On July 17, 2019 a
Motion-Secondary
was filed
involving a dispute between
30 Beekman Place Corp.,
and
Lions Gate New York Llc,
for Real Property - Other (Nuisance - Trespassing)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 09/23/2019 01:33 PM INDEX NO. 157014/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/23/2019
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK Index No.: 157014/2019
_________________________________-------------------- X
30 BEEKMAN PLACE CORP.,
Plaintiff AFFIDAVIT IN SUPPORT
- against - OF MOTION FOR
DEFAULT JUDGMENT
LIONS GATE NEW YORK LLC,
Defendant.
---------------------------------------X
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
SAIRA TOPPIN, being duly sworn, deposes and says:
l. I am an employee of Douglas Elliman Property Management and the assigned
property manager to plaintiff30 BEEKMAN PLACE CORP. ("Plaintiff") in the above-captioned
action. As such, I am familiar with the facts and circumstances of the instant proceeding as they
pertain to the subject motion for default judgment.
2. I respectfully submit this Affidavit in Support of Plaintiff's instant motion
requesting: (1) a default judgment against Defendants declaring Defendant is prohibited from
causing a nuisance and trespassing onto Plaintiff's property by causing substantial rainwater to
accumulate in the courtyard and flood the basement of Plaintiff's property; (2) Plaintiff's
attorneys'
fees and costs associated with bringing and prosecuting this action; and (3) such other
and further relief as the Court deems just and proper.
FACTUAL BACKGR_OUND
3. Upon information and belief, Defendant LIONS GATE NEW YORK LLC is a
domestic limited liability company with a principal place of business located at 1020 Madison
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FILED: NEW YORK COUNTY CLERK 09/23/2019 01:33 PM INDEX NO. 157014/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/23/2019
3rd
Avenue, Floor, New York, New York 10075 and is the owner of the building known as and
located at 32 and 34 Beekman Place, New York, New York 10022. Please see a copy of the
deeds to 32 and 34 Beelanan Place annexed hereto as Exhibit "A".
4. Plaintiff 30 BEEKMAN PLACE CORP. is a domestic business corporation and
the owner-of the building and property located at 30 Beekman Place, New York, New York
10022 ("Property"). Please see a copy of the deed to the Property annexed hereto as Exhibit
5. Plaintiff's Property is located adjacent to Defendant's property.
6. Upon information and belief, Defendant's property contains an improper drainage
system that causes substantial water to accumulate during and after rainstorms from Defendant's
property onto the courtyard of the Property. This results in the flooding of the basement of
Plaintiff'sProperty anytime itrains.
7. During each instance, Plaintiff is forced to remove the water from the basement of
the Property and properly clean same in order to prevent mold and related water damage.
8. Despite several lettersto Defendant regarding this matter, to date, Defendant has
failed to remedy the condition and modify its drainage system to prevent the flooding of
Plaintiff'sProperty.
9. The Summons with Notice (the "Pleadings") was filed on July 17, 2019, in
"A"
Supreme Court, Kings County. See copy of the Summons with Notice annexed as Exhibit to
the Affirmation ofLeanna N. Barbieri, affirmed on September 19, 2019 ("Barbieri Aff ").
10. I have been informed by my counsel that more than thirty (30) days have elapsed
since service was effectuated upon the Defendant pursuant to CPLR § 311-a and said Defendant has
not appeared herein and Defendant's time to respond to the Summons with Notice has expired.
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FILED: NEW YORK COUNTY CLERK 09/23/2019 01:33 PM INDEX NO. 157014/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/23/2019
1 l. Defendant has not answered the Summons with Notice, served a Notice of
Appearance or made a pre-answer motion raising an objection to the Summons with Notice.
12. Additionally, the time for Defendant to appear or to respond to the Sum.mons with
Notice has not been extended by court order or stipulation of the parties and Defendant is now in
default for-want of pleading.
