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FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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CAROLYN DISBROW, Index No.
PlaintifF,
Date Purchased;
-against-
Plaintiff designates New York
THE NORMANDIE CONDOMINIUM, THE County as the place of trial
BOARD OF MANAGERS OF THE NORMANDIE
CONDOMINIUM, METRO MANAGEMENT & SUMMONS
DEVELOPMENT, INC., GLOBAL SOLUTIONS
APPLIANCE REPAIR INC., GLOBAL
SOLUTIONS APPLIANCE REPAIR NYC LLC,
HADAS A. JACOBI, BRIAN STRONG, AND
KERI STRONG
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the plaintiffs’ attorneys within twenty (20) days after the service of this summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York). In case of failure to
appear or answer, judgment will be taken against you by default for the reason demanded in the
complaint.
Dated: New York, New York
March 10, 2020
HERRICK, FEINSTEIN LLP
tlliam R. Fried
lice 1. Goldberg
laame Esi Austin
Attorneys for Plaintiff Carolyn Disbrow
2 Park Avenue
New York, New York 10016
212.592.1400
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TO: THE NORMANDIE CONDOMINIUM
Attn: President of the Board of Managers of The Normandie Condominium
100 West 119th Street
New York, New York 10026
THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM
Attn: President of the Board of Managers of The Normandie Condominium
100 West 119th Street
New York, New York 10026
METRO MANAGEMENT & DEVELOPMENT, INC.
Attn: David Baron, Chief Executive Officer
42-25 21st Street
Long Island City, New York 11101
GLOBAL SOLUTIONS APPLIANCE REPAIR INC.
Attn: Elad Nevizada
102-02 Queens Boulevard, Apt. 6-C
Forest Hills, New York 11375
GLOBAL SOLUTIONS APPLIANCE REPAIR INC.
Attn: Elad Nevizada
124-18 Queens Boulevard
Jamaica, New York 11415
GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC
Attn: Asher Touriel
109-05 72nd Avenue
Forest Hills, New York 11375
HADAS A. JACOBI
6 Ross Road
Scarsdale, New York 10583
BRIAN STRONG
100 West 119th Street, Apt. 6B
New York, New York 10026
KERI STRONG
100 West 119th Street, Apt. 6B
New York, New York 10026
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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CAROLYN DISBROW, :
Plaintiff, : Index No.
:
-against- :
: VERIFIED COMPLAINT
THE NORMANDIE CONDOMINIUM, THE :
BOARD OF MANAGERS OF THE NORMANDIE :
CONDOMINIUM, METRO MANAGEMENT & :
DEVELOPMENT, INC., GLOBAL SOLUTIONS :
APPLIANCE REPAIR INC., GLOBAL :
SOLUTIONS APPLIANCE REPAIR NYC LLC, :
:
HADAS A. JACOBI, BRIAN STRONG, AND
:
KERI STRONG :
Defendants. :
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Carolyn Disbrow (“Disbrow”), by and through her undersigned attorneys, Herrick,
Feinstein LLP, as and for her Verified Complaint against The Normandie Condominium
(“Normandie” or the “Condominium”), Normandie’s Board of Managers (the “Board”), Metro
Management & Development, Inc. (“Metro”), Global Solutions Appliance Repair Inc., (“GS”),
Global Solutions Appliance Repair NYC LLC (“GS NYC,” and together with GS, the “GS
Entities”), Hadas A. Jacobi (“Jacobi”) and Brian and Keri Strong (the “Strongs”) (all of the
foregoing collectively referred to as “Defendants”) alleges as follows:
NATURE OF THE ACTION
1. This case arises out of the Defendants’ various acts and omissions in violation of
their contractual, tort and fiduciary duties to repair and restore Disbrow’s apartment unit in the
Condominium after the unit suffered substantial damage caused by multiple water leaks, one
emanating from another apartment unit in the Condominium and a second leak emanating from a
waste pipe under the control of the Condominium into Disbrow’s unit.
2. As a result of Defendants’ wrongful conduct, Disbrow was forced to abandon her
home for approximately thirteen months, all the while being simultaneously required to expend
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substantial sums out of her own pocket for repair construction costs, temporary housing costs,
storage costs, and other personal expenses. During that same time period, Disbrow continued to
bear the cost of mortgage payments, property tax payments, and common charge payments, even
as she was being deprived of the use and enjoyment of her home.
3. To date, Disbrow has been compensated by insurance for only a small fraction of
the extensive damages she has suffered. As more particularly described herein, it is Defendants’
various wrongful acts and omissions that directly and proximately caused Disbrow’s damages.
Judicial intervention is now warranted.
PARTIES
4. At all times relevant hereto, Plaintiff Carolyn Disbrow was and still is the record
owner of 100 W. 119th Street, Unit 2B, New York, New York in the Normandie Condominium
(the “Unit”).
5. At all times relevant hereto, Defendant The Normandie Condominium was and is
an unincorporated association having an address at 100 West 119th Street, New York, New York
organized as a condominium under the laws of the State of New York, pursuant to a Declaration
of Condominium (“Declaration”) and By-Laws of the Normandie Condominium (“By-Laws”)
dated November 16, 2004 and recorded on November 2, 2005 in the Office of the City Register of
the City of New York, as subsequently amended (the Declaration and By-Laws collectively
referred to as the “Governing Documents”).
6. At all times relevant hereto, Defendant The Board of Managers of the Normandie
Condominium is the entity and/or group responsible for the actions and/or inactions of Normandie
as set forth in the Governing Documents.
7. Upon information and belief, at all times relevant hereto, Defendant Metro
Management & Development, Inc. was and is a business corporation organized under the laws of
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the State of New York, having an address at 42-25 21st Street, Long Island City, New York. Upon
further information and belief, at all times relevant hereto, Metro was the authorized Management
Agent employed by the Board pursuant to Article III, Section 6 of the By-Laws, to “perform such
duties and services as the Board shall authorize, including, but not limited to all of the duties of
the Board listed in this Article [III] which may be delegated under law.”
