Complaint,Petition: 30 Beekman Place Corp. v. Lions Gate New York Llc

On July 17, 2019 a Complaint,Petition 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.

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FILED: NEW YORK COUNTY CLERK 01/27/2020 03:13 PM INDEX NO. 157014/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 01/27/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------- -------------X Index No.: 157014/2019
30 BEEKMAN PLACE CORP.,

Plaintiff,
_VERIFIED COMPLAINT
- against -

LIONS GATE NEW YORK LLC,

Defendant.
----------- ------------------- ---------------- X

Plaintiff, by its attorneys, Romer Debbas LLP, as and for its Verified Complaint against

the Defendant alleges as follows upon information and belief:

ALLEGATIONS COMMONS TO ALL CAUSES OF ACTION

1. At all pertinent times alleged herein, Plaintiff 30 Beekman Owners Corp. (the

"Plaintiff") was and is a duly organized domestic business corporation that is the owner of the

real property and building known as and located at 30 Beekman Place, New York, New York

(the "Building") (Block 1362, Lot 38).

2. Upon information and belief, at all pertinent times mentioned herein, Defendant

Lions Gate New York LLC (the "Defendant") was and stillis the owner of the premises known

as and located at 32-34 Beekman Place, New York, New York (the "Adjacent Building") (Block

1362, Lot 137).

3. At all times herein mentioned, the Adjacent Building's southern wall forms the

northern boundary of the Building's rear courtyard and airshaft.

4. During significant rainfall and/or snowstorms, water flows from the roof of the

Adjacent Building and into the courtyard of the building, which overwhelms Plaintiff's drainage

system and causes flooding in the courtyard and basement of the Building.

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5. Generally, during significant rainfall, water flows from the Adjacent Building and

into the courtyard and basement of the Adjacent Building, causing substantial flooding in the

courtyard and basement of the Building.

6. As part of Plaintiff's attempts to mitigate the damage occurring to the Building,

after significant rainfall, Plaintiff regularly arranges for building staff to remove the excess water

from the basement and thoroughly clean the basement to prevent the growth of mold, fungus

and/or bacteria.

7. On or about January 23, 2019, Plaintiff's managing agent, Douglas Elliman

Property Management, sent Defendant a letter notifying Defendant of the flooding issue and

requested Defendant contact Plaintiff in order to resolve this ongoing hazardous situation.

8. Upon information and belief, Defendant failed and/or refused to contact

Plaintiff's managing agent in response to the letter.

9. Thereafter, Plaintiff's counsel sent a letter to Defendant dated March 27, 2019,

following up on Plaintiff's January 23, 2019 letter and requesting that Defendant immediately

contact Plaintiff's counsel to resolve the substantial flooding caused by Defendant at the

Building.

10. Upon information and belief, Defendant failed and/or refused to contact

Plaintiff's counsel in response to the March 27, 2019 letter.

11. Thereafter, Plaintiff commenced this action by filing a Summons with Notice with

the New York County Clerk's office on July 17, 2019.

12. The Summons with Notice was served upon Defendant by serving the Secretary

of State pursuant to CPLR § 311-a and New York LLC Law § 303(a) on July 22, 2019.

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13. Defendant failed to answer the Summons with Notice, appear in the action, or

make a pre-answer motion within the time permitted under the CPLR, and as a result, Plaintiff

filed a motion for default judgment with the New York County Clerk's office on September 23,

2019.

14. On October 21, 2019, Defendant's counsel filed a Notice of Appearance and

Demand for a Complaint.

15. As to avoid unnecessary litigation, on October 29, 2019, Plaintiff agreed to

withdraw its motion for a default judgment in order to proceed to resolve this case on the merits

and Defendant agreed to extend the time to serve the Complaint.

16. Upon information and belief, prior to the commencement of the Project, the

parties had a preconstruction survey performed on both properties by Daniel Hon on or about

May 4, 2019.

17. Upon information and belief, Defendant failed to install a working drainage

system to address the excess water running off from Defendant's property and flooding

Plaintiff's property.

18. Upon information and belief, Defendant has made no effort whatsoever to contain

the water runoff from their property.

AS AND FOR A FIRST CAUSE OF ACTION -NEGLIGENCE

19. Plaintiff repeats, realleges and reiterates each and every allegation contained in

paragraphs 1 through 18 above as if set forth at length herein.

