Preview
FILED: NEW YORK COUNTY CLERK 02/13/2014 INDEX NO. 151323/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------X
BOARD OF MANAGERS OF THE GEMSTONE Index No.
CONDOMINIUM, suing on behalf of the unit
owners,
Plaintiff, SUMMONS
-against-
Venue:
New York County
LIZ GRAYSON,
Basis of venue:
Defendant. Plaintiff’s Residence
--------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned and required to serve upon Plaintiff’s attorneys an answer to
the complaint in this action within twenty (20) days after service of this summons, exclusive of
the day of service, or within thirty (30) days after service is complete if this summons is not
personally delivered to you within the State of New York. In case of your failure to answer,
judgment will be taken against you by default for the relief demanded in the complaint.
Dated: New York, New York
February 11, 2014
Yours, etc.
BARTON LLP
Attorneys for Plaintiff
By /S/ Joshua A. Messian .
Joshua A. Messian, Esq.
420 Lexington Avenue, 18th Floor
New York, New York 10170
(212) 687-6262
TO: Liz Grayson
348 East 89th Street, Unit 1E
New York, New York 10128
K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Summons.docx
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.
BOARD OF MANAGERS OF THE GEMSTONE CONDOMINIUM,
suing on behalf of the unit owners,
Plaintiff,
-against-
LIZ GRAYSON,
Defendant.
SUMMONS
BARTON LLP
Attorneys for Plaintiff
420 Lexington Avenue, 18th floor
New York, New York 10170
(212) 687-6262
Certification under 22 NYCRR § 130 1.1 a
BARTON LLP
By: /S/ Joshua A. Messian .
Joshua A. Messian, Esq.
K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Summons.docx
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------X
BOARD OF MANAGERS OF THE GEMSTONE
CONDOMINIUM, suing on behalf of the unit Index No.
owners,
Plaintiff, COMPLAINT
-against- Venue:
New York County
LIZ GRAYSON,
Basis of venue:
Plaintiff’s Residence
Defendant.
--------------------------------------------------------------X
The Plaintiff, Board of Managers of The Gemstone Condominium, suing on behalf of the
unit owners, by its attorneys, Barton LLP, complaining of the Defendant, Liz Grayson (hereafter,
the “Defendant”), alleges as follows:
1. At all times relevant hereto, The Gemstone Condominium (the “Condominium”)
was and still is an unincorporated association organized under the laws of the State of New York
pursuant to a declaration of condominium recorded on December 1, 1987, at Reel 1324, Page
2447 (the “Declaration”).
2. At all times relevant hereto, the Condominium’s board of managers (the “Board”)
was and still is the duly elected governing body of the Condominium pursuant to the Declaration
and applicable New York laws, which manages the common elements of the Condominium’s
building, located at 348 East 89th Street, New York, New York (the “Building”).
3. Pursuant to the Declaration and the by-laws contained therein (the “By-laws”), the
Board is authorized to collect common charges and special assessments to pay for the
Condominium’s common expenses, as well as late fees and repair charges in order to operate and
maintain the Building (collectively hereafter “Common Charges”).
4. At all times relevant hereto Defendant was and stillis the record owner of Unit
1E located at the Building by virtue of a deed dated February 16, 1988, recorded at Reel 1374,
Page 1335.
FIRST CAUSE OF ACTION – BREACH OF CONTRACT
5. The Board repeats and realleges the allegations contained in the preceding
paragraphs with the same force and effect as if fully set forth at length herein.
6. Upon taking title to the Units pursuant to the Deeds, the Defendant agreed to be
contractually bound by the Declaration and the By-laws, both of which set forth the contractual
obligation for unit owners to pay Common Charges to the Condominium as determined by the
Board.
7. The Board has adequately performed its contractual duties on behalf of the
Condominium including, but not limited to, collecting Common Charges and managing the
maintenance, repair, and replacement of the Building’s exterior and common areas.
8. Despite being billed and receiving written demands for the payment of Common
Charges from the Board, the Defendant has refused to and failed to pay her pro-rata share of
Common Charges.
9. As a result of the Defendant’s failure to pay Common Charges, she is indebted to
the Condominium in the amount of at least $25,041.97.
10. The amounts in this cause of action may change based upon future Common
Charges that come due, and/or costs that are incurred as this litigation progresses, and may
decrease if Defendant makes any payments to the Condominium during the pendency of the
litigation.
