Preview
FILED: NEW YORK COUNTY CLERK 06/11/2024 11:42 AM INDEX NO. 155367/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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Antique Rugs and Tapestries of The World Inc.
dba Bocarra Fine Rugs NY COMPLAINT
Plaintiffs,
-against-
232 East 59 ST Owner LLC Index No.:
Defendants
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The Plaintiff Antique Rugs and tapestries of The World Inc. dba Bocarra Fine Rugs NY as
and for their complaint by their attorneys WEINGRAD & WEINGRAD P.C, herein allege as
follows:
1. That the plaintiff Antique Rugs and tapestries of The World Inc. dba Bocarra Fine Rugs
NY, was and at all times hereinafter mentioned still is a corporation licensed to do business
in the City and State of New York and is currently doing business in the City and the State
of New York.
2. That the plaintiff ANTIQUE RUGS AND TAPESTRIES OF THE WORLD INC. dba
Bocarra Fine Rugs NY, was and at all times hereinafter mentioned is in lawful possession
of tapestries and rugs and tapestries on consignment or as owner at a value to the
wholesaler of $250,000.000.
3. That the defendant, 232 East 59 ST Owner LLC was and at all times hereinafter mentioned
still is a corporation licensed to do business in the State of New York and is actually doing
business in the State of New York.
4. That at all times relevant hereto, the Plaintiff was a tenant of the Defendant 232 East 59 ST
Owner LLC and leased, operated, and controlled a store space owned by 232 East 59 ST
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FILED: NEW YORK COUNTY CLERK 06/11/2024 11:42 AM INDEX NO. 155367/2024
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Owner LLC situated in 232 East 59 ST New York, NY 10022 from on or about January 26,
2021.
5. That the defendant 232 East 59 ST Owner LLC owned the premises located at 232 East 59
ST New York, NY 10022.
6. That the defendant 232 EAST 59 ST OWNER LLC operated the premises located at 232
East 59 ST New York, NY 10022.
7. That the defendant 232 EAST 59 ST OWNER LLC maintained the premises and common
areas in the building including the basement and the fire sprinkler pipes and attached
plumbing and devices, therein located at 232 East 59 ST New York, NY 10022.
8. That at all times herein mentioned, the defendant 232 EAST 59 ST OWNER LLC, the
defendant’s agents, servants and/or employees maintained, controlled, repaired, and/or hired
and directed others to repair and/or perform repair work in and about the premises including
the fire sprinkler pipes and heating system for the building at 232 East 59 ST New York,
NY 10022.
9. That on or about November 27, 2022, rugs and tapestries residing in the space sub leased
by the Plaintiff was severely damaged as a result of water leaking from the fire sprinkler
plumbing of the Premises herein, owned operated and controlled by the Defendant 232
EAST 59 ST OWNER LLC.
10. That the Defendant 232 EAST 59 ST OWNER LLC, the Defendant’s agents, servants and
employees had a duty to properly maintain, and repair said premises inclusive the pipes on
said premises in a reasonably safe manner.
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11. That the defendants, their agents, servants and employees breached their duty to properly
maintain water pipes and valves on the premises in a reasonably safe manner.
12. That the defendants failed to operate, repair and maintain the premises inclusive of the
plumbing of the Premises herein in a safe, proper, lawful and/or careful manner.
13. The Defendant 232 EAST 59 ST OWNER LLC negligently failed to keep water pipes and
values on the premises free from defects and conditions constituting a danger and a menace
to personal property in the premises belonging to the Plaintiff or their clients.
14. The Defendant 232 EAST 59 ST OWNER LLC permitted and/or caused water to leak into
the Plaintiffs’ space from the pipes on the premises herein and permitted water to enter the
Plaintiff’s space which negligent acts and conditions the Defendant had due notice, or by
the use of reasonable care and inspection thereon, might and should have had due notice.
15. That by reason of the aforesaid negligence, the rugs and tapestries in the premises leased by
the Plaintiff from the Defendant 232 EAST 59 ST OWNER LLC were damaged so as to
have lost its resale value and leaving the Plaintiff in debt to his Consignors in the amount of
$250,000.
16. The said rugs and tapestries have diminished in value.
17. The appraised value of the rugs and tapestries is in excess of $250,000.00.
18. That by reason of the aforesaid negligence in permitting water to enter the premises leased
to the Plaintiff and wetting and permanently damaging the rugs and tapestries the Plaintiff
lost his opportunity to sell the tapestry for $500,000.00 or more and it left the Plaintiff
indebted to the consignors in the amount of $250,000.00 for which the Plaintiff demands
judgment all with interest from November 27, 2022.
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WHEREFORE, the Plaintiff demands judgment against the Defendant in excess of the sum of
$250,000.00 against 232 East 59 ST Owner LLC and all together with costs and disbursements
of this action and interest at the rate of 9 % per annum from November 27, 2022.
Dated: New York, New York
June 11, 2024
.
WEINGRAD & WEINGRAD, P.C.
Stephen A. Weingrad, Esq.