20. The Defendant, as adjoining property owners, has and continues to have a duty to

properly maintain the Adjacent Building so as to avoid any damage to Plaintiff and the Building.

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21. Plaintiff's damages herein were actually and proximately caused by the

negligence of Defendant without any negligence or other culpable conduct of Plaintiff

contributing thereto.

22. Upon information and belief, the acts of commission or omission of Defendant

has negligently caused damage to the Building.

23. Upon information and belief, Defendant was also negligent in failing to install a

drainage system at the Adjacent Building in such a way that would allow for the proper run-off

of water thereat.

24. As a result of the foregoing, Plaintiff has sustained damages to the Building,

including, but not limited to, the courtyard and basement of the Building.

25. Upon information and belief, Defendant has negligently failed to install a proper

roof drainage system on the Adjacent Building.

26. By reason of Defendant's negligence, the Plaintiffs property has been damaged.

27. As a result of the foregoing, Plaintiff has been damaged in a sum not less than

Fifty Thousand ($50,000.00) dollars.

AS AND FOR A SECOND CAUSE OF ACTION - GROSS NEGLIGENCE

28. Plaintiff repeats, realleges and reiterates each and every allegation contained in

paragraphs 1 through 26 above as if set forth at length herein.

29. Further, the damage caused by the gross negligence of the Defendant was

foreseeable.

30. Further, in failing to correct and remedy the foregoing conditions after due notice

thereof, Defendant has acted with utter recklessness and in complete disregard for Plaintiff's

safety and property.

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31. As a result of Defendant's negligence, Plaintiff has and will be compelled to

expend monies to pay for work, labor, services and materials necessary to remedy and/or replace

any damage to the Building and to ensure that any further damage does not occur.

32. As a result of the foregoing, Plaintiff has been damaged in a sum not less than

Fifty Thousand ($50,000.00) dollars.

AS AND FOR A THIRD CAUSE OF ACTION - PRIVATE NUISANCE

33. Plaintiff repeats, realleges and reiterates each and every allegation contained in

paragraphs 1 through 32 above as if set forth at length herein.

34. Upon information and belief, Defendant has interfered with Plaintiff's right to the

use and quiet enjoyment of Plaintiff's Building due to Defeñdañt negligently maintaining the

Adjacent Building so as to permit water to run-off and flood Plaintiff's Building.

35. Upon information and belief, the flooding and ongoing damage to the Building

due to Defendant's actions constitute a private nuisance.

36. Upon information and belief, Defendant has interfered with Plaintiff's right to the

use and quiet enjoyment of Plaintiff's Building as the Defendant has negligently failed to install

an effective roof drainage system at the location so as to avoid causing water to run-off onto the

Building.

37. Plaintiff has placed the Defendant on notice of its ongoing private nuisance and

has demanded in writing that the nuisance be abated.

38. Upon information and belief, Defendant has and continues to willfully ignore

and/or refuse Plaintiff's request.

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39. Plaintiff is damaged by the nuisance, in that the damage caused by Defendant's

actions as described herein above is injurious to the Plaintiff and to the comfort and enjoyment of

Building by the Plaintiff s residents and shareholders.

40. Due to the foregoing, the Plaintiff has suffered great annoyance, discomfort and

are placed in an unsafe condition from the flooding and potential mold formation due to the

flooding.

41. As a result of the foregoing, Plaintiff has sustained damage to the Building and its

contents.

42. As a result of the foregoing, Plaintiff has incurred and will incur expenses to clean

up and repair the damage to the Building.

43. Plaintiff has no adequate remedy at law.

44. As a result of the foregoing, Plaintiff has been damaged in a sum not less than

Fifty Thousand and 00/100 ($50,000.00) Dollars.

AS AND FOR A THIRD CAUSE OF ACTION - TRESPASS

45. Plaintiff repeats, realleges and reiterates each and every allegation contained in

paragraphs 1 through 44 above as if set forth at length herein.

46. Defendant has intentionally permitted water to run-off from the Adjacent Building

and onto Plaintiffs Building.

47. Defendant has done so intentionally and knowing full well that it is trespassing

onto Plaintiff s property and said trespass continues to date as Defendant has failed and/or

refused to correct its roof drainage system to prevent water run-off onto the Building.

