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FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
THE BOARD OF MANAGERS OF
THE CHARLESTON CONDOMINIUM, Index No.: /2020
Plaintiff, Date Purchased:
-against- SUMMONS
VINAY SWALI and ALKA SWALI,
Defendants.
X
To the above-named Defendants:
You are hereby surrersd to answer the Verified Complaint in this action and to serve
a copy of your answer on the Plaintiff's 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); and in the case
of your failure to answer, judgment will be taken against you by default for the relief demanded
in the Verified Complaint.
Dated: New York, New York
February 25, 2020
BRAVERMAN GREENSPUN, P.C.
Attorneys for th Plaintiff
By.
Tr y P t rson,
42" 17th
11 Ea Street, FlOOr
New Y , New York 10017
(212) 682-2900
tpeterson@braverlaw.net
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TO: Vinay Swali
34d1
225 East Street, #9F
New York, New York 10016
Vinay Swali
9 Banyan Court
Edison, New Jersey 08820
Alka Swali
9 Banyan Court
Edison, New Jersey 08820
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
THE BOARD OF MANAGERS OF
THE CHARLESTON CONDOMINIUM, Index No.: /2020
Plaintiff, Date Purchased:
-against- VERIFIED COMPLAINT
VINAY SWALI and ALKA SWALI,
Defendants.
X
The Board of Managers of The Charleston Condominium, on behalf of all residential unit
owners, by the undersigned counsel, for its Verified Complaint against Vinay Swali and Alka
Swali, alleges as follows:
owners'
1. This action is brought for the purpose of addressing the defendants/unit
breach of the subject condominium's governing documents by smoking marijuana and/or
allowing others to smoke marijuana in the subject apartment unit and allowing the smoke and
odor from same to infiltrate other areas of the condominium - other
building, causing among
things - a nuisance to other owners and occupants.
THE PARTIES
("Plaintiff"
2. Plaintiff, the Board of Managers of The Charleston Condominium or
the "Board") is the duly-constituted board of managers of The Charleston Condominium (the
"Condominium").
34th
3. The Condominium building (the "Building") is located at 225 East Street in
Manhattan and consists of 191 residential units and a single commercial unit.
4. The Condominium was established pursuant to Article 9-B of the Real Property
Law ("RPL") of the State of New York.
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5. More particularly, the Condominium was formed by filing a declaration of
"Declaration"
condominium and bylaws (the and "Bylaws"), which are dated August 16, 2007
and were recorded in the Office of the City Register of the City of New York (the "City
Register") as CRFN 2007000483538 on September 20, 2007.
6. Pursuant to New York Real Property Law Section 339-dd and the Bylaws,
Plaintiff is empowered to bring this action.
("Alka,"
7. Defendants, Vinay Swali ("Vinay") and Alka Swali and with Vinay,
"Defendants"), and are the record owners of Unit 9F in the Condominium (the "Unit").
8. Upon information and belief, Vinay lives in the Unit.
THE CONDOMINIUM'S GOVERNING DOCUMENTS
9. The Bylaws "set forth the rules and procedures concerning the conduct of the
Condominium]"
affairs of [the and all unit owners, including Defendants, are subject thereto, as
well as all "mortgagees, lessees, sublessees and occupants of Units and their respective
employees, invitees and guests, as well as all other persons who may use the facilities located on,
."
or forming a part of, the Property . .. Article 1, Section 1.2.
Units"
10. The Bylaws contain a section dedicated to "Use of Residential in which
the following is set forth:
Propertyl
(a) No nuisance shall be allowed in the nor shall any use
or practices be allowed in the Property which interferes with
the peaceful possession or proper use thereof by the Unit
Owners or the occupants of their respective Units. No
improper, offensive or unlawful use shall be made of the
thereof.2
Property or any portion All Legal Requirements
relating to any portion of the Property shall be complied with at
I The "Property"
isdefined as being "the Land and Building . . . , all
other impreveracñts erected and to be erected
thereon, alleasemcñts, rightsand appurtenances belóñging thereto and allother property, real ormixed, iñteñded for
."
use in connection therewith . .. Declaration Article1, Section 1.1.
2 InNew itisa crime topossess marijuana. he New York Penal Law 221.00-221.30.
York, §§
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the sole expense of whichever of the Unit Owners or the Board
shall have the obligation to maintain or repair such portion of
the Property.