8. Upon information and belief, at all times relevant hereto, Defendant Global
Solutions Appliance Repair Inc. was and is a business corporation organized under the laws of the
State of New York, having an address at 124-18 Queens Boulevard, Kew Gardens, New York.
9. Upon information and belief, at all times relevant hereto, Defendant Global
Solutions Appliance Repair NYC LLC was and is a limited liability company organized under the
laws of the State of New York, having an address at 124-18 Queens Boulevard, Kew Gardens,
New York.
10. Upon information and belief, at all times relevant hereto, Defendant Hadas A.
Jacobi was and is an individual residing in the State of New York. Upon further information and
belief, during the time period September 1, 2016 through April 10, 2018, Jacobi was the record
owner of 100 W. 119th Street, Unit 6B, New York, New York.
11. Upon information and belief, at all times relevant hereto, Defendants Brian Strong
and Keri Strong were and are married individuals residing in the State of New York. Upon further
information and belief, during the time period April 10, 2018 through the present, the Strongs were
and are the record owners of 100 W. 119th Street, Unit 6B, New York, New York (the “Strong
Unit”).
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JURISDICTION AND VENUE
12. This Court has jurisdiction and venue over this action pursuant to CPLR 301
because Plaintiff resides in the State of New York and, on information and belief, Defendants
reside in or have their principal place of business in the State of New York.
13. Venue is proper in this Court pursuant to CPLR 503(a) because Plaintiff resides in
the County of New York and a substantial part of the events or omissions giving rise to the claim
occurred in the County of New York.
FACTUAL ALLEGATIONS
Governance of the Normandie
14. The Governing Documents set forth the duties and obligations of the Board and the
Unit Owners. The Board is charged by the Governing Documents with the duty to attend to the
operation, care, upkeep, maintenance, repair, restoration, addition to, improvement, alteration and
replacement of the Normandie’s General Common Elements and Residential Limited Common
Elements, and to further make repairs and/or restore any Units or common elements after damage
or destruction by fire or other casualty.
15. The Board retained Metro to act as the Normandie’s Managing Agent and to attend
to the day to day operations of the Normandie, and to keep the Units and common elements in
good repair.
16. Pursuant to Article III, Section 5(a) of the By-Laws:
The property and business of the Condominium shall be managed by its
[Board], which may exercise all such powers of the Condominium and do
all such lawful acts and things as are not required to be exercised and or
done by the Unit Owner personally. These powers shall specifically
include, but not be limited to, the following items:
* * *
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3. To make repairs, restore or alter any Units or the common elements after
damage or destruction by fire or other casualty or as a result of
condemnation or eminent domain proceedings within the limitations of
these By-Laws.
17. Pursuant to Article VI, Section 7 of the By-Laws:
(a) All maintenance of and repairs to any Unit
All maintenance, repairs and replacements (individually and collectively
“Repairs”) to the General Common Elements (as defined in the
Declaration) . . . shall be made by the [Board] and be charged to all the Unit
Owners as a Common Expense, except if the Repairs are necessitated by the
negligence, misuse or neglect [of] a Unit Owner, in which case the expense
shall be charged to such Unit Owner. Repairs in or to the Residential
Limited Common Elements (as defined in the Declaration) will be
performed by, and at the expense of, the following persons under the
following circumstances: (i) the [Board] as a Common Expense, if such
Residential Limited Common Element may be used by all Unit Owners, (ii)
the [Board] at the expense of the Unit Owner, if it is a Restricted Residential
Limited Common Element and the Repair involves structural or
extraordinary maintenance, repairs or replacements (including, but not
limited to, the replacement of exterior windows or the repair of leaks) . . . .
18. Article Fifth, Section (b)(i) of the Declaration defines the General Common
Elements to include, in relevant part:
(2) All foundations, columns, beams, supports, bearing walls, those portions
of the exterior walls and insulation beyond the unexposed face of the dry
wall at the exterior face of the Building or, where applicable, those portions
of the exterior walls beyond the interior face of the exterior wall; those
portions of the walls and partitions dividing the Units from corridors, lobby
and stairs located beyond the unexposed face of the dry walls enclosing the
Unit; the subfloor and framing joists, including any framing attached to such
joists from which the dry wall ceiling of the Unit below is attached;
corridors, halls, stairs and stairway areas located beyond the unexposed face
of the drywalls enclosing a Unit . . . .
(3) All central and appurtenant installations for services such as power,
light, intercom, telephone, television, gas, hot and cold water, heat
(including all pipes, ducts, wires, shoots, cables and conduits used in
connection therewith) and all other mechanical equipment spaces, except
that . . . any such installations exclusively serving the Residential Units or
the Residential Unit Owners shall be Residential Limited Common
Elements;
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(11) All other facilities of the Building, including (but not limited to) vaults,
shafts, pipes, wires, ducts, vents, cables, conduits, lines, and roof over
public stairways, which serve or benefit or are necessary or convenient for
the existence, maintenance, operation or safety of both the Commercial
Units and the Residential Units.
19. Article Fifth, Section (c)(i) of the Declaration defines the Residential Limited
Common Elements to include, in relevant part:
(8) Corridor supply risers and ducks, kitchen and toilet exhaust risers and
ducts, kitchen and toilet water vents, gas risers, electric risers and shafts
serving Residential Units;
(9) Gas piping serving Residential Limited Common Elements and
Residential Units;
(11) All doors abutting on common areas other than entrance or exit doors
to or form Commercial Units, including, but not limited to, doors opening
from Residential Units to corridors, and the entrance and exit doors to and
from the Building. . . . The front entrance doors to Residential Units shall
be deemed Residential Limited Common Elements, but a Unit Owner will
nevertheless be responsible for repairing and maintaining the interior
surface of the front entrance door to the unit, and any locks, bells or
peepholes within the front entrance door.
(16) All other facilities of the Property (including, but not limited to, shafts,
pipes, wires, ducts, vents, cables, conduits and lines) which serve or benefit
or are necessary or convenient for the existence, maintenance, operation or
safety of the Residential Units.