48. Said trespass is without consent, permission, license or privilege from Plaintiff.

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49. Plaintiff has notified the Defendant of its trespass, yet Defendant continues to

Plaintiff's'
enter onto property without authorization.

50. By reason of said trespass, Plaintiff has been, and will continue to be, deprived of

Plaintiff's'
the full use and enjoyment of property.

51. By reason of said trespass, the Defendant has damaged the Building.

52. As a result of the foregoing, Plaintiff has been damaged in a sum not less than

Fifty Thousand and 00/100 ($50,000.00) Dollars.

AS AND FOR A FOURTH CAUSE O_F ACTION - INJUNCTIO_N

53. Plaintiff repeats, realleges and reiterates each and every allegation contained in

paragraphs 1 through 52 above as if set forth at length herein.

54. Upon information and belief, the flooding onto the Building caused by Defendant

poses a danger to health and safety of the Plaintiff's shareholders and residents and will cause

further damage to the Building.

55. Upon information and belief, itis likely that Plaintiff will succeed on the merits.

56. Upon information and belief in the absence of injunctive relief, Plaintiff will

sustain irreparable harm.

57. Upon information and belief, unless Defendant is required to abate the nuisance

by taking the proper measures, including, but not limited to, reconfiguring the roof drainage

system on Defendant's property, Plaintiff and the Building will sustain substantial and

irreparable injury.

58. Upon information and belief, unless Defendant is required to abate the nuisance

by preventing the future run-off and/or accumulation of water, Plaintiff and the Building will

sustain substantial and irreparable injury.

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59. Upon information and belief, a balance of the equities is in favor of the Plaintiff.

60. By virtue of Defendant's aforesaid actions and Plaintiffs likelihood of success on

the merits, Plaintiff is entitled to an Order barring, enjoining, prohibiting and restraining

Defendant from or taking any actions that would adversely affect and further damage Plaintiff's

property.

WHEREFORE, the Plaintiff demands judgment in itsfavor as follows:

a) On the First Cause of Action, for judgment against Defendant in an

amount not less than Fifty Thousand and 00/100 ($50,000.00) Dollars plus an award of

attorneys'
fees, costs and expenses;

b) On the Second Cause of Action, for judgment against Defendant in an

amount not less than Fifty Thousand and 00/100 ($50,000.00) Dollars plus an award of

attorneys'
fees, costs and expenses;

c) On the Third Cause of Action, for judgment against Defendant in an

amount not less than Fifty Thousand and 00/100 ($50,000.00) Dollars plus an award of

attorneys'
fees, costs and expenses;

d) On the Fourth Cause of Action, for judgment against Defendant in an

amount not less than Fifty Thousand and 00/100 ($50,000.00) Dollars plus an award of

attorneys'
fees, costs and expenses;

e) On the Fifth Cause of Action, entering an Order in favor of Plaintiff

barring, enjoining, prohibiting and restraining Defendant from or taking any actions that would

adversely affect and further damage Plaintiff's property;

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f) For such other and further relief in favor of Plaintiff as the Court deems

just and proper.

Dated: January 27, 2020
New York, New York

ROMER DEBBAS LLP

By:
Richard Klei , Esq.
Attorneys or Plaintiff
275 Madison Avenue, Suite 801
New York, New York 10016
Tel: (212) 888-3100
Fax: (212) 888-3201
Email: RKlein@romerdebbas.com

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VERIFICATIOE

STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )

SAIRA TOPPIN, being duly sworn deposes and says:

1. I am the property manager of Plaintiff in the above matter.

2. I have read the foregoing Summons and Verified Complaint and know the

contents thereof; and the same is true to my own knowledge and belief, except to the matters

therein stated to be alleged upon information and belief,and as to those matters, I believe them

to be true. The source of my information and belief isthe books and records of Plaintiff.

SAIRA TOPPIN

Sworn to before me this

day of December, 2019

NOTARY PUBLIC

DONNA M. CHIN
NOTARY PUBLIC, Stateof New York
No. 01CH5078927
Qualified
in KingsCounty, -2
Commission Expires7/16/20£'

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Case Info

Judge

Lucy Billings Track Judge’s New Case

Case No.

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Document Filed Date

January 27, 2020

Case Filing Date

July 17, 2019

County

Parties

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