Exhibit,Appendix: 555 Tenth Avenue Llc v. Thomas Avery

On June 13, 2024 a Exhibit,Appendix was filed involving a dispute between 555 Tenth Avenue Llc, and Thomas Avery, for Other Matters - Contract - Other in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 06/13/2024 02:41 PM INDEX NO. 155447/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/13/2024

EXHIBIT “2”
FILED: NEW YORK COUNTY CLERK 06/13/2024 02:41 PM INDEX NO. 155447/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/13/2024
Form W-9 Request
-" for Taxpayer
Identification Number and Certification
Give Form to the
(Rev. October 2018) requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service º Go to www.irs.gov/FormW9 for instructions and the latest information.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

Thomas Avery
2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one 4 Exemptions (codes apply only
of the following seven boxes. to certain entities, not individuals;
ai E El Individual/Sole proprietor or O C Corporation O S Corporation O Partnership O Trust/estate see instructions on page 3):
single-member LLC
Exempt payee code (if any)_____
o OLimited liability company. Enter the tax classification (C=Corporation, S=S corporation, P=partnership) º ______
Exemption from FATCA reporting
Note. Check the appropriate box in the line above for the tax classification of the single-member owner. Do not
code (if any) _______________
check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of
(Applies to accounts maintained outside the
the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a U.S.)
single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of
its owner.
QOther (see instructions) º
5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional)
555 Tenth Avenue #49K
6 City, state, and ZIP code
New York, New York 10018
7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it
is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Employer identification number
Give the Requester for guidelines on whose number to enter.

Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I
am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you
have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.For mortgage interest paid, acquisition or
abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest
and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Signed by Thomas Avery
Tue Oct 12 2021 08:59:25 AM EDT
Key: FE68A46E; IP Address: 38.125.43.238
Thomas Avery (Signature of U.S. Person) Date
General Instructions • Form 1099-DIV (dividends, including those from stocks or mutual
Section references are to the Internal Revenue Code unless otherwise funds)
noted. • Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
Future developments. For the latest information about developments
• Form 1099-B (stock or mutual fund sales and certain other
related to Form W-9 and its instructions, such as legislation enacted
transactions by brokers
after they were published, go to www.irs.gov/FormW9.
• Form 1099-S (proceeds from real estate transactions)
Purpose of Form • Form 1099-K (merchant card and third party network transactions)
An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage interest), 1098-E (student loan
information return with the IRS must obtain your correct taxpayer interest), 1098-T (tuition)
identification number (TIN) which may be your social security number • Form 1099-C (canceled debt)
(SSN), individual taxpayer identification number (ITIN), adoption • Form 1099-A (acquisition or abandonment of secured property)
taxpayer identification number (ATIN), or employer identification number
Use Form W-9 only if you are a U.S. person (including a resident alien),
(EIN), to report on an information return the amount paid to you, or other
to provide your correct TIN.
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following. If you do not return Form W-9 to the requester with a TIN, you might be
• Form 1099-INT (interest earned or paid) subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)
FILED: NEW YORK COUNTY CLERK 06/13/2024 02:41 PM INDEX NO. 155447/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/13/2024
October 7, 2021

Dear Thomas Avery:
We would like to thank you for your interest in leasing an apartment at 555 TEN. At this time, your lease
application has been processed. Please review the following lease terms:
Apartment: 555 Tenth Avenue #49K, New York, NY 10018
Rent: $5,500.00
Term: 1 year and 2 months
Lease Dates: November 1, 2021 to December 31, 2022
Concession: Early Occupancy Beginning February 1, 2020
Note that no lease is binding until counter-signed by Owner. Approval is subject to our receipt of the following executed
original documents together with the payments set forth below within 48 hours:

1) W-8 / W-9 2) Welcome Letter
3) Standard Form of Apartment Lease 4) Additional Clauses
5) Bedbug Infestation History Disclosure 6) Construction Rider
7) Demand Rider 8) Early Occupancy Rider
9) Fire Safety Plan 10) Indoor Allergen Hazard Notice
11) Lease Application and Move-In Procedures 12) Occupancy Rider
13) Overnight Sublease Prohibition 14) Pet Rider
15) Rate of Use and Occupancy Upon Expiration Rider 16) Renters Insurance Notification
17) Smoke Free Lease Rider 18) Sprinkler Disclosure Lease Rider
19) Window Guards - NY

20) Payment in the form of certified check, bank check or money order for the following: $5,500.00 representing the first
month's rent payable to 555 TENTH AVENUE, LLC and $5,500.00 representing the security deposit payable to 555
TENTH AVENUE, LLC.

