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Department of Hous. Preserv. & Dev. of the City of N.Y. v. 337-341 E. 146 Realty LLC
Department of Hous. Preserv. & Dev. of the City of N.Y. v 337-341 E. 146 Realty LLC 2025 NY Slip Op 31250(U) April 9, 2025 Civil Court of the City of New York, Bronx County Docket Number: Index No. 310518-24/BX Judge: Travis J. Arrindell Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025
CIVIL COURT OF TH E CITY OF EW YORK COUNTY OF BRONX. HOUSING PART H ------------------------------------------------------------------X DEPARTME T OF HOUSJ G PRESERVATION AND DEVELOPMENT OF THE CITY OF N EW YORK, Index No. : 310518-24/BX Petitioner, DECISION/ORDER -against- SUBJECT PREMISES: 337EAST 146STREET 337-341 EAST 146 REALTY LLC, BRO NX, NY 10451 MOTT HAVE GROUP LLC, DA YID KLE I ER, YONAHROTH, SAM SCHEI ER,
Respondents . ------------------------------------------------------------------X
Present: HON. T RAVIS J. ARRINDELL Judge, Housing Court
Rec itati on, as required by CPLR §2219(A), of the papers considered in the review of Respondents ' Motion to Dismiss and Petitioner ' s Cross-Moti on for Partial Summary Judgment: Papers
Respondents Motion ( umbered 23-26 on NYSCEF) ... ..... .. ...... ........ ..... ... .. .. .. ... ... .. ... .. l Petitioner's Cross Motion and Opposition (Numbered 27-32 on NYSCEF) ........... .... ... .. 2_ Respondents ' Opposition ( umbered 33-36 on YSCEF) ...... ............. .. ................. .. ..... ... ]. Petitioner's Repl y (Numbered 37 on YSCEF) ....... . .... .. ....... .. ... ... . .... .. .. .... .... . ... . ± Other (Numbered 8, 11 , and 15-20 on YSCEF) ....... ...................... ... .... . ... ....... ... -5_
Upon the foregoing cited papers, the decision/order on this motion is as follows:
Service of the Notice of Petition and Petition
CPLR § 308 (4) states: If personal service upon a natural person cannot be made by delivering the summons within the state upon the person to be served or by delivering the summons within the state to a person of suitable age and discretion with due diligence, then personal service maybe attained , by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at hi s or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business.
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FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025
A process server' s affidavit indicating that they served Respondents in accordance with CPLR § 3 08 (4 ), constitutes prima facie evidence of proper service. 1 Where a defendant fails to specifically refute the contents of the affidavit of service or substantiate his conc!usory allegation, the court can properly deny defendant' motion without conducting a hearing on the issues of service. 2 In addition, no traverse hearing is required where there is no sworn affidavit of denial by the party challenging service. 3 As an initial matter, since Respondent David Kleiner ("Kleiner") is the only individual who submitted a sworn verification to the answer denying service, the remaining discussion shall only deal with the motion to dismiss as it applies to him. Without any sworn affidavits from Respondents Yonah Roth and Sam Scheiner, a traverse hearing is not required for them. 4
Additionally , since Kleiner, on behalf of the corporate Respondents 337-341 East 146 Realty LLC, and Mott Haven Group LLC, does not deny the process server' s service affidavit upon them through New York's Secretary of State, it is also unnecessary to conduct a traverse hearing for the corporate Respondents. 5 A review of the process server's affidavit for the otice of Electronic Filing, the Order to Show Cause, and the Verified Petition with Exhibits (herein known as the "Doci:ments" ) demonstrates they served Kleiner pursuant to § 308 (4 ). The affidavit indicates conspicuous- place service. on March 26, 2024, at 3 :39 PM .6 The process server stated he posted the documents to the door of the address at 1417 Avenue J, Brooklyn NY 11230 ("Service Address"') .7 The process server stated that an individual at the service address "did not want to accept service" of the papers. 8 He stated that the documents "were posted to a 7 floor building, glass door black frame silver intercom." 9 He further stated that the documents were posted .. to [the] glass building door" and described the building as having cream and gray walls, with gray ° flooring. 1 Finally, the process server affirmed that on March 29, 2024, he mailed true copies of the documents indicated above by first class mail. 11 The process server's affidavit appears facially sufficient and therefore raises a presumption of proper service. Kleiner, in his verified answer, failed to rebut the presumption of proper service. They failed to specifically refute the contents of Petitioner's affidavit of service. The Court first notes that Kleiner, except for how many floors the service address contains, does not refute any of the assertions made by the process server. Kleiner does not deny: (I) receiving service of the documents; (2) the date and time the process erver posted the documents to the service address; (3) that the process server posted the documents to the glass door at the service address ; (4) that the glass door has a black frame; (5) that near the door is a silver intercom; (6) that an individual refused to accept the document' s service; or (7) that located at the service address are cream and gray walls with gray flooring.
