof of its case or stop harassing my client.
I await your response.
Sincerely,
Anthony M. Giordano, Esq.
Document Filed Date
June 07, 2024
Case Filing Date
June 07, 2024
Category
Real Property - Other (Injunction for inspection)
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FILED: WESTCHESTER COUNTY CLERK 06/07/2024 03:50 PM INDEX NO. 63697/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/07/2024 EXHIBIT G FILED: WESTCHESTER COUNTY CLERK 06/07/2024 03:50 PM INDEX NO. 63697/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/07/2024 LAWOFFICE OF ANTHONY GlORDANO Counselor at Law 23 Spring Street, Suite 204A Tel (914) 923.7746 Ossining, NewYork 10562 Fax (914) 923.7748 www.westchestercountynylaw.com December 15, 2023 John Gettinger, Esq. Shapiro Gettinger Waldinger & Monteleone, LLP 118 N Bedford Rd Suite 300, Mt Kisco, NY 10549 Re Board v Lucania Dear Mr. Gettinger I amwriting regarding the harassment of Mr. Lucania currently being undertaken by the Board. I write to demand that such harassment cease and desist, or the Board and its individual members will find themselves the subject of litigation. First, the Board has no right to demand access to someone's home unless there is some kind of emergency, which there is not. Second, contrary to Mr. Murry's claim in a phone call made to Mr. Lucania, there is no history of misconduct on my client's part justifying an invasion of his privacy. In the 2020 incident, there was no admission of liability by my client, and he agreed to pay something towards a bill, so that the matter and the harassment would stop. Wedeclined to accept for a responsibility defect in the floorboard timbers. Please provide mewith any evidence of my client currently engaging in any conduct forbidden by the by-laws or that is shown to threaten another unit sufficient to warrant an invasion of his home. You need to provide something showing that there is likely to "exist conditions another unit threatening or a CommonElement or a violation of the by-laws or rules and regulations" and that it eminates from my client's unit. There must first be an indication that there likely exists such a condition, such as water leaking into another unit. Otherwise, your interpretation of this rule would allow for unbridled access to any unit based on nothing at all, and that is unacceptable. Unless there is such a basis, we will view the current unjustified efforts to access his apartment as harassment and take whatever legal steps are needed to compel your client to either provide proof of its case or stop harassing my client. I await your response. Sincerely, Anthony M. Giordano, Esq.