Sincerely,

555 TEN
FILED: NEW YORK COUNTY CLERK 06/13/2024 02:41 PM INDEX NO. 155447/2024
NYSCEF DOC. NO. 555 TEN
3 RECEIVED A-9-01
NYSCEF: 06/13/2024

STANDARD FORM OF APARTMENT LEASE
(FOR APARTMENTS NOT SUBJECT TO THE RENT STABILIZATION LAW)

PREAMBLE: This lease contains the agreements between You and Owner concerning Your rights and
obligations and the rights and obligations of Owner. You and Owner have other rights and obligations
which are set forth in government laws and regulations.

You should read this Lease and all of its attached parts carefully. If You have any questions, or if You
do not understand any words or statements, get clarification. Once You and Owner sign this Lease,
You and Owner will be presumed to have read it and understood it. You and Owner admit that all
agreements between You and Owner have been written into this Lease. You understand that any
agreements made before or after this Lease was signed and not written into it will not be enforceable.

THIS LEASE is made on October 7, 2021
between Owner, 555 Tenth Avenue, LLC
whose address is c/o Extell Development, 805 Third Avenue, 7th Floor, New York, NY 10022
and You, the Tenant, Thomas Avery
whose address is 555 Tenth Avenue #49K, New York, NY 10018
1. APARTMENT AND USE Owner agrees to lease to You Apartment 49K in the Building at 555 Tenth
Avenue, New York, NY 10018, Borough of Manhattan, City and State of New York.
You shall use the Apartment for living purposes only. The Apartment may be occupied by the tenant or tenants
named above and by the immediate family of the tenant or tenants and by occupants as defined in and only in
accordance with Real Property Law §235-f.
2. LENGTH OF LEASE The term (that means the length) of this Lease is 1 year and 2 months, beginning on
November 1, 2021 and ending on December 31, 2022. If You do not do everything You agree to do in this
Lease, Owner may have the right to end it before the above date. If Owner does not do everything that Owner
agrees to do in this Lease, You may have the right to end the Lease before the ending date.
3. RENT Your monthly rent for the Apartment is $5,500.00. You must pay Owner the rent, in advance, on the
first day of each month, either at Owner's office or at another place that Owner may inform You of by written
notice. You must pay the first month's rent to Owner when You sign this Lease if the lease begins on the first
day of the month. If the lease begins after the first day of the month, You must pay when you sign this lease
(1) the part of the rent from the beginning date of this Lease until the last day of the month and (2) the full rent
for the next full calendar month. If this Lease is a Renewal Lease, the rent for the first month of this Lease
need not be paid until the first day of the month when the renewal term begins.
4. SECURITY DEPOSIT You are required to give Owner the sum of $5,500.00 when You sign this Lease as a
security deposit, which is called in law a trust. Owner will deposit this security in Wells Fargo, New York, NY
NY.
If the Building contains six or more apartments, the bank account will earn interest. If You carry out all
agreements in this Lease, at the end of each calendar year Owner or the bank will pay to Owner 1% interest
on the deposit for administrative costs and to You all other interest earned on the security deposit.
If You carry out all of Your agreements in the Lease and if You move out of the Apartment and return it to
Owner in the same condition it was in when You first occupied it, except for ordinary wear and tear or other
casualty, Owner will return to You the full amount of Your security deposit and interest to which You are
entitled within 14 days after this Lease ends. However, if You do not carry out all Your agreements in this
Lease, Owner may keep all or part of Your security deposit and any interest which has not yet been paid to
You necessary to pay Owner for any losses incurred, including missed payments.
If Owner sells or leases the Building, Owner will turn over Your security, with interest, either to You or to the
person buying or leasing (lessee) the building within 5 days after the sale or lease. Owner will then notify You,
by registered or certified mail, of the name and address of the person or company to whom the deposit has
been turned over. In such case, Owner will have no further responsibility to You for the security deposit. The
new owner or lessee will become responsible to You for the security deposit.
5. IF YOU ARE UNABLE TO MOVE IN A situation could arise which might prevent Owner from letting You
move into the Apartment on the beginning date set in this Lease. If this happens for reasons beyond Owner's
reasonable control, Owner will not be responsible for Your damages or expenses, and this Lease will remain
in effect. However, in such case, this Lease will start on the date when You can move in, and the ending date
in Article 2 will be changed to a date reflecting the full term of years set forth in Article 2. You will not have to
pay rent until the move-in date Owner gives You by written notice or the date You move in, whichever is
earlier. If Owner does not give You notice that the move-in date is within 30 days after the beginning date of
the term of this Lease as stated in Article 2, You may tell Owner in writing, that Owner has 15 additional days
to let You move in, or else the Lease will end. If Owner does not allow You to move in within those additional
15 days, then the Lease is ended. Any money paid by You on account of this Lease will then be refunded
promptly by Owner.
6. CAPTIONS In any dispute arising under this Lease, in the event of a conflict between the text and a
caption, the text controls.
7. WARRANTY OF HABITABILITY
A. All of the sections of this Lease are subject to the provisions of the Warranty of Habitability Law in the form
it may have from time to time during this Lease. Nothing in this Lease can be interpreted to mean that You
have given up any of Your rights under that law. Under that law, Owner agrees that the Apartment and the
Building are fit for human habitation and that there will be no conditions which will be detrimental to life,