20. Pursuant to Article VI, Section 7(f) of the By-Laws:
Notwithstanding the other provisions of this Section 7, if any painting,
decorating, maintenance, repairs or replacements to the Property or any part
hereof is necessitated by the negligence, misuse or Neglect of any Unit
Owner, the entire cost thereof shall be borne by such Unit Owner. Each
Unit Owner shall be responsible for all damage to any and all other Units
or to the Common Elements by reason of his negligence, misuse or neglect.
21. Pursuant to Article VII, Section 3 of the By-Laws:
In the event of damage to or destruction of the Building as a result of fire or
other casualty . . . the [Board] shall arrange for the prompt repair and
restoration of the Building (including any heating, air conditioning or other
service machinery which is covered by insurance, but not including any,
wall, ceiling or door decorations or coverings or other furniture, furnishings,
fixtures or equipment installed by Unit Owners in the Units), and the
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[Board] . .. shall disburse the proceeds of all insurance policies to the
contractors engaged in such repair and restoration in appropriate progress
payments. Any cost of such repair and restoration in excess of the insurance
proceeds shall constitute a common expense and the Board of Managers
may assess the Unit Owners for such deficit as part of the Common Charges.
Disbrow Purchases the Unit and the Unit Sustains Significant Damage
22. Disbrow purchased the Unit in or about the fall of 2017.
23. Approximately eight months after purchasing the Unit, on or about May 25, 2018,
the Unit and Disbrow’s personal property located in the Unit (“Personal Property”) sustained
significant water-related damage (the “Damage”).
24. The water infiltration that caused the Damage originated from the Strong Unit, after
water originating from a water line in the kitchen of the Strong Unit leaked through the walls and
floors of the Normandie (the “Leak”) and infiltrated the Unit’s ceiling, walls, floor, light fixtures
and electrical wiring.
25. Specifically, upon information and belief, as part of the sale of the Strong Unit from
Jacobi to the Strongs, Jacobi agreed to repair certain appliances in the Strong Unit, including the
refrigerator.
26. Upon information and belief, while performing the refrigerator repair in the Strong
Unit, the GS Entities, acting recklessly, carelessly, negligently and/or grossly negligently, failed
to properly shut off a water line causing the Leak that caused the Damage.
27. The Damage to the Unit was so significant that on the day following the Leak, a
water mitigation team sent by Disbrow’s insurance carrier had to remove the water-damaged
ceilings, floors and walls in Unit.
The Board and Metro Fail to Timely Act to Repair the Damage
28. Late in the evening on May 25, 2018 — the day that the Leak occurred — Kristina
Iori, an employee of Metro, advised Disbrow and all other unit owners affected by the Leak that
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with the exception of repairs to the electrical panels damaged by the Leak, the remaining Damage
was “not a building insurance claim. The responsible party is the owner of 6B, not Normandie
Condominium.”
29. However, after Disbrow and other affected unit owners filed claims with their own
insurance carriers, they were advised that the Normandie’s building insurance should be liable for
repairs to original walls and floors of the Units.
30. Accordingly, Disbrow and the other affected unit owners repeatedly requested that
Metro arrange for the Normandie’s insurance carrier, Fireman’s Insurance Company of
Washington DC/Berkley Luxury Group (the “Master Carrier”), to send an adjuster to inspect the
units damaged by the Leak and to make a determination regarding coverage under the Normandie’s
building insurance policy. An adjuster sent by the Master Carrier performed the inspection on or
about June 8, 2018.
31. On or about June 18, 2018 — approximately three weeks after the Leak and ten
days after the inspection — Metro advised Disbrow and other affected Unit Owners that: “The
building’s adjuster contacted me this morning. After a review of the Condo’s by-laws, his
determination is that the building responsible for replacement of the original floors and walls in
the units that sustained wetting damages, this excludes the finishing such as paint and wood floor
stain which would be the unit owners [sic] responsibility (not covered by the building policy but
through your individual HO insurance).”
32. Instead of promptly moving forward to begin repairing the Damage to the Unit, the
Board and Metro waited until on or about June 29, 2018 to schedule an independent estimator to
come to the Normandie to inspect the Unit and estimate the costs for repair. That inspection was
scheduled for July 2, 2018. No further updates were provided by the Board or Metro to Disbrow
or other affected unit owners after the July 2, 2018 inspection.
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33. On or about July 30, 2018, Disbrow contacted Metro and advised that it had been
more than 60 days since the Leak and a month since subsequent meetings with the Normandie’s
estimator and no further information had been provided. Disbrow advised that she intended to file
a complaint against the Master Carrier with the New York Department of Financial Services and
the New York City Department of Health and Mental Hygiene. The complaint was filed on August
1, 2018.
34. Disbrow and other affected unit owners continued to ask Metro for updates on
anticipated timing for the repair work.
35. On August 7, 2018, Metro advised Disbrow and the other affected unit owners that
the Master Carrier had approved the claim, but that the Condominium had not yet received the
insurance funds. Metro indicated that despite the Condominium not having received the funds, a
work schedule would be prepared. Ultimately, Metro advised Disbrow and the other affected unit
owners that the electrical panel repair work would be scheduled for the week of August 16, 2018.
No timeline was provided for the remaining extensive work required.
36. The severity of the Damage to the Unit and the significant scope of repairs required
to restore the Unit made the Unit unlivable, requiring Disbrow to move out of the Unit on or about
August 8, 2018.
37. Approximately one week later, on or about August 15, 2018, Disbrow emailed the
President of the Board, Andrew Bernstein (“Bernstein”), raising several concerns. In particular,
Disbrow noted: (a) the insurance adjustor handling the claim filed by Disbrow under her own
homeowners’ insurance policy had been requesting that Metro provide him with claim information
from the Master Carrier since June 2018 and none had been provided despite the passage of over
two months, delaying the processing of Disbrow’s claim; (b) Disbrow had not yet been provided
with any information regarding the scope and cost of repairs, and what amount specifically would
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be allocated by the Master Carrier to cover the repairs in the Unit; (c) a general lack of transparency
from the Board and Metro regarding the entire process of communicating with the Master Carrier,
obtaining information regarding what work would and would not be covered, and the timely
scheduling of the repair work; and (d) the Board refused to allow Disbrow to use her own insurance
company’s recommended contractor to perform the repair work in the Unit, even though that
contractor had submitted the lowest cost estimate for the repairs.