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX [* 8] NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 EXHIBIT A 8 of 21
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 337 East 146 Street, Bronx, 10451 Generated on 04/09/2025 ~· INC -- ·-· Building Details
STATUS REG# RANGE BIN BLOCK LOT CENSUS TRACT Active 215262 335-337 2000883 2329 96 65 STORIES A UN ITS B UNITS CD CLASS OWNERSHIP BUILDING ID 5 28 0 B PVT 63479
Property Owner Registration Information Registration Expiry Date 09/01/2025 Last Registration Date 08/15/2024
OWNER ORGANIZATION NAME ADDRESS
Head Officer Heman Lefkowitz POB 319 null, Brooklyn, 11204
Corporation 337-341 EAST 146 REAL TY LLC - POB 319 null, Brooklyn , 11204
Managing Agent Joshua Pomerantz POB 319 null, Brooklyn , 11204
Open Violations (96) A=12, 8=40, C=44, l=0
VIOLATION ID CLASS ORDER# APT# STORY# REPORTED NOV ISSUED DATE DATE NOVID NOV TYPE CORRECTION CERTIFICATION VIOLATION VIOLATION ACTUAL BY DATE BY DATE STATUS STATUS DATE CERT. DATE VIOLATION DESCRIPTION
11959092 B 569 7 2 09/03/2017 09/07/2017
5843253 ORIGINAL 10/12/20 17 10/26/2017 NOT COMPLIED 11 /23/2023 § 27-2018 admin . code: abate th e nuisance consisting of mice located at apt 7, 2nd story, 2nd apartm ent from east at south
12274088 B 550 27 5 03/06/2018 03/12/2018
6036270 ORIGINAL 04/16/2018 04/30/2018 1 NO ACCESS 12/02/2023 § 27-2005 hmc:trace and repa ir the source and abate the nuisance consisting of mold ... at ceiling in th e bathroom located at apt 27, 5th story, 2nd apartment from north at east
12285392 B 510 12 2 03/13/2018 03/19/2018
6043061 ORIGINAL 04/23/2018 05/07/2018 NOT COMPLIED 11 /23/2023 § 27-2005 adm code & 309 m/d law abate the nuisance consisting of extension cord stapled to west wall and running to north wall in danger of creating fi re hazard in the 4th room from east located at apt 12, 2nd story, 1st apartment from north at east
12285396 B 569 12 2 03/13/2018 03/15/2018
6039937 ORIGINAL 04/19/2018 05/03/2018 NOT COMPLIED 11 /23/2023 § 27-2018 adm in. code: abate the nuisance consisting of mice located at apt 12, 2nd story, 1st apartment from north at east
Page 1 of 13 [* 9] 9 of 21 ONLIU
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 337 East 146 Street, Bronx, 10451 NVC Generated on 04/09/2025
VIOLATION ID CLASS ORDER# APT# STORY# REPORTED NOV ISSUED DATE DATE NOVID NOV TYPE CORRECTION CERTIFICATION VIOLATION VIOLATION ACTUAL BY DATE BY DATE STATUS STATUS DATE CERT. DATE VIOLATION DESCRIPTION
12457415 B 550 7 2 06/29/2018 07/03/2018
6130041 ORIGINAL 08/07/2018 08/21 /2018 DEFECT LETTER 11 /23/2023
§ 27-2005 hmc:trace and repair the source and abate the nuisance consisting of mold .. . approximately 18 sq .ft at west wall , south wall in the bathroom located at apt 7, 2nd story , 2nd apartment from east at soutr.