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Initials: ________
FE68A46E
FILED: NEW YORK COUNTY CLERK 06/13/2024 02:41 PM INDEX NO. 155447/2024
NYSCEF DOC. NO. 555 TEN
3 RECEIVED NYSCEF: 06/13/2024
health or safety.
B. You will do nothing to interfere or make more difficult Owner's efforts to provide You and all other
occupants of the Building with the required facilities and services. Any condition caused by Your
misconduct or the misconduct of anyone under Your direction or control shall not be a breach by Owner.
8. CARE OF YOUR APARTMENT - END OF LEASE - MOVING OUT
A. You will take good care of the apartment and will not permit or do any damage to it, except for damage
which occurs through ordinary wear and tear. You will move out on or before the ending date of this lease
and leave the Apartment in good order and in the same condition as it was when You first occupied it,
except for ordinary wear and tear.
B. When this Lease ends, You must remove all of Your moveable property. You must also remove, at Your
own expense, any wall covering, bookcases, cabinets, mirrors, painted murals or any other installation or
attachment You may have installed in the Apartment, even if it was done with Owner's consent. You must
restore and repair to its original condition those portions of the Apartment affected by those installations
and removals. You have not moved out until all persons, furniture and other property of Yours is also out of
the Apartment. If Your property remains in the Apartment after the Lease ends, Owner may either treat You
as still in occupancy and charge You for use, or may consider that You have given up the Apartment and
any property remaining in the Apartment. In this event, Owner may either discard the property or store it at
Your expense. You agree to pay Owner for all costs and expenses incurred in removing such property. The
provisions of this article will continue to be in effect after the end of this Lease.
9. CHANGES AND ALTERATIONS TO APARTMENT You cannot build in, add to, change or alter, the
Apartment in any way, including wallpapering, painting, repainting, or other decorating, without getting Owner's
written consent before You do anything. Without Owner's prior written consent, You cannot install in the
Apartment any of the following: dishwasher machines, clothes washing or drying machines, electric stoves,
garbage disposal units, heating, ventilating or air conditioning units or use or install any other electrical
equipment which, in Owner's reasonable opinion, will overload the existing wiring installation in the Building or
interfere with the use of such electrical wiring facilities by other tenants of the Building. Also, You cannot place
in the Apartment water-filled furniture.
10. YOUR DUTY TO OBEY AND COMPLY WITH LAWS, REGULATIONS AND LEASE RULES
A. Government Laws and Orders. You will obey and comply (1) with all present and future city, state and
federal laws and regulations which affect the Building or the Apartment, and (2) with all orders and
regulations of Insurance Rating Organizations which affect the Apartment and the Building. You will not
clean any windows in the Apartment from the outside.
B. Owner's Rules Affecting You. You will obey all Owner's rules listed in this Lease and all future
reasonable rules of Owner or Owner's agent. Notice of all additional rules shall be delivered to You in
writing or posted in the lobby or other public place in the building. Owner shall not be responsible to You for
not enforcing any rules, regulations or provisions of another tenant's lease except to the extent required by
law. Tenant's violation of the rules shall be considered a substantial breach of this lease.
C. Your Responsibility. You are responsible for the behavior of Yourself, of Your immediate family, Your
servants and people who are visiting You. You will reimburse Owner as additional rent upon demand for
the cost of all losses, damages, fines and reasonable legal expenses incurred by Owner because You,
members of Your immediate family, servants or people visiting You have not obeyed government laws and
orders of the agreements or rules of this Lease.

