Motion for Stipulated Judgment in Rockwood Owners Corp. And 20 East 68th Street Condominium v. Errol Rainess, John Doe, Jane Doe| Trellis.Law

On November 16, 2020 a Motion-Secondary was filed involving a dispute between Rockwood Owners Corp. And 20 East 68Th Street Condominium, and Errol Rainess, Jane Doe, John Doe, for Other Matters - Contract - Other in the District Court of New York County.

Preview
FILED: NEW YORK COUNTY CLERK 11/20/2020 08:45 AM INDEX NO. 159857/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/20/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------------X Index No.: 159857/2020
ROCKWOOD OWNERS CORP. and
68™
20 EAST STREET CONDOMINIUM

Plaintiffs,

-against- AFFIDAVIT IN SUPPORT

ERROL RAINESS and "JOHN & JANE DOE",

First and/or last name(s) of Undertenant(s)
being fictitious and unknown to Plaintiff, person
intended being in possession of the premises
herein described.

Defendants.
-------------------------------------------------------------------------X

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

NANCY RODRIGUEZ, being duly sworn, deposes and says the following under the

penalties of perjury:

1. I am the Managing Director at Rudd Realty Management Corp. ("Managing

Agent"), which is the professional management company and agent of the Plaintiffs, Rockwood

68*
Owners Corp. ("Co-Op") and 20 East Street Condominium (hereinafter and collectively

referred to as the "Plaintiffs"). I have been personally involved with the instant matter and I am

fully familiar with the facts and circumstances set forth herein based upon my own personal

Plaintiffs'
knowledge, files maintained by the Plaintiffs and discussions with staff, management,

contractors and vendors.

Plaintiffs'
2. I submit this Affidavit in support of the Order to Show Cause seeking a

temporary restraining order, preliminary and permanent injunctive relief directing Defendant

{00348662;l}

1 of 6
FILED: NEW YORK COUNTY CLERK 11/20/2020 08:45 AM INDEX NO. 159857/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/20/2020

Errol Rainess to provide access to his Apartment so that the Plaintiffs and their contracts, agents,

or vendors can (1) measure the windows and terrace door in Defendant's apartment so that they

may be repaired and replaced; (2) measure the terrace and terrace railing so that they both can be

repaired and replaced; and (3) have access to perform the related work which forms the part of

the two construction projects more particularly described and defmed below.

3. There are two multi-million dollar construction Projects that are simultaneously

underway at the Building.

4. The first construction project involves replacement and repairs to the terrace

decks and railings (the "Terrace Deck and Railing Replacement Project"), with the following

scope of work : (a)removal and replacement of unsafe outdoor terrace railings which are original

to construction and can fail, come loose, and create an immediate lifesafety issue which must be

addressed now; (b) removal and replacement of the existing underlying membrane (under the

quarry tiles) on the terrace in order to prevent the existing ponding condition and ensure that no

water intrusion and water damage occurs to the Apartment or surrounding apartments; (c)

removal and replacement of the existing unsafe quarry tiles that are delaminated, cracked, and

spalling creating a tripping hazard; and (d) removal and replacement of the glass enclosure on

the terrace deck and replace with tempered glass that will comply with the current NYC DOB

Code and prevent the current glass from breaking into large blade-like shards onto the sidewalk

below.

5. Plaintiffs, and their contractors, have filed allappropriate plans and obtained

necessary approvals and permits from the Department of Buildings and adequate insurance is in

place. The duly qualified engineering firm supervising the Terrace Deck and Railing

{00348662;l}
2

2 of 6
FILED: NEW YORK COUNTY CLERK 11/20/2020 08:45 AM INDEX NO. 159857/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/20/2020

Replacement Project is Stone Engineering. The general contractor for the Terrace Deck and

Railing Replacement Project is AM Building Restoration.

6. AM Building Restoration, Inc. and Stone Engineering will need, minimally,

access to the Defendant's outdoor terrace for approximately 18 working days in order to put up

protections and perform the work described above. All access required will be outdoor access.

7. The Managing Agent made two verbal requests for access to the Defendant's

terrace: (1) the first verbal request was made on or about September 14, 2020; and (2) the

second verbal request was made on or about September 21, 2020. Both requests were expressly

denied by the Defendant.

8. The second construction contract's scope of work (referred to hereinafter as the

"Window and Terrace Door Replacement Project") involves: (i) the removal and replacement of

the existing windows throughout the residential apartments at the Building; and (ii)removal and

frame,"
replacement of the terrace doors. The windows are being replaced "within meaning that

the existing window frames will remain in place. It isimpossible to perform the Window and

Terrace Door Replacement Project without taking the necessary and essential measurements of

the windows, including the window in Defendant's Apartment, to ensure accuracy prior to

fabrication and installation. The terrace doors will be replaced in a similar fashion and therefore

all terrace doors need to be measured for accuracy prior to fabrication and installation as well.

The contractor for the Window and Terrace Door Replacement Project is Skyline Windows.

9. These two construction projects at the Building are essential to ensure the life and

safety of the Defendant, Building residents and the general public.