11. As a result of the Defendant’s breach of contract, the Condominium has been
2
K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Complaint.docx
damaged and demands relief in the amount of at least $25,041.97 or in an amount to be
determined at inquest or trial.
SECOND CAUSE OF ACTION – UNJUST ENRICHMENT
12. The Board repeats and realleges the allegations contained in the preceding
paragraphs with the same force and effect as if fully set forth at length herein.
13. The Defendant has received and retained the benefits of ownership of the Units.
14. The Defendant has received and retained the benefits of the payment of Common
Charges by other unit owners at the Condominium, including, but not limited to, the
maintenance, repair and replacement of the Building’s exterior and common elements.
15. As a result, the Defendant has been unjustly enriched at the expense of the
Condominium in the amount of at least $25,041.97 through February 1, 2014.
16. The amount in this cause of action may change based upon future Common
Charges that come due, and/or costs that are incurred as this litigation progresses, and may
decrease if Defendant makes any payments to the Condominium during the pendency of this
litigation.
17. Therefore, as a result of the Defendant’s unjust enrichment, the Condominium has
been damaged and demands relief in the amount of at least $25,041.97 or in an amount to be
determined at inquest or trial.
THIRD CAUSE OF ACTION – ACCOUNT STATED
18. The Board repeats and realleges the allegations contained in the preceding
paragraphs with the same force and effect as if fully set forth at length herein.
19. The Board sent invoices and statements of account for the Units to the Defendant
totaling $25,041.97 through February 1, 2014.
3
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20. The Defendant received and accepted those invoices and statements of account
without objection.
21. By receiving and accepting those invoices and statements of account without
objection, an account stated in the amount of $25,041.97 was created in favor of the Board
against the Defendant.
22. The amounts in this cause of action may change based upon future Common
Charges that come due, and/or additional attorneys' fees and costs that are incurred as this
litigation progresses, and may decrease if Defendant makes any payments to the Condominium
during the pendency of this litigation.
23. Therefore, the Condominium demands relief for the account stated in the amount
of $25,041.97 or in an amount to be determined at inquest or trial.
FOURTH CAUSE OF ACTION – LEGAL FEES
24. The Board repeats and realleges the allegations contained in the preceding
paragraphs with the same force and effect as if fully set forth at length herein.
25. Pursuant to the By-laws, in the event that a Condominium unit owner defaults in
payment of Common Charges, such unit owner shall be obligated to pay all expenses, including
attorney’s fees, incurred by the Board in collecting such unpaid Common Charges.
26. As a result of the Defendant’s default in the payment of Common Charges, the
Board has incurred and will continue to incur substantial legal fees on behalf of the
Condominium in an amount to be determined at inquest or trial, but reasonably believed to be in
excess of $10,000.00.
27. Therefore, pursuant to the By-laws, the Condominium demands compensation for
legal fees in an amount to be determined at inquest or trial, but reasonably believed to be in
4
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excess of $10,000.00.
WHEREFORE, the Plaintiff respectfully requests:
(1) On its first cause of action for breach of contract against Defendant, a money
judgment in the amount of at least $25,041.97, or in an amount to be determined
at inquest or trial;
(2) On its second cause of action for unjust enrichment against Defendant, a money
judgment in the amount of at least $25,041.97, or in an amount to be determined
at inquest or trial;
(3) On its third cause of action for account stated against Defendant, a money
judgment in the amount of $25,041.97, or in an amount to be determined at
inquest or trial;
(4) On its fourth cause of action for legal fees against Defendant, a money judgment
in an amount to be determined at inquest or trial, but reasonably believed to be in
excess of $10,000.00; and
(5) For such other and further relief as this Court may deem just and proper.
Dated: New York, New York
February 11, 2014
BARTON LLP
Attorneys for Plaintiff
By: /S/ Joshua A. Messian .
Joshua A. Messian, Esq.
420 Lexington Avenue, Suite 1830
New York, New York 10170
(212) 687-6262
5
K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Complaint.docx
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.
BOARD OF MANAGERS OF THE GEMSTONE CONDOMINIUM,
suing on behalf of the unit owners,
Plaintiff,
-against-
LIZ GRAYSON,
Defendant.