38. In response to Disbrow’s email voicing her concerns, Mr. Berstein responded later
that evening that “we will…get you more transparency info on the items [mentioned]” and further
stated “while I understand your concerns and feel badly that your apartment has been torn up and
you’ve had to move out, I think some of the questions you raise should be addressed separately
since they may apply only to you.”
39. Subsequent to the August 2018 email correspondence, the Board and Metro
continued to be unresponsive to Disbrow, who continued to attempt to obtain information from
the Master Carrier and the Board regarding when the repairs to the Unit could begin and what
coverage and/or reimbursement the Master Carrier would provide.
40. Bernstein in particular was dismissive and disparaging of Disbrow when Disbrow
raised her concerns about the lack of transparency about the process of scheduling repairs and
communications between the Board, Metro and the Master Carrier. It was not until approximately
October 2018, when Disbrow transmitted a damage report issued by her insurance carrier
specifying the severity of the Damage to the Unit, that Bernstein began to take Disbrow’s claim
more seriously.
41. In or about November 2018 — approximately six months following the Leak —
Disbrow received some compensation from the Master Carrier. The compensation was in the
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approximate amount of $17,000, representing a small fraction of the Damage sustained in the Unit
and to the Personal Property, which exceeds $100,000.
42. Disbrow expected that upon receiving compensation from the Master Carrier, that
construction work to repair the Damage sustained in the Unit would commence shortly thereafter.
It did not.
43. Instead, further delays ensued. These delays were caused in part by the Board, who
fired Metro as the Management Agent in or about January 2019 without any contingency and/or
transition planning with respect to the supervision of the repair work necessitated by the Leak and
the communications between the Condominium, the Master Carrier, and the contractors who were
to perform the repair work.
44. More specifically, the Board had agreed that Normandie would cover the costs of
the water mitigation for Disbrow’s Unit. However, Metro had ignored and failed to timely respond
to requests for payment from the contractor who performed the water mitigation. After Metro was
fired and replaced with MD Squared Property Group, LLC (“MD Squared”), MD Squared
remained unaware of the outstanding payments owed to the contractor due to the failure to
implement an orderly transition. The contractor refused to commence repair work until the
outstanding amounts owed were paid in full, which did not occur until in or about February 2019.
45. The construction to repair the Unit finally commenced in or about March 2019.
Disbrow was unable to return to the Unit until in or about September 2019. The construction
required to repair the Damage sustained in the Unit was not fully completed until approximately
February 2020.
46. In or about October 2019, the Master Carrier paid further compensation for the
Damage to Disbrow in the amount of $9,000, bringing the total compensation received by Disbrow
to approximately $26,000, an amount still well short of the over $100,000 of Damage sustained
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by Disbrow. Disbrow was not included in any discussions with the Master Carrier or the Board
concerning the amount of additional compensation that was paid.
47. From August 2018 through September 2019 — a thirteen-month period — Disbrow
was forced to abandon her home. This caused Disbrow to bear extensive out-of-pocket costs as
well as suffer consequential and incidental damages. Such costs and damages include, without
limitation and by way of example only: (a) repair construction costs Disbrow paid personally while
waiting for insurance reimbursement; (b) temporary housing costs; (c) storage costs; (d) costs
related to procuring an additional homeowners’ insurance policy after coverage under her original
homeowners’ insurance policy was exhausted; (e) interest paid on a high interest rate personal loan
Disbrow was forced to obtain to cover her living expenses while continuing to make mortgage
payments, property tax payments and common charge payments for a home she was not living in;
(f) interest incurred on student loans that Disbrow was required to seek forbearance on due to her
inability to continue loan payments in addition to her increased living costs; (f) costs incurred to
repair or replace damaged Personal Property; and (g) damage to Disbrow’s career caused by the
distraction of missing work several times a week for months in order to manage the extensive
repairs occurring in the Unit.
48. To date, Disbrow had received compensatory payments from the Master Carrier
and her own insurance policy but such payments have failed to compensate Disbrow in full for the
Damage and related expenses and consequential damages, leaving a balance of the total damages
suffered by Disbrow unrecovered (the “Deficiency”).
49. To date, the Deficiency exceeds $150,000.
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The Unit Suffers Additional Damage From a Second Leak
50. In or about November 2019 — only two months after returning to the Unit she had
not lived in for over a year — Disbrow once again received a notification from the Normandie that
a leak (the “Second Leak”) had occurred in her Unit.
51. Disbrow received this devastating news on the Friday after Thanksgiving, when
Disbrow was out of town on the first vacation she had been able to afford in the 2 years since the
previous Leak from May 2018 had upended her entire life. Disbrow had to cut her vacation short
and travel back to New York City.
52. Upon returning to the Normandie, Disbrow learned that the Second Leak was
caused by a waste pipe that had backed up after having not been regularly maintained.
53. The waste pipe is a Common Element and/or Residential Limited Common
Element that services all of the “B” line apartment units in the Condominium.
54. Due to the design of the Normandie and the Unit, the sole access for the waste pipe
is in a utility room in Disbrow’s Unit, directly below the Unit’s HVAC equipment. When the
waste pipe is not regularly maintained, it backs up and floods the second-floor apartment units.
55. Disbrow learned that a similar leak had previously occurred before Disbrow
purchased the Unit. Disbrow had not been advised by the seller of her Unit — Bernstein, the
President of the Board — of this condition prior to her purchasing the Unit.
56. Upon inspection of the Unit, it appeared that the Second Leak from the waste pipe
had started on or about Tuesday or Wednesday before the Thanksgiving holiday, while Disbrow
was out of town, and continued through Friday afternoon.