Article 6, Section 6.12(a).
11. Annexed to the Bylaws are Rules and Regulations ("House Rules"), which,
pursuant to Article 6, Section 6.14 of the Bylaws, are made part of the Bylaws.
Elements"
12. These House Rules "concern the use of the Units and Common and the
"
Board is permitted "from time to time [to] modify, amend or add to [same]. . .. kl; see also
Article 2, Section 2.2.2(e).
13. House Rule No. 11 states, in part, as follows: "No Unit Owner shall make or
permit any disturbing or objectionable noises, odors, or activity in the Building, or do or permit
anything to be done therein, which will interfere with the rights, comforts or conveniences of
occupants."
other Unit Owners or their tenants or
14. House Rule No. 37 is explicit that the House Rules apply not only to unit owners,
Condominium"
but also to "all tenants, guests and other occupeats of the and that "Unit Owners
shall be responsible for enforcing compliance with, and liable for any violation of, the [House
Rules] by members of their families, guests, invitees, tenants, employees, agents, visitors and
Units."
any other occupants of their
15. In the event that a unit owner violates the House Rules, the Board is empowered
to levy fines for such infractions. See id. at Article 2, Section 2.2.2(1).
16. In addition, in the event that a unit owner breaches the Bylaws or the House
Rules, the Board has the express right to enjoin such breach, levy fines and to collect such fines
as if they were Common Charges. Specifically, Article 6, Section 6.18.1, entitled, "Remedies for
Owners,"
Violations of By-Laws or Rules and Regulations by Unit states, in relevant part:
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The violation of any of the Rules and Regulations or the breach of
any By-Law contained herein, or the breach of any provision of the
Declaration, shall give the Board the right, in addition to any other
rights set forth in these By-Laws or the Declaration . . . (ii) to
enjoin, abate or remedy by appropriate legal proceedings, either at
law or in equity, the continuance of any such violation or breach,
provided that the Board gives the Unit Owner notice (which may
be by telephone or telegram) that such violation exists . .. .and/or
(iii) to levy such fines and penalties as the Board may deem
and the Board shall have the same remedies for non-
appropriate,
payment of such fines and penalties as for non-payment of
Common Charges.
DEFENDANTS HAVE VIOLATED THE BY-LAWS AND HOUSE RULES
17. In direct contravention of the aforecited Bylaw provisions and House Rules,
Defendants have repeatedly allowed marijuana to be smoked in the Unit and on the Property, and
for the smoke and odors and from same to permeate into other areas of the Building.
18. letter dated September the Board - counsel - communicated with
By 16, 2019, by
Defendants further to multiple notices previously provided by the Condominium's managing
agent regarding offensive marijuana odors emanating from the Unit.
19. In that September 16, 2019 letter, the Board advised Defendants of the relevant
provisions of the Condominium's Bylaws and House Rules that were being violated and
demanded compliance with same.
20. In response, Vinay denied smoking marijuana in the Unit.
21. In a November 5, 2019 email to Condominium's managing agent, denying being
9th
the source of marijuana smoke odor on the flOOr, Vinay stated: "I have repeatedly told you
."
that I smoke on the roof not inside the apartment . ..
22. The Board continued to receive regular complaints of marijuana smoke and odor
coming from the Unit into common areas and other residential units, and Condominium
personnel confirmed smelling marijuana odors coming from the Unit.
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23. In addition, Vinay was observed smoking marijuana in front of the Building's
service entrance.
24. In a 2020 letter from the Board - counsel - to
January 27, by Defendants,
Defendants were again advised of their violations of the Bylaws and House Rules and advised
that legal action would commence if the matter was not resolved in the ensuing ten days.
indoors"
25. In response, Vinay denied "smoking anywhere and being the source of
982
marijuana smoke odors on the floor.
26. Vinay did not deny smok-ing marijuana in front of the Building's service entrance.
27. Defendants were fined in the amount of $2,000.00 during 2019 for the various
violations of the Bylaws and House Rules, which fines have not caused the offensive conduct to
cease.
28. Plaintiff has complied in all relevant respects with the Bylaws and House Rules.
29. The Condominium and itsunit owners - on whose behalf this action is brought -
Defendants'
have been damaged by violations of the Bylaws and House Rules.