12487561 B 569 12 2 07/19/2018 07/23/2018
6146400 ORIGINAL 08/27/2018 09/10/2018 NOT COMPLIED 11/23/2023
§ 27-2018 admin . code: abate the nu isance consisting of mice in the entire apartment located at apt 12, 2nd story, 2nd apartment from south at west
13226064 A 556 6 08/ 13/2019 08/1 5/2019
6572904 ORIGINAL 11/18/2019 12/02/2019 NOT COMPLIED 11 /23/2023
§ 27-2013 adm code paint with light colored paint to the satisfaction of this department ceiling in the kitchen located at apt 6, 1st story, 1st apartment from sou th at west
13226049 A 502 6 08/13/2019 08/ 15/2019
6572904 ORIGINAL 11 / 18/2019 12/02/2019 NOT COMPLIED 11 /23/2023
§ 27-2005 adm code properly repair with similar material the broken or defective ceramic floor tiles, at walk area in the bathroom located at apt 6, 1st story, 1st apartmen t from south at west
13226053 B 583 6 08/13/2019 08/15/2019
6572905 ORIGINAL 09/ 19/2019 10/03/2019 NOT COMPLIED 11 /23/2023
§ 27-2026, 2027 hmc: properly repair the source and abate the evidence of a water leak at cei ling in the kitchen located at apt 6, 1st story, 1st apartment from south at west
13226068 C 569 6 08/13/2019 08/ 15/2019
6572907 ORIGINAL 09/05/2019 09/10/2019 NOT COMPLIED 11/23/2023
hmc adm code:§ 27-2017.4 abate the infestation consisting of mice in the entire apartment located at apt 6, 1st story, 1st apartment from south at west
13879231 C 618 30 11 /03/2020 11 /04/2020
6997254 ORIGINAL 11 /08/2020 11/13/2020 NOV SENT 11/04/2020
§ 27-2056.7 adm code: correct failure to provide to the department within 45 days of demand all records required to be maintained by owner pursuant to local law 1 of 2004 related to lead-based paint notices, inspections and remediation/abatement activities.
13884157 C 568 29 5 11 /06/2020 11 /09/2020
7000327 ORIGINAL 12/05/2020 12/10/2020 NOT COMPLIED 11/23/2023
hmc adm code : § 27-2017.4 abate the infestation consisting of roaches in the entire apartment located at apt 29 , 5th story , 2nd apartment from south at west
Page 2 of 13 [* 10] 10 of 21
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 337 East 146 Street, Bronx, 10451 Generated on 04/09/2025
VIOLATION ID CLASS ORDER# APT# STORY# REPORTED NOV ISSUED DATE DATE NOVID NOV TYPE CORRECTION CERTIFICATION VIOLATION VIOLATION ACTUAL BY DATE BY DATE STATUS STATUS DATE CERT. DATE VIOLATION DESCRIPTION
14027939 C 569 7 2 02/09/2021 02/17/2021
7090876 ORIGINAL 03/15/2021 03/20/2021 NOT COMPLIED 11 /23/2023 hmc adm code:§ 27-2017.4 abate the infestation consisting of mice in the entire apartment located at apt 7, 2nd story, 2nd apartment from north at east
14027945 C 568 7 2 02/09/2021 02/17/2021
7090876 ORIGINAL 03/15/2021 03/20/2021 NOT COMPLIED 11 /23/2023 hmc adm code:§ 27-2017.4 abate the infestat ion consisting of roaches in the entire apartment located at apt 7, 2nd story, 2nd apartment from north at east
14517107 C 568 4 08/25/2021 08/26/2021
7453541 ORIGINAL 09/21/2021 09/26/2021 NOT COMPLIED 12/02/2023
hmc adm code : § 27-2017.4 abate the infestation consisting of roaches located at apt 4, 1st story, 1st apartment from west at north
14596271 C 568 18 3 09/28/2021 09/30/2021
