Preview
FILED: KINGS COUNTY CLERK 03/16/2022 06:02 PM INDEX NO. 507841/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______________-----------___________________--------________________- x
CHERYL TURNER, SUMMONS
Plaintiff,
- against -
COMMUNITY COUNSELING AND MEDIATION and
HAYAA SNEDIKER LLC
Defendants.
__________________-----__-------____----__---__________________________-----
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer on plaintiff within 20 days after the service of this
summons, exclusive of the day of service, where service is made by delivery upon yog
personally within the state or within 30 days after completion of service where service is made
in any other manner. If you fail to appear or answer, judgment will be taken against u by
default for the relief demanded in the complaint.
Dated: New York, New York
March 16, 2022
Richar Paul Stone
Attorney fo aintiff
1345 Avenue of the Americas - Suite 200
New York, New York 10105
(516) 642-1987
To: Community Counseling and Mediation
25 Elm Place - Second Floor
Brooklyn, New York 10175
Hayaa Snediker LLC
16"'
5314 Avenue
Brooklyn, New York 11204
1 of 5
FILED: KINGS COUNTY CLERK 03/16/2022 06:02 PM INDEX NO. 507841/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____---___..---------------------_ __________--------------------------- Ç
CHERYL TURNER, : COMPLAINT
:
Plaintiff,
:
- against -
COMMUNITY COUNSELING AND MEDIATION and
HAYAA SNEDIKER LLC
:
Defendants.
X
_______-____ __--------------------------------- ___--- ____- ________-__-______
Plaintiff Cheryl Turner, by her attorney Richard Paul Stone, Esq., alleges as her
complaint as follows.
1. Plaintiff is an individual residing at 743 Snediker Avenue, Brooklyn,
New York 11207 (the "Building").
2. Defendant Counsel and Mediation is a New York not-for-
Community
profit corporation formed November 16, 1983, with its principal place of business at 25 Elm
Place - Second New York 10175 which did at various relevant
Floor, Brooklyn, ("CCMS")
times own real property adjacent to the Building, block 3874 lots 1 and 3 (the "Lot").
3. Defendant Hayaa Snediker LLC is a New York limited liability
16th
company with its principal place of business at 5314 Avenue, Brooklyn, New York 11204
("Hayaa") which did at various relevant times own the Lot.
4. Beginning on or about April 2014, Hayaa owned the Lot.
5. From February 2020, to the present, CCMS owned the Lot.
6. Each of Hayaa and CCMS maintained the Lot in a fashion allo ing
(a) a radically irregular surface, not level from side to side or end to end, with loose sÿil into
which there were multiple dug out areas, multiple irregular concrete improvements, broken
concrete and other constructed surfaces and extensive debris, and made no attempt to level the
surface (the "Condition"), and (b) uncontrolled growth of vegetation without any
maintenance, further creating an irregular and changing surface (the "Vegetation").
1
2 of 5
FILED: KINGS COUNTY CLERK 03/16/2022 06:02 PM INDEX NO. 507841/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2022
7. From April 2014, until the present, each of Hayaa and CCMS allowed
the Condition of, and Vegetation on, the Lot to receive natural and artificial water in d fashion
that exacerbated the deterioration of, and created further irregularities in, the Lot, whibh
worsened at all relevant times (the "Deterioration").
8. The Condition, Vegetation and Deterioration of the Lot did, frc m April
2014, through the present constitute a nuisance as to the Building, causing water to pe netrate
it, saturate and deteriorate the surrounding soil, damage the adjacent supporting structures,
damage its foundation, allow vegetation to enter the Building and its foundation, all
undermining the structural integrity of the Building, threatening to destroy its integrity, and
requiring significant repair, retro-fitting and changes to the Building and its adjacent ground
and supporting structures (the "Nuisance").
9. Plaintiff did on multiple occasions put each of defendants on nÿtice that
the Nuisance had severely damaged the Building, and was continuing to damage the uilding.
10. CCMS did in 2021 reduce the Vegetation on the areas it claim d to
own but did not ameliorate the Nuisance in any significant way.
First Cause of Action - Nuisance
11. Plaintiff repeats and realleges here each and every allegation set forth
above.
12. Defendants, and each of them, have by virtue of the Nuisance
significantly interfered with plaintiff's use and enjoyment of the Building.