AS AND FOR A FIRST CAUSE OF ACTION
Breach of Contract - Judgment
Declaratory
30. Plaintiff repeats and realleges each and every allegation set forth in paragraphs
"1" "29"
through of the Verified Complaint as if fully set forth herein.
31. There exists a bona fide controversy as to whether Defendants breached the
Bylaws and House Rules by smoking marijuana or permitting marijuana to be smoked in the
Unit and on the Property and allowing smoke and odors from same to emanate into other areas of
owners' occupants'
the Building, interfering with other unit and Building peaceful possession of
their respective units.
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32. Plaintiff has no adequate remedy at law and will be irreparably harmed absent the
requested declaratory relief.
33. A balance of the equities tips in Plaintiff's favor.
34. No prior request for the relief requested herein has heretofore been made in this or
any other Court.
35. By reason of the foregoing, Plaintiff is entitled to an order declaring that
Defendants breached the Bylaws and House Rules by smoking marijuana or permitting
marijuana to be smoked in the Unit and on the Property and allowing smoke and odors from
same to emanate into other areas of the Building, to the disturbance of other unit owners and
Building occupants.
AS AND FOR A SECOND CAUSE OF ACTION
Breach of Contract - Injunctive Relief
36. Plaintiff repeats and realleges each and every allegation set forth in paragraphs
"1" "35"
through of the Verified Complaint as if fully set forth herein.
37. Plaintiff has no adequate remedy at law and will be irreparably harmed absent the
requested injunctive relief.
38. A balance of the equities tips in Plaintiff's favor.
39. No prior request for the relief requested herein has heretofore been made in this or
any other Court.
40. By reason of the foregoing, Plaintiff is entitled to an order enjoining Defendants
from smoking marijuana or permitting marijuana to be smoked in the Unit or on the Property and
allowing smoke and odors from same to emanate into other areas of the Building, to the
disturbance of other unit owners and Building occupants.
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AS AND FOR A THIRD CAUSE OF ACTION
Nuisance - Injunctive Relief
41. Plaintiff repeats and realleges each and every allegation set forth in paragraphs
"1" "40"
through of the Verified Complaint as if fully set forth herein.
Defendants' -
42. conduct to wit, permitting unreasonable and offensive amounts of
marijuana smoke and odor to permeate the Unit and other portions of the Property into the
Condominium's common areas and other residential units is intentional and unreasonable.
Defendants'
43. conduct substantially interferes with the Condominium's unit
owners' occupants'
and ability to enjoy their units and the Condominium's common areas, and is
a nuisance.
44. Plaintiff has no adequate remedy at law.
45. Plaintiff will be irreparably harmed ifan injunction does not issue.
46. A balance of the equities tips in Plaintiff's favor.
47. Plaintiff is entitled to an order permanently enjoining the above-referenced
nuisance.
WHEREFORE, Plaintiff demands judgment as follows:
a. An order declaring that Defendants breached the Bylaws and House Rules by
smoking marijuana or permitting marijuana to be smoked in the Unit and on the
Propoerty and allowing smoke and odors from same to emanate into other areas of the
Building, to the disturbance of other unit owners and Building occupants;
b. An order enjoining Defendants from smoking marijuana or permitting marijuana to
be smoked in the Unit and on the Property and allowing smoke and odors from same
to emanate into other areas of the Building, to the disturbance of other unit owners
and Building occupants; and
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c. Such other, further and different relief as to the Court may seem just, proper and
equitable.
Dated: New York, New York
February 25, 2020
BRAVERMAN GREENSPUN, P.C.
Attorneys for Plaintiff
By:
Trac t son, Esq.
d th
1 ast 4 FlOOr
New York, New York 10017
(212) 682-2900
tpeterson@braverlaw.net
TO: Vinay Swali
34t11
225 East Street, #9F
New York, New York 10016
Vinay Swali
9 Banyan Court
Edison, New Jersey 08820
Alka Swali
9 Banyan Court
Edison, New Jersey 08820
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VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
SHARON LANGLAIS, being duly sworn, deposes and says: I am the property mañager
for The Charleston Condominium. I have reviewed the allegations contained in the foregoing
complaint and know the contents thereof to be true based upon by knowledge, except as to those
matters which are alleged upon information and belief and, to those matters, I believe them to be
true.