7495892 ORIGINAL 10/26/2021 10/31 /2021 NOT COMPLIED 11/23/2023 hmc adm code: § 27-2017.4 abate the infestation consisting of roaches located at apt 18, 3rd story, 1st apartment from south at west
14762928 C 568 12 2 0 1/09/2022 01 /10/2022
7600977 ORIGINAL 02/05/2022 02/10/2022 NOT COMPLIED 11/23/2023 hmc adm code:§ 27-2017.4 abate the infestation consisting of roaches in the entire apartment located at apt 12, 2nd story , 1st apartment from south at west
14779624 C 569 12 2 01 / 13/2022 01 /18/2022
7608055 ORIGINAL 02/13/2022 02/ 18/2022 NOT COMPLIED 11 /23/2023
hmc adm code:§ 27-2017.4 abate the infestation consisting of mice in the entire apartment located at apt 12, 2nd story, 1st apartment from west at north
14829214 B 508 12 2 02/09/2022 02/ 10/2022
7634913 ORIGINAL 03/17/2022 03/31 /2 022 NOT COMPLIED 11 /23/2023
§ 27-2005 adm code repa ir the broken or defective plastered surfaces and paint in a uniform color at west wall in the kitchen located at apt 12, 2nd story, 1st apartment from west at north
14829212 C 569 12 2 02/09/2022 02/ 10/2022
7634914 ORIGINAL 03/08/2022 03/13/2022 NOT COMPLIED 11 /23/2023 hmc adm code:§ 27-2017.4 abate the infestation consisting of mice located at apt 12, 2nd story, 1st apartment from west at north
Page 3 of 13 OMLINl [* 11] 11 of 21
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 337 East 146 Street, Bronx, 10451 IIVC Generated on 04/09/2025 -·- ·- ~ '#'
VIOLATION ID CLASS ORDER# APT# STORY# REPORTED NOV ISSUED DATE DATE NOVID NOV TYPE CORRECTION CERTIFICATION VIOLATION VIOLATION ACTUAL BY DATE BY DATE STATUS STATUS DATE CERT . DATE VIOLATION DESCRIPTION
14829215 B 508 12 2 02/09/2022 02/10/2022
7634913 ORIGINAL 03/17/2022 03/31/2022 NOT COMPLIED 11 /23/2023
§ 27-2005 adm code repa ir the broken or defective plastered surfaces and paint in a uniform color at north wall , south wall in the bathroom located at apt 12, 2nd story, 1st apartment from west at north
14829271 A 556 12 2 02/09/2022 02/10/2022
7634912 ORIGINAL 05/16/2022 05/30/2022 NOT COMPLIED 11/23/2023
§ 27-2013 adm code paint with light colored paint to the satisfaction of this department all peeling paint surfaces in the kitchen , the bathroom located at apt 12, 2nd story, 1st apartment from west at north
15282162 C 670* 12 2 07/28/2022 07/29/2022
7987294 ORIGINAL 07/29/2022 08/ 10/2022 NOT COMPLIED 11 /25/2023
§ 27-203 1 adm code provide hot water at all hot water fixtures in the entire apartment located at apt 12, 2nd story , 1st apartment from south at west
15418045 C 569 12 2 10/06/2022 10/1 1/2022
8066112 ORIGINAL 11/06/2022 11/11 /2022 NOT COMPLIED 11 /23/2023
hmc adm code:§ 27-2017.4 abate the infestation consisting of mice in the entire apartment located at apt 12, 2nd story, 1st apartment from west at north
15418161 C 568 12 2 10/06/2022 10/ 11 /2022
8066112 ORIGINAL 11 /06/2022 11/11 /2022 NOT COMPLIED 11 /23/2023
hmc adm code:§ 27-2017.4 abate the infestation consisting of roaches in the entire apartment located at apt 12, 2nd story, 1st apartment from west at north
15411518 A 556 10/07/2022 10/11 /2022
8066107 ORIGINAL 0 1/14/2023 01 /28/2023 NOT COMPLIED 11 /23/2023