171 Madison Avenue, Suite 305
New York, NY 10016
Tel. No.: (917) 733-5193
Attorneys for Plaintif
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Preview
FILED: NEW YORK COUNTY CLERK 06/11/2024 11:42 AM INDEX NO. 155367/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X Antique Rugs and Tapestries of The World Inc. dba Bocarra Fine Rugs NY COMPLAINT Plaintiffs, -against- 232 East 59 ST Owner LLC Index No.: Defendants ------------------------------------------------------------------X The Plaintiff Antique Rugs and tapestries of The World Inc. dba Bocarra Fine Rugs NY as and for their complaint by their attorneys WEINGRAD & WEINGRAD P.C, herein allege as follows: 1. That the plaintiff Antique Rugs and tapestries of The World Inc. dba Bocarra Fine Rugs NY, was and at all times hereinafter mentioned still is a corporation licensed to do business in the City and State of New York and is currently doing business in the City and the State of New York. 2. That the plaintiff ANTIQUE RUGS AND TAPESTRIES OF THE WORLD INC. dba Bocarra Fine Rugs NY, was and at all times hereinafter mentioned is in lawful possession of tapestries and rugs and tapestries on consignment or as owner at a value to the wholesaler of $250,000.000. 3. That the defendant, 232 East 59 ST Owner LLC was and at all times hereinafter mentioned still is a corporation licensed to do business in the State of New York and is actually doing business in the State of New York. 4. That at all times relevant hereto, the Plaintiff was a tenant of the Defendant 232 East 59 ST Owner LLC and leased, operated, and controlled a store space owned by 232 East 59 ST −1− 1 of 4 FILED: NEW YORK COUNTY CLERK 06/11/2024 11:42 AM INDEX NO. 155367/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2024 Owner LLC situated in 232 East 59 ST New York, NY 10022 from on or about January 26, 2021. 5. That the defendant 232 East 59 ST Owner LLC owned the premises located at 232 East 59 ST New York, NY 10022. 6. That the defendant 232 EAST 59 ST OWNER LLC operated the premises located at 232 East 59 ST New York, NY 10022. 7. That the defendant 232 EAST 59 ST OWNER LLC maintained the premises and common areas in the building including the basement and the fire sprinkler pipes and attached plumbing and devices, therein located at 232 East 59 ST New York, NY 10022. 8. That at all times herein mentioned, the defendant 232 EAST 59 ST OWNER LLC, the defendant’s agents, servants and/or employees maintained, controlled, repaired, and/or hired and directed others to repair and/or perform repair work in and about the premises including the fire sprinkler pipes and heating system for the building at 232 East 59 ST New York, NY 10022. 9. That on or about November 27, 2022, rugs and tapestries residing in the space sub leased by the Plaintiff was severely damaged as a result of water leaking from the fire sprinkler plumbing of the Premises herein, owned operated and controlled by the Defendant 232 EAST 59 ST OWNER LLC. 10. That the Defendant 232 EAST 59 ST OWNER LLC, the Defendant’s agents, servants and employees had a duty to properly maintain, and repair said premises inclusive the pipes on said premises in a reasonably safe manner. −2− 2 of 4 FILED: NEW YORK COUNTY CLERK 06/11/2024 11:42 AM INDEX NO. 155367/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2024 11. That the defendants, their agents, servants and employees breached their duty to properly maintain water pipes and valves on the premises in a reasonably safe manner. 12. That the defendants failed to operate, repair and maintain the premises inclusive of the plumbing of the Premises herein in a safe, proper, lawful and/or careful manner. 13. The Defendant 232 EAST 59 ST OWNER LLC negligently failed to keep water pipes and values on the premises free from defects and conditions constituting a danger and a menace to personal property in the premises belonging to the Plaintiff or their clients. 14. The Defendant 232 EAST 59 ST OWNER LLC permitted and/or caused water to leak into the Plaintiffs’ space from the pipes on the premises herein and permitted water to enter the Plaintiff’s space which negligent acts and conditions the Defendant had due notice, or by the use of reasonable care and inspection thereon, might and should have had due notice. 15. That by reason of the aforesaid negligence, the rugs and tapestries in the premises leased by the Plaintiff from the Defendant 232 EAST 59 ST OWNER LLC were damaged so as to have lost its resale value and leaving the Plaintiff in debt to his Consignors in the amount of $250,000. 16. The said rugs and tapestries have diminished in value. 17. The appraised value of the rugs and tapestries is in excess of $250,000.00. 18. That by reason of the aforesaid negligence in permitting water to enter the premises leased to the Plaintiff and wetting and permanently damaging the rugs and tapestries the Plaintiff lost his opportunity to sell the tapestry for $500,000.00 or more and it left the Plaintiff indebted to the consignors in the amount of $250,000.00 for which the Plaintiff demands judgment all with interest from November 27, 2022. −3− 3 of 4 FILED: NEW YORK COUNTY CLERK 06/11/2024 11:42 AM INDEX NO. 155367/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2024 WHEREFORE, the Plaintiff demands judgment against the Defendant in excess of the sum of $250,000.00 against 232 East 59 ST Owner LLC and all together with costs and disbursements of this action and interest at the rate of 9 % per annum from November 27, 2022. Dated: New York, New York June 11, 2024 . WEINGRAD & WEINGRAD, P.C. Stephen A. Weingrad, Esq. 171 Madison Avenue, Suite 305 New York, NY 10016 Tel. No.: (917) 733-5193 Attorneys for Plaintif −4− 4 of 4