57. Over the weekend following the occurrence of the Second Leak, Disbrow once
again was forced to live in the midst of water mitigation efforts, with dryers and blowers placed in
the Unit’s kitchen from Saturday through Tuesday.
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58. As a result of the Second Leak, Disbrow’s Unit suffered further damage for which
Disbrow had not been compensated.
FIRST CAUSE OF ACTION
(Breach of Contract Against Normandie)
59. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 58
of the Complaint as though fully set forth herein.
60. At all times relevant hereto, Plaintiff performed a
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FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------------------------------X CAROLYN DISBROW, Index No. PlaintifF, Date Purchased; -against- Plaintiff designates New York THE NORMANDIE CONDOMINIUM, THE County as the place of trial BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM, METRO MANAGEMENT & SUMMONS DEVELOPMENT, INC., GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiffs’ attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York). In case of failure to appear or answer, judgment will be taken against you by default for the reason demanded in the complaint. Dated: New York, New York March 10, 2020 HERRICK, FEINSTEIN LLP tlliam R. Fried lice 1. Goldberg laame Esi Austin Attorneys for Plaintiff Carolyn Disbrow 2 Park Avenue New York, New York 10016 212.592.1400 1 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 TO: THE NORMANDIE CONDOMINIUM Attn: President of the Board of Managers of The Normandie Condominium 100 West 119th Street New York, New York 10026 THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM Attn: President of the Board of Managers of The Normandie Condominium 100 West 119th Street New York, New York 10026 METRO MANAGEMENT & DEVELOPMENT, INC. Attn: David Baron, Chief Executive Officer 42-25 21st Street Long Island City, New York 11101 GLOBAL SOLUTIONS APPLIANCE REPAIR INC. Attn: Elad Nevizada 102-02 Queens Boulevard, Apt. 6-C Forest Hills, New York 11375 GLOBAL SOLUTIONS APPLIANCE REPAIR INC. Attn: Elad Nevizada 124-18 Queens Boulevard Jamaica, New York 11415 GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC Attn: Asher Touriel 109-05 72nd Avenue Forest Hills, New York 11375 HADAS A. JACOBI 6 Ross Road Scarsdale, New York 10583 BRIAN STRONG 100 West 119th Street, Apt. 6B New York, New York 10026 KERI STRONG 100 West 119th Street, Apt. 6B New York, New York 10026 2 HF 13196134v.1 2 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------- x CAROLYN DISBROW, : Plaintiff, : Index No. : -against- : : VERIFIED COMPLAINT THE NORMANDIE CONDOMINIUM, THE : BOARD OF MANAGERS OF THE NORMANDIE : CONDOMINIUM, METRO MANAGEMENT & : DEVELOPMENT, INC., GLOBAL SOLUTIONS : APPLIANCE REPAIR INC., GLOBAL : SOLUTIONS APPLIANCE REPAIR NYC LLC, : : HADAS A. JACOBI, BRIAN STRONG, AND : KERI STRONG : Defendants. : ---------------------------------------------------------------- x Carolyn Disbrow (“Disbrow”), by and through her undersigned attorneys, Herrick, Feinstein LLP, as and for her Verified Complaint against The Normandie Condominium (“Normandie” or the “Condominium”), Normandie’s Board of Managers (the “Board”), Metro Management & Development, Inc. (“Metro”), Global Solutions Appliance Repair Inc., (“GS”), Global Solutions Appliance Repair NYC LLC (“GS NYC,” and together with GS, the “GS Entities”), Hadas A. Jacobi (“Jacobi”) and Brian and Keri Strong (the “Strongs”) (all of the foregoing collectively referred to as “Defendants”) alleges as follows: NATURE OF THE ACTION 1. This case arises out of the Defendants’ various acts and omissions in violation of their contractual, tort and fiduciary duties to repair and restore Disbrow’s apartment unit in the Condominium after the unit suffered substantial damage caused by multiple water leaks, one emanating from another apartment unit in the Condominium and a second leak emanating from a waste pipe under the control of the Condominium into Disbrow’s unit. 2. As a result of Defendants’ wrongful conduct, Disbrow was forced to abandon her home for approximately thirteen months, all the while being simultaneously required to expend 3 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 substantial sums out of her own pocket for repair construction costs, temporary housing costs, storage costs, and other personal expenses. During that same time period, Disbrow continued to bear the cost of mortgage payments, property tax payments, and common charge payments, even as she was being deprived of the use and enjoyment of her home. 3. To date, Disbrow has been compensated by insurance for only a small fraction of the extensive damages she has suffered. As more particularly described herein, it is Defendants’ various wrongful acts and omissions that directly and proximately caused Disbrow’s damages. Judicial intervention is now warranted. PARTIES 4. At all times relevant hereto, Plaintiff Carolyn Disbrow was and still is the record owner of 100 W. 119th Street, Unit 2B, New York, New York in the Normandie Condominium (the “Unit”). 5. At all times relevant hereto, Defendant The Normandie Condominium was and is an unincorporated association having an address at 100 West 119th Street, New York, New York organized as a condominium under the laws of the State of New York, pursuant to a Declaration of Condominium (“Declaration”) and By-Laws of the Normandie Condominium (“By-Laws”) dated November 16, 2004 and recorded on November 2, 2005 in the Office of the City Register of the City of New York, as subsequently amended (the Declaration and By-Laws collectively referred to as the “Governing Documents”). 6. At all times relevant hereto, Defendant The Board of Managers of the Normandie Condominium is the entity and/or group responsible for the actions and/or inactions of Normandie as set forth in the Governing Documents. 7. Upon information and belief, at all times relevant hereto, Defendant Metro Management & Development, Inc. was and is a business corporation organized under the laws of 2 4 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 the State of New York, having an address at 42-25 21st Street, Long Island City, New York. Upon further information and belief, at all times relevant hereto, Metro was the authorized Management Agent employed by the Board pursuant to Article III, Section 6 of the By-Laws, to “perform such duties and services as the Board shall authorize, including, but not limited to all of the duties of the Board listed in this Article [III] which may be delegated under law.” 8. Upon information and belief, at all times relevant hereto, Defendant Global Solutions Appliance Repair Inc. was and is a business corporation organized under the laws of the State of New York, having an address at 124-18 Queens Boulevard, Kew Gardens, New York. 9. Upon information and belief, at all times relevant hereto, Defendant Global Solutions Appliance Repair NYC LLC was and is a limited liability company organized under the laws of the State of New York, having an address at 124-18 Queens Boulevard, Kew Gardens, New York. 10. Upon information and belief, at all times relevant hereto, Defendant Hadas A. Jacobi was and is an individual residing in the State of New York. Upon further information and belief, during the time period September 1, 2016 through April 10, 2018, Jacobi was the record owner of 100 W. 119th Street, Unit 6B, New York, New York. 11. Upon information and belief, at all times relevant hereto, Defendants Brian Strong and Keri Strong were and are married individuals residing in the State of New York. Upon further information and belief, during the time period April 10, 2018 through the present, the Strongs were and are the record owners of 100 W. 119th Street, Unit 6B, New York, New York (the “Strong Unit”). 