§ 27-2013 adm code paint with light colored paint to the satisfaction of this department at ceiling at public hall, 1st story
15488338 C 568 4 11 /10/2022 11 /14/2022
8 147240 ORIGINAL 12/ 10/2022 12/15/2022 NOT COMPLIED 12/02/2023
hmc adm code:§ 27-2017.4 abate the infestation consisting of roaches in the entire apartment located at apt 4 , 1st story, 1st apartment from east at south
15585501 B 550 12 2 11 /26/2022 11 /28/2022
8199564 ORIGINAL 01/02/2023 01 / 16/2023 NOT COMPLIED 11 /23/2023
§ 27-2017.3 hmc: trace and repair the source and abate the visible mold cond ition ... approx 2 sqft at west wall in the bathroom located at apt 12, 2nd story, 1st apartment from south at west original violation 15282164 issued 28-jul-22 has been upgraded to class b per administrative code §27-2017.3a(3)(a) or (b) .
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FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 337 East 146 Street, Bronx, 10451 Generated on 04/09/2025
VIOLATION ID CLASS ORDER# APT# STORY# REPORTED NOV ISSUED DATE DATE NOVID NOV TYPE CORRECTION CERTIFICATION VIOLATION VIOLATION ACTUAL BY DATE BY DATE STATUS STATUS DATE CERT. DATE VIOLATION DESCRIPTION
15596559 C 670* 12 2 12/06/2022 12/12/2022
8214780 ORIGINAL 12/07/2022 12/19/2022 NOT COMPLIED 11/25/2023
§ 27-2031 adm code provide hot water at all hot water fixtures in the entire apartment located at apt 12, 2nd story, 1st apartment from west at north
15596563 C 568 12 2 12/06/2022 12/08/2 022
8212355 ORIGINAL 01/03/2023 01/08/2023 NOT COMPLIED 11/23/2023
hmc adm code:§ 27-2017.4 abate the infestation consisting of roaches in the entire apartme nt located at apt 12, 2nd story, 1st apartment from west at north
15596561 C 569 12 2 12/06/2022 12/08/2022
8212355 ORIGINAL 01/03/2023 01/08/2023 NOT COMPLIED 11/23/2023
hmc adm code:§ 27-2017.4 abate the infestation consisting of mice in the entire apartment located at apt 12, 2nd story, 1st apartment from west at north
15610839 C 670* 12 2 12/1 4/2022 12/ 15/2022
8219215 ORIGINAL 12/ 15/2022 12/27/2022 NOT COMPLIED 11/25/2023
§ 27-2031 adm code provide hot water at all hot water fixtures in the entire apartment located at apt 12 , 2nd story, 1st apartment from south at we st
16067738 C 569 7 2 06/29/2023 06/30/2023
8542295 ORIGINAL 07/26/2023 07/31 /2023 NOT COMPLIED 11 /23/2023
hmc adm code : § 27-2017.4 abate the infestation consisting of mice in the entire apartment located at apt 7, 2nd story , 2nd apartment from east at south
16067737 C 568 7 2 06/29/2023 06/30/2023
8542295 ORIGINAL 07/26/2023 07/31 /2023 NOT COMPLIED 11/23/2023
hmc adm code:§ 27-2017.4 abate the infestation consisting of roaches in the entire apartment located at apt 7, 2nd story, 2nd apartment from east at south
16119266 A 556 7 2 06/29/2023 07/21 /2023
8567942 ORIGINAL 10/24/2023 11/07/2023 NOV SENT 07/21 /2023
§ 27-2013 adm code paint with light colored paint to the satisfaction of this department the north wall in the bathroom located at apt 7, 2nd story, 2nd apartment from east at south
16078295 C 617 7 2 06/29(2023 06/30/2023
8542293 ORIGINAL 07/24/2023 07/29/2023 OPEN 11 / 15/2023