COMPLAINT
BARTON LLP
Attorneys for Plaintiff
420 Lexington Avenue, 18th floor
New York, New York 10170
(212) 687-6262
Certification under 22 NYCRR § 130 1.1 a
BARTON LLP
By: /S/ Joshua A. Messian .
Joshua A. Messian, Esq.
K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Complaint.docx
Preview
FILED: NEW YORK COUNTY CLERK 02/13/2014 INDEX NO. 151323/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------X BOARD OF MANAGERS OF THE GEMSTONE Index No. CONDOMINIUM, suing on behalf of the unit owners, Plaintiff, SUMMONS -against- Venue: New York County LIZ GRAYSON, Basis of venue: Defendant. Plaintiff’s Residence --------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned and required to serve upon Plaintiff’s attorneys an answer to the complaint in this action within twenty (20) days after service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York February 11, 2014 Yours, etc. BARTON LLP Attorneys for Plaintiff By /S/ Joshua A. Messian . Joshua A. Messian, Esq. 420 Lexington Avenue, 18th Floor New York, New York 10170 (212) 687-6262 TO: Liz Grayson 348 East 89th Street, Unit 1E New York, New York 10128 K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Summons.docx SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. BOARD OF MANAGERS OF THE GEMSTONE CONDOMINIUM, suing on behalf of the unit owners, Plaintiff, -against- LIZ GRAYSON, Defendant. SUMMONS BARTON LLP Attorneys for Plaintiff 420 Lexington Avenue, 18th floor New York, New York 10170 (212) 687-6262 Certification under 22 NYCRR § 130 1.1 a BARTON LLP By: /S/ Joshua A. Messian . Joshua A. Messian, Esq. K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Summons.docx SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------X BOARD OF MANAGERS OF THE GEMSTONE CONDOMINIUM, suing on behalf of the unit Index No. owners, Plaintiff, COMPLAINT -against- Venue: New York County LIZ GRAYSON, Basis of venue: Plaintiff’s Residence Defendant. --------------------------------------------------------------X The Plaintiff, Board of Managers of The Gemstone Condominium, suing on behalf of the unit owners, by its attorneys, Barton LLP, complaining of the Defendant, Liz Grayson (hereafter, the “Defendant”), alleges as follows: 1. At all times relevant hereto, The Gemstone Condominium (the “Condominium”) was and still is an unincorporated association organized under the laws of the State of New York pursuant to a declaration of condominium recorded on December 1, 1987, at Reel 1324, Page 2447 (the “Declaration”). 2. At all times relevant hereto, the Condominium’s board of managers (the “Board”) was and still is the duly elected governing body of the Condominium pursuant to the Declaration and applicable New York laws, which manages the common elements of the Condominium’s building, located at 348 East 89th Street, New York, New York (the “Building”). 3. Pursuant to the Declaration and the by-laws contained therein (the “By-laws”), the Board is authorized to collect common charges and special assessments to pay for the Condominium’s common expenses, as well as late fees and repair charges in order to operate and maintain the Building (collectively hereafter “Common Charges”). 4. At all times relevant hereto Defendant was and stillis the record owner of Unit 1E located at the Building by virtue of a deed dated February 16, 1988, recorded at Reel 1374, Page 1335. FIRST CAUSE OF ACTION – BREACH OF CONTRACT 5. The Board repeats and realleges the allegations contained in the preceding paragraphs with the same force and effect as if fully set forth at length herein. 6. Upon taking title to the Units pursuant to the Deeds, the Defendant agreed to be contractually bound by the Declaration and the By-laws, both of which set forth the contractual obligation for unit owners to pay Common Charges to the Condominium as determined by the Board. 7. The Board has adequately performed its contractual duties on behalf of the Condominium including, but not limited to, collecting Common Charges and managing the maintenance, repair, and replacement of the Building’s exterior and common areas. 8. Despite being billed and receiving written demands for the payment of Common Charges from the Board, the Defendant has refused to and failed to pay her pro-rata share of Common Charges. 9. As a result of the Defendant’s failure to pay Common Charges, she is indebted to the Condominium in the amount of at least $25,041.97. 10. The amounts in this cause of action may change based upon future Common Charges that come due, and/or costs that are incurred as this litigation progresses, and may decrease if Defendant makes any payments to the Condominium during the pendency of the litigation. 11. As a result of the Defendant’s breach of contract, the Condominium has been 2 K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Complaint.docx damaged and demands relief in the amount of at least $25,041.97 or in an amount to be determined at inquest or trial. SECOND CAUSE OF ACTION – UNJUST ENRICHMENT 12. The Board repeats and realleges the allegations contained in the preceding paragraphs with the same force and effect as if fully set forth at length herein. 