11. OBJECTIONABLE CONDUCT As a tenant in the Building, You will not engage in objectionable conduct.
Objectionable conduct means behavior which makes or will make the Apartment or the Building less fit to live
in for You or other occupants. It also means anything which interferes with the right of others to properly and
peacefully enjoy their Apartments, or causes conditions that are dangerous, hazardous, unsanitary and
detrimental to other tenants in the Building. Objectionable conduct by You gives Owner the right to end this
Lease.

12. SERVICES AND FACILITIES
A. Required Services. Owner will provide cold water and hot water and heat as required by law, repairs to
the Apartment, as required by law, elevator service if the Building has elevator equipment, and the utilities,
if any, included in the rent, as set forth in sub-paragraph B. You are not entitled to any rent reduction
because of a stoppage or reduction of any of the above services unless it is provided by law.
B. The following utilities are included in the rent: Gas
C. Electricity and Other Utilities. If Owner provides electricity or gas and the charge is included in the rent
on Page 1, or if You buy electricity or gas from Owner for a separate (submetered) charge, Your
obligations are described in the Rider attached to this Lease. If electricity or gas is not included in the rent
or is not charged separately by Owner, You must arrange for this service directly with the utility company.
You must also pay directly for telephone service if it is not included in the rent.
D. Appliances. Appliances supplied by Owner in the Apartment are for Your use. They will be maintained
and repaired or replaced by Owner, but if repairs or replacement are made necessary because of Your
negligence or misuse, You will pay Owner for the cost of such repair or replacement as additional rent.
E. Elevator Service. If the elevator is the kind that requires an employee of Owner to operate it, Owner
may end this service without reducing the rent if: (1) Owner gives You 10 days notice that this service will
end; and (2) within a reasonable time after the end of this 10-day notice, Owner begins to substitute an
automatic control type of elevator and proceeds diligently with its installation.
F. Storeroom Use If Owner permits You to use any storeroom, laundry or any other facility located in the
building but outside of the Apartment, You will operate at Your expense any coin operated appliances
located in such storerooms or laundries.

