Order to Show Cause: Beechwood Plainview Old Bethpage Llc, Country Pointe At Plainview Homeowners Association, Inc., Board Of Managers Of Country Pointe At Plainview Condominium Ii v. Jay Grindell, Sandra Sander

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                                FILED:         NASSAU        COUNTY         CLERK        04/19/2019             03:40       PM                      INDEX    NO.   601500/2019
   NYSCEF     DOC.   NO.   22                                                                                 RECEIVED      NYSCEF:     04/19/2019




                  SUPREME        COURT       OF   THE    STATE     OF   NEW     YORK
                  COUNTY        OF  NASSAU
                  ------------------------------                          ----X
                  BEECHWOOD            PLAINVIEW         OLD    BETHPAGE                  Index   No.  601500/2019

                  LLC,    COUNTRY        POINTE       AT   PLAINVIEW
                  HOMEOWNERS             ASSOCIATION,           INC.                      LENSON       AFFIDAVIT        IN
                  and   BOARD      OF   MANAGERS          OF                              FURTHER        SUPPORT        OF
                                                                                          PLAINTIFFS'
                  COUNTRY         POINTE      AT   PLAINVIEW                                                 ORDER       TO
                  CONDOMINIUM             II,                                             SHOW      CAUSE


                                                      Plaintiffs,


                           -against-



                  JAY   GRINDELL         and   SANDRA       SANDER,


                                                      Defendants.
                  -----------            -----------·-------------------X
                  STATE     OF   NEW     YORK         )
                                                      )ss:
                  COUNTY        OF   NASSAU           )


                           BARRY      LENSON,       being  duly  sworn,   deposes   and   says:


                           1.       I am   a Vice   President   of  Construction     for Beechwood       Plainview    Old  Bethpage


                  LLC.   I respectfully   submit   this  affidavit, based   upon   personal   knowledge     and   records  on  file in



                  my   office, in further  support  of  the instant  application.


                           2.       The   work   for  which   Plaintiffs   seek  access   consists   of the  maintenance,     repairs


                  and/or  improvements      (the  "Work")    of the  area between    the  drywall   of the ceiling  of the  premises


                                                                                                    "Defendant'
                  located   at 37103    Winterberry     Drive,   Plainview,    New    York    (the                  Unit")   and   the


                                                                                Defendants'                                      1
                  subfloor  of Unit   37203,   which   is directly above   the                 Unit  (the  "Sakolsky    Unit").


                           3.       I am  fully familiar  with  the layout  and  construction   of the units  that comprise    Condo


                                                                               Defendants'
                  II,including   the  floorplans   and  construction   of the                 Unit  and  the  Sakolsky   Unit.




                  1 Additional                                                                  Plaintiffs'
                               defined terms set forthin the moving  Affirmation  in Support of            Order to Show  Cause  dated
                  January 29, 2019 (NYSCEF    Doc.  No. 5) are incorporated herein.




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   FILED:         NASSAU        COUNTY         CLERK        04/19/2019             03:40       PM                      INDEX    NO.   601500/2019
   NYSCEF     DOC.   NO.   22                                                                                 RECEIVED      NYSCEF:     04/19/2019




                          4.       In  order  to reasonably    and  practically   perform   the  Work    to the relevant   Common

                              Plaintiffs'                                           Defendants'
                 Elements,                construction    team   must  access  the                 Unit.  To  properly   support  the


                                                             Plaintiffs'
                 floor  trusses  of  the  Sakolsky    Unit,               construction    team   needs   to be  able  to  accurately


                 secure   nails  from   underneath     the  subfloor   of  the  Sakolsky    Unit.  The   only  reasonable     way   to



                 properly   perform    this  Work    is to access   the  subfloor   of the  Sakolsky    Unit   from   below,   which


                                               Defendants'
                 requires   access  from   the                Unit.


                          5.       This   Work   is expected    to take  approximately     six  (6) work   days,  with  work   being


                 performed     between   the  hours  of  8:00  a.m.  and  4:00  p.m.   on those   work   days.  Because    the Work


                                                            Defendants'                                                   Plaintiffs'
                 involves   opening    the ceiling  of the                 Unit,  for  the safety  of the  Defendants,


                 construction    team   will  temporarily    partition  off the  work   area  in the  kitchen/great    room   during


                 non-working     hours,   including   restricting access   to the front  and  patio  doors,  and  to the area  where


                 the  kitchen  meets   the main   hallway.   (For  the  convenience    of the  Court,  attached   hereto  is copy   of


                                                                         Defendants'
                 the  floor  plan  for Condo    II units  such  as the                  Unit.)  Defendants     will  stillbe  able  to


                              Defendants'                                                           Defendants'
                 access   the                Unit   through   their garage   and  may   access  the                 Unit  other  than


                 the  work   area during   non-working     hours.


                          6.       Because    the only  reasonable    way   to properly  perform    the Work    is by accessing   the


                 Defendants'                       Defendants'
                                 Unit, access   to                Unit  is necessary.


                          7.       I have   been  informed    that  Defendants    have   repeatedly   and   wrongfully    refused   to


                 provide   such  access.




                                                                                          Barry  Len


                 Sworn    to before  me  this




                        PaulinaA. Glampietro
                   Nolaty Public,State of New York
                          No. 02G16339176                                  2
                      Qualifiedin Suffolk
                                        County
                   Commission   Expires03t28t2020


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