13. The Defendant has received and retained the benefits of ownership of the Units. 14. The Defendant has received and retained the benefits of the payment of Common Charges by other unit owners at the Condominium, including, but not limited to, the maintenance, repair and replacement of the Building’s exterior and common elements. 15. As a result, the Defendant has been unjustly enriched at the expense of the Condominium in the amount of at least $25,041.97 through February 1, 2014. 16. The amount in this cause of action may change based upon future Common Charges that come due, and/or costs that are incurred as this litigation progresses, and may decrease if Defendant makes any payments to the Condominium during the pendency of this litigation. 17. Therefore, as a result of the Defendant’s unjust enrichment, the Condominium has been damaged and demands relief in the amount of at least $25,041.97 or in an amount to be determined at inquest or trial. THIRD CAUSE OF ACTION – ACCOUNT STATED 18. The Board repeats and realleges the allegations contained in the preceding paragraphs with the same force and effect as if fully set forth at length herein. 19. The Board sent invoices and statements of account for the Units to the Defendant totaling $25,041.97 through February 1, 2014. 3 K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Complaint.docx 20. The Defendant received and accepted those invoices and statements of account without objection. 21. By receiving and accepting those invoices and statements of account without objection, an account stated in the amount of $25,041.97 was created in favor of the Board against the Defendant. 22. The amounts in this cause of action may change based upon future Common Charges that come due, and/or additional attorneys' fees and costs that are incurred as this litigation progresses, and may decrease if Defendant makes any payments to the Condominium during the pendency of this litigation. 23. Therefore, the Condominium demands relief for the account stated in the amount of $25,041.97 or in an amount to be determined at inquest or trial. FOURTH CAUSE OF ACTION – LEGAL FEES 24. The Board repeats and realleges the allegations contained in the preceding paragraphs with the same force and effect as if fully set forth at length herein. 25. Pursuant to the By-laws, in the event that a Condominium unit owner defaults in payment of Common Charges, such unit owner shall be obligated to pay all expenses, including attorney’s fees, incurred by the Board in collecting such unpaid Common Charges. 26. As a result of the Defendant’s default in the payment of Common Charges, the Board has incurred and will continue to incur substantial legal fees on behalf of the Condominium in an amount to be determined at inquest or trial, but reasonably believed to be in excess of $10,000.00. 27. Therefore, pursuant to the By-laws, the Condominium demands compensation for legal fees in an amount to be determined at inquest or trial, but reasonably believed to be in 4 K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Complaint.docx excess of $10,000.00. WHEREFORE, the Plaintiff respectfully requests: (1) On its first cause of action for breach of contract against Defendant, a money judgment in the amount of at least $25,041.97, or in an amount to be determined at inquest or trial; (2) On its second cause of action for unjust enrichment against Defendant, a money judgment in the amount of at least $25,041.97, or in an amount to be determined at inquest or trial; (3) On its third cause of action for account stated against Defendant, a money judgment in the amount of $25,041.97, or in an amount to be determined at inquest or trial; (4) On its fourth cause of action for legal fees against Defendant, a money judgment in an amount to be determined at inquest or trial, but reasonably believed to be in excess of $10,000.00; and (5) For such other and further relief as this Court may deem just and proper. Dated: New York, New York February 11, 2014 BARTON LLP Attorneys for Plaintiff By: /S/ Joshua A. Messian . Joshua A. Messian, Esq. 420 Lexington Avenue, Suite 1830 New York, New York 10170 (212) 687-6262 5 K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Complaint.docx SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. BOARD OF MANAGERS OF THE GEMSTONE CONDOMINIUM, suing on behalf of the unit owners, Plaintiff, -against- LIZ GRAYSON, Defendant. COMPLAINT BARTON LLP Attorneys for Plaintiff 420 Lexington Avenue, 18th floor New York, New York 10170 (212) 687-6262 Certification under 22 NYCRR § 130 1.1 a BARTON LLP By: /S/ Joshua A. Messian . Joshua A. Messian, Esq. K:\Gemstone Condo\Grayson, Liz #1E\Sup. Court Action\Complaint.docx