3 5 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 JURISDICTION AND VENUE 12. This Court has jurisdiction and venue over this action pursuant to CPLR 301 because Plaintiff resides in the State of New York and, on information and belief, Defendants reside in or have their principal place of business in the State of New York. 13. Venue is proper in this Court pursuant to CPLR 503(a) because Plaintiff resides in the County of New York and a substantial part of the events or omissions giving rise to the claim occurred in the County of New York. FACTUAL ALLEGATIONS Governance of the Normandie 14. The Governing Documents set forth the duties and obligations of the Board and the Unit Owners. The Board is charged by the Governing Documents with the duty to attend to the operation, care, upkeep, maintenance, repair, restoration, addition to, improvement, alteration and replacement of the Normandie’s General Common Elements and Residential Limited Common Elements, and to further make repairs and/or restore any Units or common elements after damage or destruction by fire or other casualty. 15. The Board retained Metro to act as the Normandie’s Managing Agent and to attend to the day to day operations of the Normandie, and to keep the Units and common elements in good repair. 16. Pursuant to Article III, Section 5(a) of the By-Laws: The property and business of the Condominium shall be managed by its [Board], which may exercise all such powers of the Condominium and do all such lawful acts and things as are not required to be exercised and or done by the Unit Owner personally. These powers shall specifically include, but not be limited to, the following items: * * * 4 6 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 3. To make repairs, restore or alter any Units or the common elements after damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings within the limitations of these By-Laws. 17. Pursuant to Article VI, Section 7 of the By-Laws: (a) All maintenance of and repairs to any Unit All maintenance, repairs and replacements (individually and collectively “Repairs”) to the General Common Elements (as defined in the Declaration) . . . shall be made by the [Board] and be charged to all the Unit Owners as a Common Expense, except if the Repairs are necessitated by the negligence, misuse or neglect [of] a Unit Owner, in which case the expense shall be charged to such Unit Owner. Repairs in or to the Residential Limited Common Elements (as defined in the Declaration) will be performed by, and at the expense of, the following persons under the following circumstances: (i) the [Board] as a Common Expense, if such Residential Limited Common Element may be used by all Unit Owners, (ii) the [Board] at the expense of the Unit Owner, if it is a Restricted Residential Limited Common Element and the Repair involves structural or extraordinary maintenance, repairs or replacements (including, but not limited to, the replacement of exterior windows or the repair of leaks) . . . . 18. Article Fifth, Section (b)(i) of the Declaration defines the General Common Elements to include, in relevant part: (2) All foundations, columns, beams, supports, bearing walls, those portions of the exterior walls and insulation beyond the unexposed face of the dry wall at the exterior face of the Building or, where applicable, those portions of the exterior walls beyond the interior face of the exterior wall; those portions of the walls and partitions dividing the Units from corridors, lobby and stairs located beyond the unexposed face of the dry walls enclosing the Unit; the subfloor and framing joists, including any framing attached to such joists from which the dry wall ceiling of the Unit below is attached; corridors, halls, stairs and stairway areas located beyond the unexposed face of the drywalls enclosing a Unit . . . . (3) All central and appurtenant installations for services such as power, light, intercom, telephone, television, gas, hot and cold water, heat (including all pipes, ducts, wires, shoots, cables and conduits used in connection therewith) and all other mechanical equipment spaces, except that . . . any such installations exclusively serving the Residential Units or the Residential Unit Owners shall be Residential Limited Common Elements; 5 7 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 (11) All other facilities of the Building, including (but not limited to) vaults, shafts, pipes, wires, ducts, vents, cables, conduits, lines, and roof over public stairways, which serve or benefit or are necessary or convenient for the existence, maintenance, operation or safety of both the Commercial Units and the Residential Units. 19. Article Fifth, Section (c)(i) of the Declaration defines the Residential Limited Common Elements to include, in relevant part: (8) Corridor supply risers and ducks, kitchen and toilet exhaust risers and ducts, kitchen and toilet water vents, gas risers, electric risers and shafts serving Residential Units; (9) Gas piping serving Residential Limited Common Elements and Residential Units; (11) All doors abutting on common areas other than entrance or exit doors to or form Commercial Units, including, but not limited to, doors opening from Residential Units to corridors, and the entrance and exit doors to and from the Building. . . . The front entrance doors to Residential Units shall be deemed Residential Limited Common Elements, but a Unit Owner will nevertheless be responsible for repairing and maintaining the interior surface of the front entrance door to the unit, and any locks, bells or peepholes within the front entrance door. (16) All other facilities of the Property (including, but not limited to, shafts, pipes, wires, ducts, vents, cables, conduits and lines) which serve or benefit or are necessary or convenient for the existence, maintenance, operation or safety of the Residential Units. 20. Pursuant to Article VI, Section 7(f) of the By-Laws: Notwithstanding the other provisions of this Section 7, if any painting, decorating, maintenance, repairs or replacements to the Property or any part hereof is necessitated by the negligence, misuse or Neglect of any Unit Owner, the entire cost thereof shall be borne by such Unit Owner. Each Unit Owner shall be responsible for all damage to any and all other Units or to the Common Elements by reason of his negligence, misuse or neglect. 