§ 27-2056.6 adm code - correct the lead -based paint hazard - paint that tested positive for lead content and that is peeling or on a deteriorated subsurface - using work practices set forth in 28 rcny §11-06(b)(2) ceiling in the foyer located at apt 7, 2nd story, 2nd apartment from east at south
Page 5 of 13 [* 13] 13 of 21
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 ll¥C 337 East 146 Street, Bronx, 10451 ~· Generated on 04/09/2025 ·- Ne,,-"P,I~
ORDER# APT# STORY# REPORTED NOV ISSUED VIOLATION ID CLASS DATE DATE
NOV TYPE CORRECTIO N CERTIFICAT ION VIOLATION VIOLATION ACTUAL NOVID BY DATE BY DATE STATUS STATUS DATE CERT.DATE
VIOLATION DESCRIPTIO N
8 501 07/26/2023 07/31/2023 16123239
8578310 ORIGINAL 09/04/2023 09/18/2023 NOT COMPLIED 11 /23/2023
§ 27-2005 hmc: properly repair or replace the broken or defective mail box number 29 at public hall, 1st story
16122535 A 556 5 07/26/2023 07/27/2023
8574850 ORIGINAL 10/30/2023 11 / 13/2023 NOV SENT 07/27/20 23
§ 27-2013 adm code paint with light colored paint to the satisfaction of this department at ceiling at public hall , 5th story
16122524 C 568 29 5 07/26/2023 07/27/2023
8574854 ORIGINAL 08/22/2023 08/27/2023 NOT COMPLIED 11/23/2023 apt 29 , 5th story, hmc adm code:§ 27-2017.4 abate the infestation consisting of roaches in the entire apartment located at 2nd apartment from south at west
16122525 B 501 29 5 07/26/2023 07/27/20 23
8574853 ORIGINAL 08/31/2023 09/14/2023 NOT COMPLIED 11/23/2 023 room from north § 27-2005 hmc: properly repair or replace the broken or defective electrical light fixture at ceiling in the 1st at west located at apt 29 , 5th story, 2nd apartment from south at west
16122530 B 501 29 5 07/26/2023 07/27/2023
8574853 ORIGINAL 08/31 /2023 09/ 14/2023 NOT COMPLIED 11 /23/2023
§ 27-2005 hmc: properly repair or replace the broken or defective electrical outlet at south wall in the kitchen located at apt 29 , 5th story, 2nd apartment from south at west
161 22526 B 501 29 5 07/26/2023 07/27/2023
8574853 ORIGINAL 08/31 /2023 09/14/2023 NOT COMPLIED 11/23/2023 north § 27-2005 hmc: properly repair or replace the broken or defective electrical light fi xtu re at ceiling in the 1st room from at east located at apt 29, 5th story , 2nd apartment from south at west
16122529 B 501 29 5 07/26/2023 07/27/2023
8574853 ORIGINAL 08/31/202 3 09/14/2023 NOT COMPLIED 11 /23/2023 at § 27-2005 hmc: properly repair or replace the broken or defective electrical light fixture at ceil ing in the kitchen located apt 29 , 5th story, 2nd apartment from south at west
16122531 B 501 29 5 07/26/2023 07/27/2023
8574853 ORIGINAL 08/31/2023 09/14/2023 NOT COMPLIED 11 /23/2023
§ 27-2005 hmc: properly repair or replace the broken or defective spring balance at lower window sash in the bathroom located at apt 29, 5th story , 2nd apartment from south at west
16122534 B 502 5 07/26/2023 07/27/2023
8574852 ORIGINAL 08/31/2023 09/14/2023 NOT COMPLIED 11/23/2023 at public § 27-2005 adm code properly repair with similar material the broken or defective fire retardant material at ceiling hall, 5th story
Page 6 of 13 14 of 21 ~ aNL IN I [* 14]
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 337 East 146 Street, Bronx, 10451 NVC ~,., Generated on 04/09/2025 Mc---- . .._.