13. The Nuisance perpetrated by each of defendants has at all relevant
times been unreasonable in the context of the circumstances of the two properties, the
neighborhood and the value of the properties, and the threat presented to the Building
14. The Nuisance perpetrated by each of defendants has at all relevant
times been reckless in the context of the circumstances of the two properties, the
neighborhood and the value of the properties, and the threat presented to the and in
Building
3 of 5
FILED: KINGS COUNTY CLERK 03/16/2022 06:02 PM INDEX NO. 507841/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2022
light of the multiples notices plaintiff gave of the damage and ongoing threat.
15. The Nuisance perpetrated by each of defendants has at all relev t
times been actionable under principles of strict liability as unreasonably dangerous in the
context of the circumstances of the two properties, the neighborhood and the value of the
properties, and the threat presented to the Building, and in light of the multiples notices
plaintiff gave of the damage and ongoing threat.
Second Cause of Action - Trespass
16. Plaintiff repeats and realleges here each and every allegation set forth
above.
17. Defendants, and each of them, has erected and maintained a fence
between the Building and Lot such that it deprives plaintiff of the use of a portion of her
property running between the Building and the Lot and spanning approximately six feet in
width with access to the street along frontage improved an maintained by plaintiff anc its right
of way.
18. Plaintiff has repeatedly notified each of defendants that their fe ace and
other structures have deprived her of the use of a portion of her and right of *vay.
property
WHEREFORE, plaintiff prays that:
- CCMS be directed to abate the Nuisance the complete removal fr( m
by the
Lot of all Vegetation, concrete or other foreign material, and then of the Lot : uch that
leveling
no water can move from its surface towards the Building;
- CCMS be directed to restore to the all of the
Building land, access, and right
of way as plaintiff has used it for decades; and
- both defendants be found liable for all costs plaintiff has reasonably, ÿnd will
reasonably, to repair any damage caused by the Nuisance, in an amount to be proven at trial
but in excess of the jurisdictional threshold of this court against each defendant,
4 of 5
FILED: KINGS COUNTY CLERK 03/16/2022 06:02 PM INDEX NO. 507841/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2022
along with such other and further relief this court deems just and proper.
Dated: New York, New York
March 16, 2022
char aul Stone
ttorney for P at iff
1345 Avenue of the Americas - Suite 200
New York, New York 10105
(516) 642-1987
rps@stonecounsel.com
5 of 5
Preview
FILED: KINGS COUNTY CLERK 03/16/2022 06:02 PM INDEX NO. 507841/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______________-----------___________________--------________________- x CHERYL TURNER, SUMMONS Plaintiff, - against - COMMUNITY COUNSELING AND MEDIATION and HAYAA SNEDIKER LLC Defendants. __________________-----__-------____----__---__________________________----- YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on plaintiff within 20 days after the service of this summons, exclusive of the day of service, where service is made by delivery upon yog personally within the state or within 30 days after completion of service where service is made in any other manner. If you fail to appear or answer, judgment will be taken against u by default for the relief demanded in the complaint. Dated: New York, New York March 16, 2022 Richar Paul Stone Attorney fo aintiff 1345 Avenue of the Americas - Suite 200 New York, New York 10105 (516) 642-1987 To: Community Counseling and Mediation 25 Elm Place - Second Floor Brooklyn, New York 10175 Hayaa Snediker LLC 16"' 5314 Avenue Brooklyn, New York 11204 1 of 5 FILED: KINGS COUNTY CLERK 03/16/2022 06:02 PM INDEX NO. 507841/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____---___..---------------------_ __________--------------------------- Ç CHERYL TURNER, : COMPLAINT : Plaintiff, : - against - COMMUNITY COUNSELING AND MEDIATION and HAYAA SNEDIKER LLC : Defendants. X _______-____ __--------------------------------- ___--- ____- ________-__-______ Plaintiff Cheryl Turner, by her attorney Richard Paul Stone, Esq., alleges as her complaint as follows. 1. Plaintiff is an individual residing at 743 Snediker Avenue, Brooklyn, New York 11207 (the "Building"). 2. Defendant Counsel and Mediation is a New York not-for- Community profit corporation formed November 16, 1983, with its principal place of business at 25 Elm Place - Second New York 10175 which did at various relevant Floor, Brooklyn, ("CCMS") times own real property adjacent to the Building, block 3874 lots 1 and 3 (the "Lot"). 