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

• 
• 

						
                                
Preview
                                FILED:         NASSAU        COUNTY         CLERK        04/19/2019             03:40       PM                      INDEX    NO.   601500/2019
   NYSCEF     DOC.   NO.   21                                                                                 RECEIVED      NYSCEF:     04/19/2019




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

                  LLC,    COUNTRY         POINTE      AT   PLAINVIEW
                  HOMEOWNERS              ASSOCIATION,          INC.                      ADLER      REPLY      AFFIDAVIT
                  and   BOARD      OF   MANAGERS           OF                             IN  FURTHER         SUPPORT       OF
                  COUNTRY         POINTE      AT   PLAINVIEW                              ORDER       TO   SHOW      CAUSE
                  CONDOMINIUM             H,


                                                      Plaintiffs,


                           -against-



                  JAY    GRINDELL        and   SANDRA       SANDER,


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


                           MICHAEL        ADLER,      being   duly  sworn,   deposes   and  says:


                           1.       I  am   a  Manager     of  the  Board    of  Managers     of   Country    Pointe   at  Plainview


                  Condominium        II (the  "Board    of  Managers"),     as  well  as  a  Director   of  the  Country    Pointe  at


                  Plainview    Homeowners      Association,    Inc. (the  "Association"),    each  of which    are Plaintiffs herein.


                  I respectfully  submit   this reply  affidavit,  based  upon   personal  knowledge     and  records   on  filein my


                  office,  in further  support   of the  instant  application,   and  to correct  certain  material   misstatements


                                                                           ("Defendants'
                  of fact  set forth  in  the  Memorandum        of Law                      Memo")     submitted    by  counsel   for


                  Defendants     Jay  Grindell    and  Sandra    Sander    (collectively,   "Defendants")     (none   of  which    are


                  supported   by  any  sworn   statements).


                                           Defendants'
                           2.       First,                 Memo      sets forth  that  the  Defendants     refused   to  provide   the


                                                                                                           access."
                  requested   access   "absent   additional   information    regarding   the  requested              This   is simply


                  not true.




                                                                        1  of   2
   FILED:         NASSAU        COUNTY         CLERK        04/19/2019             03:40       PM                      INDEX    NO.   601500/2019
   NYSCEF     DOC.   NO.   21                                                                                 RECEIVED      NYSCEF:     04/19/2019




                           3.       As  I stated  in my  initial Affidavit   (NYSCEF      Doc.  No.   11) (the "Adler   Aff."),  on  or


                                                                                                                        Defendants'
                  about   October   19,  2018,  I sent  a letter to the  Defendants     to coordinate   access   to the


                  Unit  in  order  to perform    the Work.    Shortly   thereafter,  I spoke   with  the Defendants     directly, and



                  they  advised   me  that  they  would   not permit   access.  (See  Adler   Aff., ¶ 5.)


                           4.       Defendants     told me   that they  were   not  going   to let my  construction    team   into the


                  Defendants'
                                  Unit  to  perform   the  Work    because    they  did  not  want   to be  inconveñieñced.      They


                  basically   informed    me   that the  Plaintiffs  would    need   to sue  them   if they   wanted   to  obtain  the


                  requested   access.


                           5.       During   this conversation,    the  Defendants    never  request   d from   me  any   "additional


                                                              access."
                  information    regarding   the  requested




                                                                                          Michael    Adler


                  S   orn  to before  me  this

                       day  of April,  2019




                  No     y Public



                                  | NOTARY  PUBLIC, State of New  York
                                            No. 01FA4879915
                                       Qualified in SuffolkCounty
                                   Commission   Expires Deo   15,20-




                                                                           2




                                                                        2  of   2