On July 21, 2015 a
Motion-Secondary
was filed
involving a dispute between
Lakeside Inn, Inc.,
William Ferguson,
and
Dover 70 Milburn Avenue Holding Corp. A K A 70 Milburn Ave Holding Corp, A K A Dover 70 Milburn Avenue Holding Co Inc,
Dover Coral House, Inc.,
Isaac Yamali A K A Butch Yamali,
for Commercial
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 05/15/2018 06:45 PM INDEX NO. 604694/2015
NYSCEF DOC. NO. 157 RECEIVED NYSCEF: 05/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------X X
William Ferguson and Lakeside Inn,
Inc., Index No. 604694/2015
Plaintiffs, Hon. Stephen A. Bucaria
-against-
Isaac Yamali, a/k/a Butch Yamali; AFFIDAVIT
Dover 70 Milburn Avenue Holding
Corp. A/K/A 70 Milburn Avenue
Holding Corp., A/K/A Dover 70
Milburn Avenue Holding Co. Inc.; and
Dover Coral House, Inc.
Defendants.
------------------------------------------------------------------X
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
STEVEN M. MCEVOY, P.E., being duly sworn, deposes and says:
1. I am a Structural and Forensic Engineer with H2M architects +
engineers, an architectural and engineering consulting firm, which was retained by
Defendants to determine if the work performed by Defendants at Coral House
Report"
described in the "Confidential Inspection by Joseph Schmitt, P.E. of
Schmitt Engineering, PLLC, dated October 29, 2017, was consistent with, and in
furtherance of, the duty of the tenant: pursuant to Paragraph Fifth of the lease dated
(" Lease"
December 14, 2011 ("Lease") to "keep the demised premises in good condition,
-1-
1 of 3
FILED: NASSAU COUNTY CLERK 05/15/2018 06:45 PM INDEX NO. 604694/2015
NYSCEF DOC. NO. 157 RECEIVED NYSCEF: 05/15/2018
and shall redecorate, paint and renovate the said premises as may be necessary to
keep them in repair and good appearance"; or constituted "necessary replacements,
betterments"
renewals, alterations, additions or as set forth in Paragraph 31 of the
Lease or; if neither of the foregoing, whether they constituted "minor alterations,
changes, replacements or improvements of a simply cosmetic, non-structural
nature"
as set forth in Paragraph 36 of the Lease.
2. Pursuant to that engagement, I prepared a Structural Conditions
Report"
Inspection report of the Premises (the "Engineering Report"), a copy of which is
annexed hereto as Exhibit 15.
3. My credentials as an expert in the field of structural engineering
are annexed hereto as Exhibit 16.
4. The statements and conclusions of the Engineering Report are
based on my personal knowledge and observations, including onsite inspections of
the Premises and archived photo documentation annexed to the Engineering
Report.
5. In my professional judgment, the findings, analysis and
conclusions expressed in the Engineering Report are accurate within a reasonable
degree of engineering certainty.
Plaintiffs'
6. I submit this Affidavit in opposition to cross-motion
for summary judgment.
-2-
2 of 3
FILED: NASSAU COUNTY CLERK 05/15/2018 06:45 PM INDEX NO. 604694/2015
NYSCEF DOC. NO. 157 RECEIVED NYSCEF: 05/15/2018
Steven M. McEvoy, I
Swo n to before me this
day of May, 2018.
Notary Public
RENEE MARCUS
NOTARY PUBLIC - NEW YORK
01MA5047852
SUFFOLK
EXPIRES
COUNTY
AUGUST ~
2~
14,
+
C7
-3-
3 of 3
Document Filed Date
May 15, 2018
Case Filing Date
July 21, 2015
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FILED: NASSAU COUNTY CLERK 05/15/2018 06:45 PM INDEX NO. 604694/2015 NYSCEF DOC. NO. 157 RECEIVED NYSCEF: 05/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------X X William Ferguson and Lakeside Inn, Inc., Index No. 604694/2015 Plaintiffs, Hon. Stephen A. Bucaria -against- Isaac Yamali, a/k/a Butch Yamali; AFFIDAVIT Dover 70 Milburn Avenue Holding Corp. A/K/A 70 Milburn Avenue Holding Corp., A/K/A Dover 70 Milburn Avenue Holding Co. Inc.; and Dover Coral House, Inc. Defendants. ------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) STEVEN M. MCEVOY, P.E., being duly sworn, deposes and says: 1. I am a Structural and Forensic Engineer with H2M architects + engineers, an architectural and engineering consulting firm, which was retained by Defendants to determine if the work performed by Defendants at Coral House Report" described in the "Confidential Inspection by Joseph Schmitt, P.E. of Schmitt Engineering, PLLC, dated October 29, 2017, was consistent with, and in furtherance of, the duty of the tenant: pursuant to Paragraph Fifth of the lease dated (" Lease" December 14, 2011 ("Lease") to "keep the demised premises in good condition, -1- 1 of 3 FILED: NASSAU COUNTY CLERK 05/15/2018 06:45 PM INDEX NO. 604694/2015 NYSCEF DOC. NO. 157 RECEIVED NYSCEF: 05/15/2018 and shall redecorate, paint and renovate the said premises as may be necessary to keep them in repair and good appearance"; or constituted "necessary replacements, betterments" renewals, alterations, additions or as set forth in Paragraph 31 of the Lease or; if neither of the foregoing, whether they constituted "minor alterations, changes, replacements or improvements of a simply cosmetic, non-structural nature" as set forth in Paragraph 36 of the Lease. 2. Pursuant to that engagement, I prepared a Structural Conditions Report" Inspection report of the Premises (the "Engineering Report"), a copy of which is annexed hereto as Exhibit 15. 3. My credentials as an expert in the field of structural engineering are annexed hereto as Exhibit 16. 4. The statements and conclusions of the Engineering Report are based on my personal knowledge and observations, including onsite inspections of the Premises and archived photo documentation annexed to the Engineering Report. 5. In my professional judgment, the findings, analysis and conclusions expressed in the Engineering Report are accurate within a reasonable degree of engineering certainty. Plaintiffs' 6. I submit this Affidavit in opposition to cross-motion for summary judgment. -2- 2 of 3 FILED: NASSAU COUNTY CLERK 05/15/2018 06:45 PM INDEX NO. 604694/2015 NYSCEF DOC. NO. 157 RECEIVED NYSCEF: 05/15/2018 Steven M. McEvoy, I Swo n to before me this day of May, 2018. Notary Public RENEE MARCUS NOTARY PUBLIC - NEW YORK 01MA5047852 SUFFOLK EXPIRES COUNTY AUGUST ~ 2~ 14, + C7 -3- 3 of 3