Opinion
INDEX NO. 157016/2020
12-04-2020
256 EAST 10TH STREET NY LLC Plaintiff, v. GARVEY RICH, Defendant.
NYSCEF DOC. NO. 16 PRESENT: HON. DAVID BENJAMIN COHEN Justice MOTION DATE N/A MOTION SEQ. NO. 001
DECISION + ORDER ON MOTION
The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 were read on this motion to/for INJUNCTION/RESTRAINING ORDER. Upon the foregoing documents:
Plaintiff 256 EAST 10TH STREET NY LLC ("Plaintiff") having moved this Court by order to show cause for an order granting a preliminary injunction against defendant GARVEY RICH ("Defendant") directing Defendant:
a) to provide unfettered access to the Plaintiff, its agents, employees and contractors to Defendant's apartment 6C, 256 East 10th Street, New York, New York 10009 (the "Apartment") for the purpose of repairing and correcting violations placed against the subject apartment by the New York City Department of Housing Preservation and Development ("HPD"); andand the matter having come on to be heard on November 30, 2020, and Defendant having appeared in opposition thereto;
b) to not interfere with the repair and correction of the HPD violations by Plaintiff, its agents, employees and contractors in the Apartment;
The Court having read and filed the amended order to show cause, signed October 23, 2020, the affidavit of Mitchell Rothken, sworn to on the 1st day of September 2020 in support of Plaintiff's motion, and the affirmation of Dean Dreiblatt, dated September 1, 2020, in support of Plaintiff's motion, together with the exhibits annexed thereto; and Defendant not having submitted papers in opposition to Plaintiff's motion and the Court having heard oral argument of Plaintiff's motion on November 30, 2020; and
Due deliberation having been had herein, and the Court having rendered its decision, and the Court having directed Plaintiff to submit a proposed order;
NOW, it is hereby,
ORDERED, that Defendant shall provide unfettered access to the Apartment to Plaintiff, its agents, employees and contractors on December 7, 2020, December 8, 2020, December 9, 2020, December 10, 2020, and December 11, 2020, between the hours of 8:00 a.m. through 12:00 p.m. (the "Access Dates") on each day to repair and correct the following HPD violations (the "HPD Violations"):
| Severity | Condition | Date issued |
|---|---|---|
| B | repair or replace the carbon monoxide detectingdevice(s). | 2020/10/21 |
| B | repair or replace the smoke detector | 2020/10/21 |
| C | abate the infestation consisting of mice in theentire apartment | 2020/10/21 |
| C | install the missing or repair/replace thedefective window guard(s) | 2020/10/21 |
| C | install the missing or repair/replace thedefective window guard(s) | 2020/09/21 |
| B | repair or replace the smoke detector | 2020/09/21 |
| B | repair or replace the carbon monoxidedetecting device(s). | 2020/09/21 |
| C | abate the infestation consisting of mice in theentire apartment | 2020/09/21 |
| C | abate the infestation consisting of roaches inthe entire apartment | 2020/09/21 |
| A | paint metal in accordance with dept. regulationat 1st riser from west at north wall, 1st radiator | 2020/09/21 |
| from west at north wall in the 1st room fromnorth at east | ||
| B | properly repair with similar material thebroken or defective wood floor in the 3rdroom from north | 2020/09/21 |
| B | provide a safe and adequate supply of electricservice to the fixtures at the ceiling in the 2ndroom from north | 2020/08/14 |
| B | provide a safe and adequate supply of electricservice to the fixtures at the ceiling in the 1stroom from north | 2020/08/14 |
| B | provide a safe and adequate supply of electricservice to the fixtures at the ceiling in thekitchen | 2020/08/14 |
| C | abate the infestation consisting of mice | 2020/08/14 |
| B | repair or replace the carbon monoxidedetecting device(s). | 2020/08/12 |
| B | repair or replace the smoke detector | 2020/08/12 |
| B | provide a safe and adequate supply of electricservice to the fixtures at wall fixture andceiling in the bathroom | 2020/08/06 |
| B | provide a safe and adequate supply of electricservice to the fixtures all wall outlets andceiling fixtures in the 2nd room from north | 2020/08/06 |
| B | provide a safe and adequate supply of electricservice to the fixtures all wall outlets andceiling fixtures in the 2nd room from north | 2020/08/06 |
ORDERED, that Defendant shall provide unfettered access to the Apartment to Plaintiff, its agents, employees and contractors on the Access Dates for the inspection of the following HPD lead paint violations and HPD violations relating to peeling paint on walls (the "Lead Related Violations"):
| Severity | Condition | Date issued |
|---|---|---|
| A | paint with light colored paint to the satisfaction of thisdepartment all peeling paint surfaces in the 1st roomfrom north at east, the bathroom | 2020/10/21 |
| C | correct the lead-based paint hazard - paint that testedpositive for lead content and that is peeling or on adeteriorated subsurface - 1st window frame from east atsouth wall in the kitchen | 2020/10/21 |
| A | paint with light colored paint to the satisfaction of thisdepartment all peeling paint surfaces in the kitchen | 2020/09/21 |
| A | paint with light colored paint to the satisfaction of thisdepartment at picture moulding at north wall in the 1stroom from north at east | 2020/09/21 |
| B | repair the broken or defective plastered surfaces and paintin a uniform color at west wall in the 1st room from northat east | 2020/09/21 |
| C | correct the lead-based paint hazard - paint that testedpositive for lead content and that is peeling or on adeteriorated subsurface north wall in the 1st room fromnorth at east. | 2020/09/21 |
And it is further
ORDERED that the plaintiff shall repair the following addition conditions raised by the defendant:
Mold or moldlike condition in the bathtub and kitchen sink areas;
Broken or defective tiles in the kitchen floor;
Broken and loose toilet in the bathroom; and
Clean dirty and replace broken window screens
And it is further
ORDERED, Defendant shall not interfere with the repair and correction of the HPD Violations and the inspection of the Lead Related Violations by Plaintiff, its agents, employees and contractors in the Apartment; and, it is further,
ORDERED, this Order is without prejudice to Plaintiff seeking further leave of Court for an order directing Defendant to provide access to Plaintiff, its agents, employees and contractors to safely repair and/or cure the Lead Related Violations. 12/4/2020
DATE
/s/ _________
DAVID BENJAMIN COHEN, J.S.C.