13. INABILITY TO PROVIDE SERVICES Because of a strike, labor, trouble, national emergency, repairs, or

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Initials: ________
FE68A46E
FILED: NEW YORK COUNTY CLERK 06/13/2024 02:41 PM INDEX NO. 155447/2024
NYSCEF DOC. NO. 555 TEN
3 RECEIVED NYSCEF: 06/13/2024
any other cause beyond Owner's reasonable control, Owner may not be able to provide or may be delayed in
providing any services or in making any repairs to the Building. In any of these events, any rights You may
have against Owner are only those rights which are allowed by laws in effect when the reduction in service
occurs.
14. ENTRY TO APARTMENT During reasonable hours and with reasonable notice, except in emergencies,
Owner may enter the Apartment for the following reasons:
A. To erect, use and maintain pipes and conduits in and through the walls and ceilings of the Apartment; to
inspect the Apartment and to make any necessary repairs or changes Owner decides are necessary. Your
rent will not be reduced because of any of this work, unless required by Law;
B. To show the Apartment to persons who may wish to become owners or lessees of the entire Building or
may be interested in lending money to Owner;
C. For four months before the end of the Lease, to show the Apartment to persons who wish to rent it;
D. If during the last month of the Lease You have moved out and removed all or almost all of Your property
from the Apartment, Owner may enter to make changes, repairs, or redecorations. Your rent will not be
reduced for that month and this Lease will not be ended by Owner's entry;
E. If at any time You are not personally present to permit Owner or Owner's representative to enter the
Apartment and entry is necessary or allowed by law or under this lease, Owner or Owner's representatives
may nevertheless enter the Apartment. Owner may enter by force in an emergency. Owner will not be
responsible to You, unless during this entry, Owner or Owner's representative is negligent or misuses Your
property.
15. ASSIGNING; SUBLETTING; ABANDONMENT
A. Assigning and Subletting. You cannot assign this Lease or sublet the Apartment without Owner's
advance written consent in each instance to a request made by You in the manner required by Real
Property Law §226-b. Owner may refuse to consent to a lease assignment for any reason or no reason,
but if Owner unreasonably refuses to consent to request for a lease assignment properly made, at Your
request in writing, Owner will end this Lease effective as of thirty days after Your request. The first and
every other time you wish to sublet the Apartment, You must get written consent of Owner unless Owner
unreasonably withholds consent following Your request to sublet in the manner provided by Real Property
Law §226-b. Owner may impose a reasonable credit check fee on You in connection with an application to
assign or sublet. If you fail to pay Your rent, Owner may collect rent from subtenant or occupant without
releasing You from the Lease. Owner will credit the amount collected against the rent due from You.
However, Owner's acceptance of such rent does not change the status of the subtenant or occupant to that
of direct tenant of Owner and does not release You from this Lease.
B. Abandonment. If You move out of the Apartment (abandonment) before the end of the Lease without
the consent of Owner, this Lease will not be ended (except as provided by law following Owner's
unreasonable refusal to consent to an assignment or subletting requested by You). You will remain
responsible for each monthly payment of rent as it becomes due until the end of this Lease. In case of
abandonment, Your responsibility for rent will end only if Owner chooses to end this Lease for default as
provided in Article 16.
16. DEFAULT
1. You default under the Lease if You act in any of the following ways:
a. You fail to carry out any agreement or provision of this Lease;
b. You or another occupant of the Apartment behaves in an objectionable manner;
c. You do not take possession or move into Apartment fifteen (15) days after beginning of this Lease;
d. You and other legal occupants of the Apartment move out permanently before this Lease ends;
If You do default in any one of these ways, other than a default in the agreement to pay rent, Owner may
serve You with a written notice to stop or correct the specified default within ten (10) days. You must then
either stop or correct the default within 10 days, or, if You need more than 10 days, You must begin to
correct the default within 10 days and continue to do all that is necessary to correct the default as soon as
possible.
2. If you do not stop or begin to correct a default within 10 days, Owner may give you a second written notice
that this Lease will end six (6) days after the date the second written notice is sent to You. At the end of
this 6-day period, this Lease will end, and You then must move out of the Apartment. Even though this
Lease ends, You will remain liable to Owner for unpaid rent up to the end of this Lease, the value of Your
occupancy, if any, after the Lease ends, and damages caused to Owner after that time as stated in Article
17.
3. If You do not pay Your rent when this Lease requires after a personal demand for rent has been made, or
within three (3) days after a statutory written demand for rent has been made, or if the Lease ends, Owner
may do the following: (a) enter the Apartment and retake possession of it if You have moved out; or (b) go
to court and ask that You and all other occupants in the Apartment be compelled to move out.
Once this Lease has been ended, whether because of default or otherwise, You give up any right You
might otherwise have to reinstate or renew the Lease.
17. REMEDIES OF OWNER AND YOUR LIABILITY If this Lease is ended by Owner because of Your default,
the following are the rights and obligations of You and Owner:
A. You must pay Your rent until this Lease has ended. Thereafter, You must pay an equal amount for what
the law calls "use and occupancy" until You actually move out.
B. Once You are out, Owner may re-rent the Apartment or any portion of it for a period of time which may end
before or after the ending date of this Lease. Owner may re-rent to a new tenant at a lesser rent or may
charge a higher rent than the rent in this Lease.
C. Whether the Apartment is re-rented or not, You must pay to Owner as damages:
1. The difference between the rent in this Lease and the amount, if any, of the rents collected in any later