Sharon Langlais
Sworn to me this
day of February, 2020
No Public
YOLANDA QUEEN
Notary PublicState of New York-
No 010U6045021
Qualifiedin New York
Commission ExpiresAugust 18
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Preview
FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X THE BOARD OF MANAGERS OF THE CHARLESTON CONDOMINIUM, Index No.: /2020 Plaintiff, Date Purchased: -against- SUMMONS VINAY SWALI and ALKA SWALI, Defendants. X To the above-named Defendants: You are hereby surrersd to answer the Verified Complaint in this action and to serve a copy of your answer on the Plaintiff's 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); and in the case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Verified Complaint. Dated: New York, New York February 25, 2020 BRAVERMAN GREENSPUN, P.C. Attorneys for th Plaintiff By. Tr y P t rson, 42" 17th 11 Ea Street, FlOOr New Y , New York 10017 (212) 682-2900 tpeterson@braverlaw.net {00411128;1} 1 of 11 FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 TO: Vinay Swali 34d1 225 East Street, #9F New York, New York 10016 Vinay Swali 9 Banyan Court Edison, New Jersey 08820 Alka Swali 9 Banyan Court Edison, New Jersey 08820 {00411128;1} 2 of 11 FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X THE BOARD OF MANAGERS OF THE CHARLESTON CONDOMINIUM, Index No.: /2020 Plaintiff, Date Purchased: -against- VERIFIED COMPLAINT VINAY SWALI and ALKA SWALI, Defendants. X The Board of Managers of The Charleston Condominium, on behalf of all residential unit owners, by the undersigned counsel, for its Verified Complaint against Vinay Swali and Alka Swali, alleges as follows: owners' 1. This action is brought for the purpose of addressing the defendants/unit breach of the subject condominium's governing documents by smoking marijuana and/or allowing others to smoke marijuana in the subject apartment unit and allowing the smoke and odor from same to infiltrate other areas of the condominium - other building, causing among things - a nuisance to other owners and occupants. THE PARTIES ("Plaintiff" 2. Plaintiff, the Board of Managers of The Charleston Condominium or the "Board") is the duly-constituted board of managers of The Charleston Condominium (the "Condominium"). 34th 3. The Condominium building (the "Building") is located at 225 East Street in Manhattan and consists of 191 residential units and a single commercial unit. 4. The Condominium was established pursuant to Article 9-B of the Real Property Law ("RPL") of the State of New York. {00411128;1} 3 of 11 FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 5. More particularly, the Condominium was formed by filing a declaration of "Declaration" condominium and bylaws (the and "Bylaws"), which are dated August 16, 2007 and were recorded in the Office of the City Register of the City of New York (the "City Register") as CRFN 2007000483538 on September 20, 2007. 6. Pursuant to New York Real Property Law Section 339-dd and the Bylaws, Plaintiff is empowered to bring this action. ("Alka," 7. Defendants, Vinay Swali ("Vinay") and Alka Swali and with Vinay, "Defendants"), and are the record owners of Unit 9F in the Condominium (the "Unit"). 8. Upon information and belief, Vinay lives in the Unit. THE CONDOMINIUM'S GOVERNING DOCUMENTS 9. The Bylaws "set forth the rules and procedures concerning the conduct of the Condominium]" affairs of [the and all unit owners, including Defendants, are subject thereto, as well as all "mortgagees, lessees, sublessees and occupants of Units and their respective employees, invitees and guests, as well as all other persons who may use the facilities located on, ." or forming a part of, the Property . .. Article 1, Section 1.2. Units" 10. The Bylaws contain a section dedicated to "Use of Residential in which the following is set forth: Propertyl (a) No nuisance shall be allowed in the nor shall any use or practices be allowed in the Property which interferes with the peaceful possession or proper use thereof by the Unit Owners or the occupants of their respective Units. No improper, offensive or unlawful use shall be made of the thereof.2 Property or any portion All Legal Requirements relating to any portion of the Property shall be complied with at I The "Property" isdefined as being "the Land and Building . . . , all other impreveracñts erected and to be erected thereon, alleasemcñts, rightsand appurtenances belóñging thereto and allother property, real ormixed, iñteñded for ." use in connection therewith . .. Declaration Article1, Section 1.1. 2 InNew itisa crime topossess marijuana. he New York Penal Law 221.00-221.30. York, §§ {00411128;1} 4 of 11 FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 the sole expense of whichever of the Unit Owners or the Board shall have the obligation to maintain or repair such portion of the Property. Article 6, Section 6.12(a). 