21. Pursuant to Article VII, Section 3 of the By-Laws: In the event of damage to or destruction of the Building as a result of fire or other casualty . . . the [Board] shall arrange for the prompt repair and restoration of the Building (including any heating, air conditioning or other service machinery which is covered by insurance, but not including any, wall, ceiling or door decorations or coverings or other furniture, furnishings, fixtures or equipment installed by Unit Owners in the Units), and the 6 8 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 [Board] . .. shall disburse the proceeds of all insurance policies to the contractors engaged in such repair and restoration in appropriate progress payments. Any cost of such repair and restoration in excess of the insurance proceeds shall constitute a common expense and the Board of Managers may assess the Unit Owners for such deficit as part of the Common Charges. Disbrow Purchases the Unit and the Unit Sustains Significant Damage 22. Disbrow purchased the Unit in or about the fall of 2017. 23. Approximately eight months after purchasing the Unit, on or about May 25, 2018, the Unit and Disbrow’s personal property located in the Unit (“Personal Property”) sustained significant water-related damage (the “Damage”). 24. The water infiltration that caused the Damage originated from the Strong Unit, after water originating from a water line in the kitchen of the Strong Unit leaked through the walls and floors of the Normandie (the “Leak”) and infiltrated the Unit’s ceiling, walls, floor, light fixtures and electrical wiring. 25. Specifically, upon information and belief, as part of the sale of the Strong Unit from Jacobi to the Strongs, Jacobi agreed to repair certain appliances in the Strong Unit, including the refrigerator. 26. Upon information and belief, while performing the refrigerator repair in the Strong Unit, the GS Entities, acting recklessly, carelessly, negligently and/or grossly negligently, failed to properly shut off a water line causing the Leak that caused the Damage. 27. The Damage to the Unit was so significant that on the day following the Leak, a water mitigation team sent by Disbrow’s insurance carrier had to remove the water-damaged ceilings, floors and walls in Unit. The Board and Metro Fail to Timely Act to Repair the Damage 28. Late in the evening on May 25, 2018 — the day that the Leak occurred — Kristina Iori, an employee of Metro, advised Disbrow and all other unit owners affected by the Leak that 7 9 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 with the exception of repairs to the electrical panels damaged by the Leak, the remaining Damage was “not a building insurance claim. The responsible party is the owner of 6B, not Normandie Condominium.” 29. However, after Disbrow and other affected unit owners filed claims with their own insurance carriers, they were advised that the Normandie’s building insurance should be liable for repairs to original walls and floors of the Units. 30. Accordingly, Disbrow and the other affected unit owners repeatedly requested that Metro arrange for the Normandie’s insurance carrier, Fireman’s Insurance Company of Washington DC/Berkley Luxury Group (the “Master Carrier”), to send an adjuster to inspect the units damaged by the Leak and to make a determination regarding coverage under the Normandie’s building insurance policy. An adjuster sent by the Master Carrier performed the inspection on or about June 8, 2018. 31. On or about June 18, 2018 — approximately three weeks after the Leak and ten days after the inspection — Metro advised Disbrow and other affected Unit Owners that: “The building’s adjuster contacted me this morning. After a review of the Condo’s by-laws, his determination is that the building responsible for replacement of the original floors and walls in the units that sustained wetting damages, this excludes the finishing such as paint and wood floor stain which would be the unit owners [sic] responsibility (not covered by the building policy but through your individual HO insurance).” 32. Instead of promptly moving forward to begin repairing the Damage to the Unit, the Board and Metro waited until on or about June 29, 2018 to schedule an independent estimator to come to the Normandie to inspect the Unit and estimate the costs for repair. That inspection was scheduled for July 2, 2018. No further updates were provided by the Board or Metro to Disbrow or other affected unit owners after the July 2, 2018 inspection. 8 10 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 33. On or about July 30, 2018, Disbrow contacted Metro and advised that it had been more than 60 days since the Leak and a month since subsequent meetings with the Normandie’s estimator and no further information had been provided. Disbrow advised that she intended to file a complaint against the Master Carrier with the New York Department of Financial Services and the New York City Department of Health and Mental Hygiene. The complaint was filed on August 1, 2018. 34. Disbrow and other affected unit owners continued to ask Metro for updates on anticipated timing for the repair work. 35. On August 7, 2018, Metro advised Disbrow and the other affected unit owners that the Master Carrier had approved the claim, but that the Condominium had not yet received the insurance funds. Metro indicated that despite the Condominium not having received the funds, a work schedule would be prepared. Ultimately, Metro advised Disbrow and the other affected unit owners that the electrical panel repair work would be scheduled for the week of August 16, 2018. No timeline was provided for the remaining extensive work required. 36. The severity of the Damage to the Unit and the significant scope of repairs required to restore the Unit made the Unit unlivable, requiring Disbrow to move out of the Unit on or about August 8, 2018. 37. Approximately one week later, on or about August 15, 2018, Disbrow emailed the President of the Board, Andrew Bernstein (“Bernstein”), raising several concerns. In particular, Disbrow noted: (a) the insurance adjustor handling the claim filed by Disbrow under her own homeowners’ insurance policy had been requesting that Metro provide him with claim information from the Master Carrier since June 2018 and none had been provided despite the passage of over two months, delaying the processing of Disbrow’s claim; (b) Disbrow had not yet been provided with any information regarding the scope and cost of repairs, and what amount specifically would 9 11 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 be allocated by the Master Carrier to cover the repairs in the Unit; (c) a general lack of transparency from the Board and Metro regarding the entire process of communicating with the Master Carrier, obtaining information regarding what work would and would not be covered, and the timely scheduling of the repair work; and (d) the Board refused to allow Disbrow to use her own insurance company’s recommended contractor to perform the repair work in the Unit, even though that contractor had submitted the lowest cost estimate for the repairs. 