CONCLUSION
13. Based upon the foregoing and the exhibits annexed hereto, I respectfully request that
this Court award a default judgment against Defendant granting the relief prayed for in the
Summons with Notice; and for such other and furtherrelief as thisCourt may deem justand proper.
aira Toppin
Sworn to before me this
7 ) day of September 2019
Ñõ aryγublic
DONNA M. CHIN
NOTARYPUBUC, State of New York
No.01CH5078927
in Kings
Qualified County 7
CornmissionExpires7/16/201
3
3 of 3
Document Filed Date
September 23, 2019
Case Filing Date
July 17, 2019
Category
Real Property - Other (Nuisance - Trespassing)
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FILED: NEW YORK COUNTY CLERK 09/23/2019 01:33 PM INDEX NO. 157014/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/23/2019 SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK Index No.: 157014/2019 _________________________________-------------------- X 30 BEEKMAN PLACE CORP., Plaintiff AFFIDAVIT IN SUPPORT - against - OF MOTION FOR DEFAULT JUDGMENT LIONS GATE NEW YORK LLC, Defendant. ---------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) SAIRA TOPPIN, being duly sworn, deposes and says: l. I am an employee of Douglas Elliman Property Management and the assigned property manager to plaintiff30 BEEKMAN PLACE CORP. ("Plaintiff") in the above-captioned action. As such, I am familiar with the facts and circumstances of the instant proceeding as they pertain to the subject motion for default judgment. 2. I respectfully submit this Affidavit in Support of Plaintiff's instant motion requesting: (1) a default judgment against Defendants declaring Defendant is prohibited from causing a nuisance and trespassing onto Plaintiff's property by causing substantial rainwater to accumulate in the courtyard and flood the basement of Plaintiff's property; (2) Plaintiff's attorneys' fees and costs associated with bringing and prosecuting this action; and (3) such other and further relief as the Court deems just and proper. FACTUAL BACKGR_OUND 3. Upon information and belief, Defendant LIONS GATE NEW YORK LLC is a domestic limited liability company with a principal place of business located at 1020 Madison 1 of 3 FILED: NEW YORK COUNTY CLERK 09/23/2019 01:33 PM INDEX NO. 157014/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/23/2019 3rd Avenue, Floor, New York, New York 10075 and is the owner of the building known as and located at 32 and 34 Beekman Place, New York, New York 10022. Please see a copy of the deeds to 32 and 34 Beelanan Place annexed hereto as Exhibit "A". 4. Plaintiff 30 BEEKMAN PLACE CORP. is a domestic business corporation and the owner-of the building and property located at 30 Beekman Place, New York, New York 10022 ("Property"). Please see a copy of the deed to the Property annexed hereto as Exhibit 5. Plaintiff's Property is located adjacent to Defendant's property. 6. Upon information and belief, Defendant's property contains an improper drainage system that causes substantial water to accumulate during and after rainstorms from Defendant's property onto the courtyard of the Property. This results in the flooding of the basement of Plaintiff'sProperty anytime itrains. 7. During each instance, Plaintiff is forced to remove the water from the basement of the Property and properly clean same in order to prevent mold and related water damage. 8. Despite several lettersto Defendant regarding this matter, to date, Defendant has failed to remedy the condition and modify its drainage system to prevent the flooding of Plaintiff'sProperty. 9. The Summons with Notice (the "Pleadings") was filed on July 17, 2019, in "A" Supreme Court, Kings County. See copy of the Summons with Notice annexed as Exhibit to the Affirmation ofLeanna N. Barbieri, affirmed on September 19, 2019 ("Barbieri Aff "). 10. I have been informed by my counsel that more than thirty (30) days have elapsed since service was effectuated upon the Defendant pursuant to CPLR § 311-a and said Defendant has not appeared herein and Defendant's time to respond to the Summons with Notice has expired. 2 2 of 3 FILED: NEW YORK COUNTY CLERK 09/23/2019 01:33 PM INDEX NO. 157014/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/23/2019 1 l. Defendant has not answered the Summons with Notice, served a Notice of Appearance or made a pre-answer motion raising an objection to the Summons with Notice. 12. Additionally, the time for Defendant to appear or to respond to the Sum.mons with Notice has not been extended by court order or stipulation of the parties and Defendant is now in default for-want of pleading. CONCLUSION 13. Based upon the foregoing and the exhibits annexed hereto, I respectfully request that this Court award a default judgment against Defendant granting the relief prayed for in the Summons with Notice; and for such other and furtherrelief as thisCourt may deem justand proper. aira Toppin Sworn to before me this 7 ) day of September 2019 Ñõ aryγublic DONNA M. CHIN NOTARYPUBUC, State of New York No.01CH5078927 in Kings Qualified County 7 CornmissionExpires7/16/201 3 3 of 3