11. Annexed to the Bylaws are Rules and Regulations ("House Rules"), which, pursuant to Article 6, Section 6.14 of the Bylaws, are made part of the Bylaws. Elements" 12. These House Rules "concern the use of the Units and Common and the " Board is permitted "from time to time [to] modify, amend or add to [same]. . .. kl; see also Article 2, Section 2.2.2(e). 13. House Rule No. 11 states, in part, as follows: "No Unit Owner shall make or permit any disturbing or objectionable noises, odors, or activity in the Building, or do or permit anything to be done therein, which will interfere with the rights, comforts or conveniences of occupants." other Unit Owners or their tenants or 14. House Rule No. 37 is explicit that the House Rules apply not only to unit owners, Condominium" but also to "all tenants, guests and other occupeats of the and that "Unit Owners shall be responsible for enforcing compliance with, and liable for any violation of, the [House Rules] by members of their families, guests, invitees, tenants, employees, agents, visitors and Units." any other occupants of their 15. In the event that a unit owner violates the House Rules, the Board is empowered to levy fines for such infractions. See id. at Article 2, Section 2.2.2(1). 16. In addition, in the event that a unit owner breaches the Bylaws or the House Rules, the Board has the express right to enjoin such breach, levy fines and to collect such fines as if they were Common Charges. Specifically, Article 6, Section 6.18.1, entitled, "Remedies for Owners," Violations of By-Laws or Rules and Regulations by Unit states, in relevant part: {00411128;1} 5 of 11 FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 The violation of any of the Rules and Regulations or the breach of any By-Law contained herein, or the breach of any provision of the Declaration, shall give the Board the right, in addition to any other rights set forth in these By-Laws or the Declaration . . . (ii) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such violation or breach, provided that the Board gives the Unit Owner notice (which may be by telephone or telegram) that such violation exists . .. .and/or (iii) to levy such fines and penalties as the Board may deem and the Board shall have the same remedies for non- appropriate, payment of such fines and penalties as for non-payment of Common Charges. DEFENDANTS HAVE VIOLATED THE BY-LAWS AND HOUSE RULES 17. In direct contravention of the aforecited Bylaw provisions and House Rules, Defendants have repeatedly allowed marijuana to be smoked in the Unit and on the Property, and for the smoke and odors and from same to permeate into other areas of the Building. 18. letter dated September the Board - counsel - communicated with By 16, 2019, by Defendants further to multiple notices previously provided by the Condominium's managing agent regarding offensive marijuana odors emanating from the Unit. 19. In that September 16, 2019 letter, the Board advised Defendants of the relevant provisions of the Condominium's Bylaws and House Rules that were being violated and demanded compliance with same. 20. In response, Vinay denied smoking marijuana in the Unit. 21. In a November 5, 2019 email to Condominium's managing agent, denying being 9th the source of marijuana smoke odor on the flOOr, Vinay stated: "I have repeatedly told you ." that I smoke on the roof not inside the apartment . .. 22. The Board continued to receive regular complaints of marijuana smoke and odor coming from the Unit into common areas and other residential units, and Condominium personnel confirmed smelling marijuana odors coming from the Unit. {00411128;1} 6 of 11 FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 23. In addition, Vinay was observed smoking marijuana in front of the Building's service entrance. 24. In a 2020 letter from the Board - counsel - to January 27, by Defendants, Defendants were again advised of their violations of the Bylaws and House Rules and advised that legal action would commence if the matter was not resolved in the ensuing ten days. indoors" 25. In response, Vinay denied "smoking anywhere and being the source of 982 marijuana smoke odors on the floor. 26. Vinay did not deny smok-ing marijuana in front of the Building's service entrance. 27. Defendants were fined in the amount of $2,000.00 during 2019 for the various violations of the Bylaws and House Rules, which fines have not caused the offensive conduct to cease. 28. Plaintiff has complied in all relevant respects with the Bylaws and House Rules. 29. The Condominium and itsunit owners - on whose behalf this action is brought - Defendants' have been damaged by violations of the Bylaws and House Rules. AS AND FOR A FIRST CAUSE OF ACTION Breach of Contract - Judgment Declaratory 30. Plaintiff repeats and realleges each and every allegation set forth in paragraphs "1" "29" through of the Verified Complaint as if fully set forth herein. 