10. Defendant Rainess resides in Apartment 12C of the Building (the "Apartment").

{00348662;l}
3

3 of 6
FILED: NEW YORK COUNTY CLERK 11/20/2020 08:45 AM INDEX NO. 159857/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/20/2020

11. Defendant Rainess is a shareholder of Rockwood and is the proprietary lessee of

the Apartment and is subject to the terms and conditions set forth in the Proprietary Lease. A

copy of the Proprietary Lease is attached herein as Exhibit "A".

12. Dating back to February 7, 2020, my office has sent to Defendant no less than

eleven (11) written notices, requesting access so that Rockwood's contractor, Skyline Windows

could come into his Apartment to take exact measurements of the windows and terrace door.

These measurements will take no more than 30 and Skyline will follow all COVID-
minutes,

related protocols to ensure everyone's health and safety. The written notices sent to Defendant

are attached herein as Exhibit "B".

13. In addition to those written notices, the Superintendent of the Building and I have

each also made verbal requests to Defendant for access, not only for windows but to the terrace.

All requests were denied.

14. All of our attempts to obtain access to the Defendant's Apartment, upon

reasonable notice, and in fullcompliance with the terms and conditions of Paragraphs Seven and

Twenty Four of the Proprietary Lease, were all denied.

15. In another good faith attempt to obtain access to Defendant's Apartment, we

contacted counsel for the Plaintiffs to also request access in writing. Counsel wrote to the

Defendant on September 30, 2020 and again on October 14, 2020. Copies of those letters are

"C"
attached herein as Exhibits and "D".

Plaintiffs'
16. The requests made by counsel were also denied. Also, I am advised

Plaintiffs'
that during a telephone conversation between Defendant and counsel on October 27,

2020 around 11:30 a.m., Defendant advised that the windows located in his bedroom cannot be

{00348662;l}
4

4 of 6
FILED: NEW YORK COUNTY CLERK 11/20/2020 08:45 AM INDEX NO. 159857/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/20/2020

measured at this time because the bedroom is overfilled with clutter and personal property which

obstruct access to the windows.

17. Based upon Defendant's own admission to our counsel, we have reason to believe

that Defendant is hoarding contents in his Apartment in an unsafe and unhealthy manner and has

admitted that there is no clear pathway to obtain access to measure windows in one of his

bedrooms.

18. Therefore, Plaintiffs require Defendant to voluntarily move such personal

property away from all windows and doors so measurements can be made and replacement work

performed.

19. Alternatively, Plainitffs can move the personal property to clear the windows and

terrace door. Defendant will need to provide separate access to Plaintiffs so that the contents can

be moved by the Plaintiffs. The costs associated with the Plaintiffs having to move these

contents, which otherwise constitutes a default under Paragraph 24 of the Proprietary lease

insofar as access is physically being denied, will be done at Defendant's expense and be posted

back to the Tenant's account pursuant to the express terms of the Proprietary Lease.

20. Plaintiffs need approximately 30 minutes to take measurements of the windows,

terrace door, terrace, and terrace railing. Since there are two separate contractors, Plaintiffs will

coordinate the contractors so the inspections can take place on the same date and time; however,

the two different contractors will each need 30 minutes to take their respective measurements.

We respectfully ask this Court to grant access to both contractors to take their measurements.

21. Plaintiffs will also require access to the Apartment and the terrace in order for the

work for both projects to be performed. For the Terrace Deck and Railing Replacement Project,

AM Building Restoration, Inc. and Stone Engineering will need, minimally, access to the

{00348662;l}
5

5 of 6
FILED: NEW YORK COUNTY CLERK 11/20/2020 08:45 AM INDEX NO. 159857/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/20/2020

Defendant's outdoor terrace for approximately 18 working days in order to put up protections

and perform the work described above. All access required will be outdoor access.

22. And for the Window and Terrace Door Replacement Project, assuming that the

Defendant clears a pathway to perform the window work, Skyline will require access for

approximately two days once the new windows and door are fabricated to complete the

installation. In the event that I have to arrange to clear a pathway to the windows, the amount of

time for that work is dependent upon how bad the obstructive conditions are. I don't know how

many contents will need to be moved at this time.

23. Plaintiffs, itsManaging Agent and their attorneys, have attempted in good faith to

negotiate access to Defendant's Apartment and terrace upon reasonable notice.

Plaintiffs'
24. The Defendant has denied, refused or otherwise ignored efforts to

obtain access. Accordingly, Plaintiffs filed the instant lawsuit because it has become apparéñt

that judicial intervention is required.

25. No prior application for the relief sought herein has been made previously.

26. For the reasons stated herein and upon the accompanying affidavits,

memorandum of law and pleadings in this action, itis respectfully requested that the Court grant

the instant application.

NANC ODRIGUEZ

to before me this
November 2020.

NOTARY PUBUC. STATE OF NEW YORK
Registration
No. 01000303146
Quallfled in Queens
County
CommissionExpires May 12, 20

6 of 6

Case Info

Judge

Shlomo S. Hagler Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

November 20, 2020

Case Filing Date

November 16, 2020

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Motion-Secondary: Rockwood Owners Corp. And 20 East 68th Street Condominium v. Errol Rainess, John Doe, Jane Doe

Preview

Case Info

Parties