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FE68A46E
FILED: NEW YORK COUNTY CLERK 06/13/2024 02:41 PM INDEX NO. 155447/2024
NYSCEF DOC. NO. 555 TEN
3 RECEIVED NYSCEF: 06/13/2024
lease or leases of the Apartment for what would have been the remaining period of this Lease; and
2. Owner's expenses for advertisements, broker's fees and the cost of putting the Apartment in good
condition for re-rental; and
3. Owner's expenses for attorney's fees.
D. You shall pay all damages due in monthly installments on the rent day established in this Lease. Any legal
action brought to collect one or more monthly installments of damages shall not prejudice in any way
Owner's right to collect the damages for a later month by a similar action. If the rent collected by Owner
from a subsequent tenant of the Apartment is more than the unpaid rent and damages which You owe
Owner, You cannot receive the difference. Owner's failure to rerent to another tenant will not release or
change Your liability for damages.
18. ADDITIONAL OWNER REMEDIES If You do not do everything You have agreed to do, or if You do
anything which shows that You intend not to do what You have agreed to do, Owner has the right to ask a
Court to make You carry out Your agreement or to give the Owner such other relief as the Court can provide.
This is in addition to the remedies in Article 16 and 17 of this Lease.
19. FEES AND EXPENSES
A. Owner's Right. You must reimburse Owner for any of the following fees and expenses incurred by
Owner:
1. Making any repairs to the Apartment or the Building which result from the misuse or negligence by You
or persons who live with You, visit You, or work for You;
2. Repairing or replacing property damaged by Your misuse or negligence;
3. Correcting any violations of city, state or federal laws or orders and regulations of insurance rating
organizations concerning the Apartment or the Building which You or persons who live with You, visit
You, or work for You have caused;
4. Preparing the Apartment for the next tenant if You move out of Apartment before the Lease ending
date;
5. Any legal fees and disbursements for legal actions or proceedings brought by Owner against You
because of a Lease default by You or for defending lawsuits brought against Owner by you or because
of Your actions;
6. Removing all of Your property after this Lease is ended;
7. All other fees and expenses incurred by Owner because of Your failure to obey any other provisions
and agreements of this Lease;
These fees and expenses shall be paid by You to Owner as additional rent within thirty (30) days after You
receive Owner's bill or statement. If this Lease has ended when these fees and expenses are incurred, You
will still be liable to Owner for the same amount as damages.
B. Tenant's Right. Owner agrees that unless sub-paragraph 5 of this Article 19 has been stricken out of
this Lease, You have the right to collect reasonable legal fees and expenses incurred in a successful
defense by You of a lawsuit brought by Owner against You or brought by You against Owner to the extent
provided by Real Property Law, section 234.
20. PROPERTY LOSS, DAMAGES OR INCONVENIENCE Unless caused by the negligence or misconduct of
Owner or Owner's agents or employees, Owner or Owner's agents and employees are not responsible to You
for any of the following: (1) any loss of or damage to You or Your property in the Apartment or the Building due
to any accidental or intentional cause, even a theft or another crime committed in the Apartment or elsewhere
in the Building; (2) any loss of or damage to Your property delivered to any employee of the Building (i.e.,
doorman, superintendent, etc.); or (3) any damage or inconvenience caused to You by actions, negligence or
violations of a Lease by any other tenant or person in the Building except to the extent required by law.
Owner will not be liable for any temporary interference with light, ventilation, or view caused by construction by
or in behalf of Owner. Owner will not be liable for any such interference on a permanent basis caused by
construction on any parcel of land not owned by Owner. Also, Owner will not be liable to You for such
interference caused by the permanent closing, darkening, or blocking up of windows, if such action is required
by law. None of the foregoing events will cause a suspension or reduction of the rent or allow You to cancel
the Lease.
21. FIRE OR CASUALTY
A. If the apartment becomes unusable, in part or totally, because of fire, accident or other casualty, this Lease
will continue unless ended by Owner under C below or by You under D below. But the rent will be reduced
immediately. This reduction will be based upon the part of the Apartment which is unusable.
B. Owner will repair and restore the Apartment, unless Owner decides to take actions described in paragraph
C below.
C. After a fire, accident or other casualty in the Building, Owner may decide to tear down the Building or to
substantially rebuild it. In such case, Owner need not restore the Apartment but may end this Lease.
Owner may do this even if the Apartment has not been damaged, by giving You written notice of this
decision within 30 days after the date when the damage occurred. If the Apartment is usable when Owner
gives You such notice, this Lease will end 60 days from the last day of the calendar month in which You
were given the notice.
D. If the Apartment is completely unusable because of fire, accident or other casualty and it is not repaired in
30 days, You may give Owner written notice that You end the Lease. If You give that notice, this Lease is
considered ended on the day that the fire, accident or casualty occurred. Owner will refund Your security
deposit and the pro-rate portion of rents paid for the month in which the casualty happened.
E. Unless prohibited by the applicable insurance policies, to the extent that such insurance is collected, You
and Owner release and waive all right of recovery against the other or anyone claiming through or under
each by way of subrogation.

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Initials: ________
FE68A46E
FILED: NEW YORK COUNTY CLERK 06/13/2024 02:41 PM INDEX NO. 155447/2024
NYSCEF DOC. NO. 555 TEN
3 RECEIVED NYSCEF: 06/13/2024
22. PUBLIC TAKING The entire building or a part of it can be acquired (condemned) by any government or
government agency f

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Exhibit,Appendix: 555 Tenth Avenue Llc v. Thomas Avery

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Exhibit,Appendix: 555 Tenth Avenue Llc v. Thomas Avery

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