VIOLATION ID CLASS ORDER# APT# STORY# REPORTED NOV ISSUED DATE DATE NOVID NOV TYPE CORRECTION CERTIFICATION VIOLATION VIOLATION ACTUAL BY DATE BY DATE STATUS STATUS DATE CERT. DATE VIOLATION DESCRIPTION
16122532 A 553 29 5 07/26/2023 07/27/2023
8574851 ORIGINAL 10/30/2023 11/13/2023 NOV SENT 07/27/2023
§ 27-2011 adm code cleanse to the satisfaction of this department the mold on grout around bathtub at east and south walls in the bathroom located at apt 29, 5th story , 2nd apartment from south at west
16237132 B 552 Yards/ Courts 09/20/2023 09/21/2023
8646601 ORIGINAL 10/26/2023 11/09/2023 NOV SENT 09/21/2023
§ 27-2010 , 2011 , 2012 adm code remove the accumulation of refuse and/or rubbish and maintain in a clean condition the household items and rubbish at rear yard
16237134 C 569 09/20/2023 09/21 /2023
8646602 ORIGINAL 10/ 17/2023 10/22/2023 NOV SENT 09/21 /2023
hmc adm code:§ 27-2017.4 abate the infestation consisting of mice at public hall, 1st story
16237133 C 568 09/2012023 09/21 /2023
8646602 ORIGINAL 10/17/2023 10/22/2023 NOV SENT 09/21/2023
hmc adm code : § 27-2017.4 abate the infestation consisting of roaches at public hall , 1st story
16279564 B 702 29 5 10/03/2023 10/04/2023
8667473 ORIGINAL 11/08/2023 11/22/2023 NOV SENT 10/04/2023
§ 27-2045 adm code repair or replace the smoke detector inoperable in the entire apartment located at apt 29, 5th story, 2nd apartment from south at west
16279562 C 569 29 5 10/03/2023 10/04/2023
8667475 ORIGINAL 10/30/2023 11/04/2023 NOi SENT 10/04/2023
hmc adm code : § 27-2017.4 abate the infestation consisting of mice in the entire apartment located at apt 29, 5th story, 2nd apartment from south at west
16279563 C 568 29 5 10/0312023 10/04/2023
8667475 ORIGINAL 10/30/2023 11/04/2023 NOi SENT 10/04/2023
hmc adm code : § 27-2017.4 abate the infestation consisting of roaches in the entire apartment located at apt 29, 5th story, 2nd apartment from south at west
16279561 B 502 29 5 10/03/2023 10/04/2023
8667473 ORIGINAL 11/08/2023 11/22/2023 NOV SENT 10/04/2023
§ 27-2005 adm code properly repair with similar material the broken or defective ceramic tiled east wall in the bathroom located at apt 29, 5th story, 2nd apartment from south at west
16279554 B 508 29 5 10/03/2023 10/04/2023
8667473 ORIGINAL 11 /08/2023 11/22/2023 NOV SENT 10/04/2023
§ 27-2005 adm code repair the broken or defective plastered surfaces and paint in a uniform color at ceiling in the 1st room from north at west located at apt 29, 5th story, 2nd apartment from south at west
Page 7 of 13 0 NLIU [* 15] 15 of 21
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 337 East 146 Street, Bronx, 10451 NYC Generated on 04/09/2025
CLASS ORDER# APT# STORY# REPORTED NOV ISSUED VIOLATION ID DATE DATE NOV TYP E CORRECTIO N CERTIFICATION VIOLATION VIOLATION ACTUAL NOVID BY DATE BY DATE STATUS STATUS DATE CERT. DATE VIOLATION DESCRIPTION
16279560 B 742* 29 5 10/03/2023 10/04/2023
8667473 ORIGINAL 11 /08/2023 11 /22/2023 NOV SENT 10/04/2023 5th story, § 27-2070 adm code provide an adequate supply of gas to the fixtures at range in the kitchen located at apt 29, 2nd apartment from south at west
16279565 B 1503 29 5 10/03/2023 10/04/2023