31. There exists a bona fide controversy as to whether Defendants breached the Bylaws and House Rules by smoking marijuana or permitting marijuana to be smoked in the Unit and on the Property and allowing smoke and odors from same to emanate into other areas of owners' occupants' the Building, interfering with other unit and Building peaceful possession of their respective units. {00411128;1} 7 of 11 FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 32. Plaintiff has no adequate remedy at law and will be irreparably harmed absent the requested declaratory relief. 33. A balance of the equities tips in Plaintiff's favor. 34. No prior request for the relief requested herein has heretofore been made in this or any other Court. 35. By reason of the foregoing, Plaintiff is entitled to an order declaring that Defendants breached the Bylaws and House Rules by smoking marijuana or permitting marijuana to be smoked in the Unit and on the Property and allowing smoke and odors from same to emanate into other areas of the Building, to the disturbance of other unit owners and Building occupants. AS AND FOR A SECOND CAUSE OF ACTION Breach of Contract - Injunctive Relief 36. Plaintiff repeats and realleges each and every allegation set forth in paragraphs "1" "35" through of the Verified Complaint as if fully set forth herein. 37. Plaintiff has no adequate remedy at law and will be irreparably harmed absent the requested injunctive relief. 38. A balance of the equities tips in Plaintiff's favor. 39. No prior request for the relief requested herein has heretofore been made in this or any other Court. 40. By reason of the foregoing, Plaintiff is entitled to an order enjoining Defendants from smoking marijuana or permitting marijuana to be smoked in the Unit or on the Property and allowing smoke and odors from same to emanate into other areas of the Building, to the disturbance of other unit owners and Building occupants. {00411128;1} 8 of 11 FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 AS AND FOR A THIRD CAUSE OF ACTION Nuisance - Injunctive Relief 41. Plaintiff repeats and realleges each and every allegation set forth in paragraphs "1" "40" through of the Verified Complaint as if fully set forth herein. Defendants' - 42. conduct to wit, permitting unreasonable and offensive amounts of marijuana smoke and odor to permeate the Unit and other portions of the Property into the Condominium's common areas and other residential units is intentional and unreasonable. Defendants' 43. conduct substantially interferes with the Condominium's unit owners' occupants' and ability to enjoy their units and the Condominium's common areas, and is a nuisance. 44. Plaintiff has no adequate remedy at law. 45. Plaintiff will be irreparably harmed ifan injunction does not issue. 46. A balance of the equities tips in Plaintiff's favor. 47. Plaintiff is entitled to an order permanently enjoining the above-referenced nuisance. WHEREFORE, Plaintiff demands judgment as follows: a. An order declaring that Defendants breached the Bylaws and House Rules by smoking marijuana or permitting marijuana to be smoked in the Unit and on the Propoerty and allowing smoke and odors from same to emanate into other areas of the Building, to the disturbance of other unit owners and Building occupants; b. An order enjoining Defendants from smoking marijuana or permitting marijuana to be smoked in the Unit and on the Property and allowing smoke and odors from same to emanate into other areas of the Building, to the disturbance of other unit owners and Building occupants; and {00411128;1} 9 of 11 FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 c. Such other, further and different relief as to the Court may seem just, proper and equitable. Dated: New York, New York February 25, 2020 BRAVERMAN GREENSPUN, P.C. Attorneys for Plaintiff By: Trac t son, Esq. d th 1 ast 4 FlOOr New York, New York 10017 (212) 682-2900 tpeterson@braverlaw.net TO: Vinay Swali 34t11 225 East Street, #9F New York, New York 10016 Vinay Swali 9 Banyan Court Edison, New Jersey 08820 Alka Swali 9 Banyan Court Edison, New Jersey 08820 {00411128;1} 10 of 11 FILED: NEW YORK COUNTY CLERK 02/26/2020 09:44 AM INDEX NO. 152083/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/26/2020 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) SHARON LANGLAIS, being duly sworn, deposes and says: I am the property mañager for The Charleston Condominium. I have reviewed the allegations contained in the foregoing complaint and know the contents thereof to be true based upon by knowledge, except as to those matters which are alleged upon information and belief and, to those matters, I believe them to be true. Sharon Langlais Sworn to me this day of February, 2020 No Public YOLANDA QUEEN Notary PublicState of New York- No 010U6045021 Qualifiedin New York Commission ExpiresAugust 18 {00411128;1} 11 of 11