3. Defendant Hayaa Snediker LLC is a New York limited liability 16th company with its principal place of business at 5314 Avenue, Brooklyn, New York 11204 ("Hayaa") which did at various relevant times own the Lot. 4. Beginning on or about April 2014, Hayaa owned the Lot. 5. From February 2020, to the present, CCMS owned the Lot. 6. Each of Hayaa and CCMS maintained the Lot in a fashion allo ing (a) a radically irregular surface, not level from side to side or end to end, with loose sÿil into which there were multiple dug out areas, multiple irregular concrete improvements, broken concrete and other constructed surfaces and extensive debris, and made no attempt to level the surface (the "Condition"), and (b) uncontrolled growth of vegetation without any maintenance, further creating an irregular and changing surface (the "Vegetation"). 1 2 of 5 FILED: KINGS COUNTY CLERK 03/16/2022 06:02 PM INDEX NO. 507841/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2022 7. From April 2014, until the present, each of Hayaa and CCMS allowed the Condition of, and Vegetation on, the Lot to receive natural and artificial water in d fashion that exacerbated the deterioration of, and created further irregularities in, the Lot, whibh worsened at all relevant times (the "Deterioration"). 8. The Condition, Vegetation and Deterioration of the Lot did, frc m April 2014, through the present constitute a nuisance as to the Building, causing water to pe netrate it, saturate and deteriorate the surrounding soil, damage the adjacent supporting structures, damage its foundation, allow vegetation to enter the Building and its foundation, all undermining the structural integrity of the Building, threatening to destroy its integrity, and requiring significant repair, retro-fitting and changes to the Building and its adjacent ground and supporting structures (the "Nuisance"). 9. Plaintiff did on multiple occasions put each of defendants on nÿtice that the Nuisance had severely damaged the Building, and was continuing to damage the uilding. 10. CCMS did in 2021 reduce the Vegetation on the areas it claim d to own but did not ameliorate the Nuisance in any significant way. First Cause of Action - Nuisance 11. Plaintiff repeats and realleges here each and every allegation set forth above. 12. Defendants, and each of them, have by virtue of the Nuisance significantly interfered with plaintiff's use and enjoyment of the Building. 13. The Nuisance perpetrated by each of defendants has at all relevant times been unreasonable in the context of the circumstances of the two properties, the neighborhood and the value of the properties, and the threat presented to the Building 14. The Nuisance perpetrated by each of defendants has at all relevant times been reckless in the context of the circumstances of the two properties, the neighborhood and the value of the properties, and the threat presented to the and in Building 3 of 5 FILED: KINGS COUNTY CLERK 03/16/2022 06:02 PM INDEX NO. 507841/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2022 light of the multiples notices plaintiff gave of the damage and ongoing threat. 15. The Nuisance perpetrated by each of defendants has at all relev t times been actionable under principles of strict liability as unreasonably dangerous in the context of the circumstances of the two properties, the neighborhood and the value of the properties, and the threat presented to the Building, and in light of the multiples notices plaintiff gave of the damage and ongoing threat. Second Cause of Action - Trespass 16. Plaintiff repeats and realleges here each and every allegation set forth above. 17. Defendants, and each of them, has erected and maintained a fence between the Building and Lot such that it deprives plaintiff of the use of a portion of her property running between the Building and the Lot and spanning approximately six feet in width with access to the street along frontage improved an maintained by plaintiff anc its right of way. 18. Plaintiff has repeatedly notified each of defendants that their fe ace and other structures have deprived her of the use of a portion of her and right of *vay. property WHEREFORE, plaintiff prays that: - CCMS be directed to abate the Nuisance the complete removal fr( m by the Lot of all Vegetation, concrete or other foreign material, and then of the Lot : uch that leveling no water can move from its surface towards the Building; - CCMS be directed to restore to the all of the Building land, access, and right of way as plaintiff has used it for decades; and - both defendants be found liable for all costs plaintiff has reasonably, ÿnd will reasonably, to repair any damage caused by the Nuisance, in an amount to be proven at trial but in excess of the jurisdictional threshold of this court against each defendant, 4 of 5 FILED: KINGS COUNTY CLERK 03/16/2022 06:02 PM INDEX NO. 507841/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2022 along with such other and further relief this court deems just and proper. Dated: New York, New York March 16, 2022 char aul Stone ttorney for P at iff 1345 Avenue of the Americas - Suite 200 New York, New York 10105 (516) 642-1987 rps@stonecounsel.com 5 of 5