38. In response to Disbrow’s email voicing her concerns, Mr. Berstein responded later that evening that “we will…get you more transparency info on the items [mentioned]” and further stated “while I understand your concerns and feel badly that your apartment has been torn up and you’ve had to move out, I think some of the questions you raise should be addressed separately since they may apply only to you.” 39. Subsequent to the August 2018 email correspondence, the Board and Metro continued to be unresponsive to Disbrow, who continued to attempt to obtain information from the Master Carrier and the Board regarding when the repairs to the Unit could begin and what coverage and/or reimbursement the Master Carrier would provide. 40. Bernstein in particular was dismissive and disparaging of Disbrow when Disbrow raised her concerns about the lack of transparency about the process of scheduling repairs and communications between the Board, Metro and the Master Carrier. It was not until approximately October 2018, when Disbrow transmitted a damage report issued by her insurance carrier specifying the severity of the Damage to the Unit, that Bernstein began to take Disbrow’s claim more seriously. 41. In or about November 2018 — approximately six months following the Leak — Disbrow received some compensation from the Master Carrier. The compensation was in the 10 12 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 approximate amount of $17,000, representing a small fraction of the Damage sustained in the Unit and to the Personal Property, which exceeds $100,000. 42. Disbrow expected that upon receiving compensation from the Master Carrier, that construction work to repair the Damage sustained in the Unit would commence shortly thereafter. It did not. 43. Instead, further delays ensued. These delays were caused in part by the Board, who fired Metro as the Management Agent in or about January 2019 without any contingency and/or transition planning with respect to the supervision of the repair work necessitated by the Leak and the communications between the Condominium, the Master Carrier, and the contractors who were to perform the repair work. 44. More specifically, the Board had agreed that Normandie would cover the costs of the water mitigation for Disbrow’s Unit. However, Metro had ignored and failed to timely respond to requests for payment from the contractor who performed the water mitigation. After Metro was fired and replaced with MD Squared Property Group, LLC (“MD Squared”), MD Squared remained unaware of the outstanding payments owed to the contractor due to the failure to implement an orderly transition. The contractor refused to commence repair work until the outstanding amounts owed were paid in full, which did not occur until in or about February 2019. 45. The construction to repair the Unit finally commenced in or about March 2019. Disbrow was unable to return to the Unit until in or about September 2019. The construction required to repair the Damage sustained in the Unit was not fully completed until approximately February 2020. 46. In or about October 2019, the Master Carrier paid further compensation for the Damage to Disbrow in the amount of $9,000, bringing the total compensation received by Disbrow to approximately $26,000, an amount still well short of the over $100,000 of Damage sustained 11 13 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 by Disbrow. Disbrow was not included in any discussions with the Master Carrier or the Board concerning the amount of additional compensation that was paid. 47. From August 2018 through September 2019 — a thirteen-month period — Disbrow was forced to abandon her home. This caused Disbrow to bear extensive out-of-pocket costs as well as suffer consequential and incidental damages. Such costs and damages include, without limitation and by way of example only: (a) repair construction costs Disbrow paid personally while waiting for insurance reimbursement; (b) temporary housing costs; (c) storage costs; (d) costs related to procuring an additional homeowners’ insurance policy after coverage under her original homeowners’ insurance policy was exhausted; (e) interest paid on a high interest rate personal loan Disbrow was forced to obtain to cover her living expenses while continuing to make mortgage payments, property tax payments and common charge payments for a home she was not living in; (f) interest incurred on student loans that Disbrow was required to seek forbearance on due to her inability to continue loan payments in addition to her increased living costs; (f) costs incurred to repair or replace damaged Personal Property; and (g) damage to Disbrow’s career caused by the distraction of missing work several times a week for months in order to manage the extensive repairs occurring in the Unit. 48. To date, Disbrow had received compensatory payments from the Master Carrier and her own insurance policy but such payments have failed to compensate Disbrow in full for the Damage and related expenses and consequential damages, leaving a balance of the total damages suffered by Disbrow unrecovered (the “Deficiency”). 49. To date, the Deficiency exceeds $150,000. 12 14 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 The Unit Suffers Additional Damage From a Second Leak 50. In or about November 2019 — only two months after returning to the Unit she had not lived in for over a year — Disbrow once again received a notification from the Normandie that a leak (the “Second Leak”) had occurred in her Unit. 51. Disbrow received this devastating news on the Friday after Thanksgiving, when Disbrow was out of town on the first vacation she had been able to afford in the 2 years since the previous Leak from May 2018 had upended her entire life. Disbrow had to cut her vacation short and travel back to New York City. 52. Upon returning to the Normandie, Disbrow learned that the Second Leak was caused by a waste pipe that had backed up after having not been regularly maintained. 53. The waste pipe is a Common Element and/or Residential Limited Common Element that services all of the “B” line apartment units in the Condominium. 54. Due to the design of the Normandie and the Unit, the sole access for the waste pipe is in a utility room in Disbrow’s Unit, directly below the Unit’s HVAC equipment. When the waste pipe is not regularly maintained, it backs up and floods the second-floor apartment units. 55. Disbrow learned that a similar leak had previously occurred before Disbrow purchased the Unit. Disbrow had not been advised by the seller of her Unit — Bernstein, the President of the Board — of this condition prior to her purchasing the Unit. 56. Upon inspection of the Unit, it appeared that the Second Leak from the waste pipe had started on or about Tuesday or Wednesday before the Thanksgiving holiday, while Disbrow was out of town, and continued through Friday afternoon. 57. Over the weekend following the occurrence of the Second Leak, Disbrow once again was forced to live in the midst of water mitigation efforts, with dryers and blowers placed in the Unit’s kitchen from Saturday through Tuesday. 13 15 of 25 FILED: NEW YORK COUNTY CLERK 03/10/2020 05:38 PM INDEX NO. 651602/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2020 58. As a result of the Second Leak, Disbrow’s Unit suffered further damage for which Disbrow had not been compensated. FIRST CAUSE OF ACTION (Breach of Contract Against Normandie) 59. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 58 of the Complaint as though fully set forth herein. 60. At all times relevant hereto, Plaintiff performed a