8667473 ORIGINAL 11/08/2023 11 /22/2023 NOV SENT 10/04/2023 located at § 27-2046.1 hmc: repair or replace the carbon monoxide detecting device(s) . inoperable in the entire apartment apt 29, 5th story, 2nd apartment from south at west
16279551 B 508 29 5 10/03/2023 10/04/2023
8667473 ORIGINAL 11/08/2023 11/22/2023 NOV SENT 10/04/2023
§ 27-2005 adm code repa ir the broken or defective plastered surfaces and paint in a un iform color at south wall in the bathroom located at apt 29, 5th story, 2nd apartment from south at west
16284046 B 508 29 5 10/03/2023 10/04/2023
8667473 ORIGINAL 11/08/2023 11/22/2023 NOV SENT 10/04/2023
§ 27-2005 adm code repair the broken or defective plastered surfaces and paint in a uniform color at west wall , south wall in the bathroom located at apt 29, 5th story, 2nd apartment from south at west
16289193 C 617 29 5 10/03/2023 10/04/2023
8667474 ORIGINAL 10/28/2023 11 /02/2023 CIV10 MAILED 11 /20/2023 10/30/2023 is peeling or § 27-2056.6 adm code - correct the lead-based paint hazard - paint that tested positive for lead content and that baseboard at west wall in the on a deteriorated subsurface - using work practices set forth in 28 rcny § 11-06(b )(2) bathroom located at apt 29 , 5th story, 2nd apartment from south at west
16289192 C 617 29 5 10/03/2023 10/04/2023
8667474 ORIGINAL 10/28/2023 11/02/2023 CIV10 MAILED 11 /20/2023 10/30/2023 peeling or § 27-2056.6 adm code - correct the lead-based paint hazard - paint that tested positive for lead content and that is set forth in 28 rcny § 11 -06(b )(2) east wall in the 2nd room from on a deteriorated subsurface - using work practices north at west located at apt 29, 5th story, 2nd apartment from south at west
16289189 C 617 29 5 10/03/2023 10/04/2023
8667474 ORIGINAL 10/28/2023 11/02/2023 CIV10 MAILED 11 /20/2023 10/30/2023 or § 27-2056.6 adm code - correct the lead-based paint hazard - paint that tested positive for lead content and that is peeling on a deteriorated subsurface - using work practices set forth in 28 rcny § 11-06(b )(2) north wall in the 1st room from north at west located at apt 29 , 5th story , 2nd apartment from south at west
16284044 B 508 29 5 10/03/2023 10/04/2023
8667473 ORIGINAL 11/08/2023 11/22/2023 NOV SENT 10/04/2023
§ 27-2005 adm code repair the broken or defective plastered surfaces and paint in a uniform color at north wall, south wall , ceiling in the 2nd room from north at west located at apt 29, 5th story, 2nd apartment from south at west
Page 8 of 13 GWllMl [* 16] 16 of 21
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 337 East 146 Street, Bronx, 10451 Generated on 04/09/2025
VIOLATION ID CLASS ORDER# APT# STORY# REPORTED NOV ISSUED DATE DATE NOVID NOV TYPE CORRECTION CERTIFICATION VIOLATION VIOLATION ACTUAL BY DATE BY DATE STATUS STATUS DATE CERT. DATE VIOLATION DESCRIPTION
16284042 B 508 29 5 10/03/2023 10/04/2023
8667473 ORIGINAL 11/08/2 023 11/22/2023 NOV SENT 10/04/2023 § 27-2005 adm code repair the broken or defective plastered surfaces and paint in a un iform color at ceiling in the 1st room from north at west located at apt 29, 5th story, 2nd apartment from south at west
16348565 B 550 7 2 10/28/2023 10/30/2023
8705978 ORIGINAL 12/04/2023 12/ 18/2023 1 NO ACCESS 04/04/2024 § 27-2017 .3 hmc: trace and repair the source and abate the visible mold condition ... 4 square feet at north wall in the bathroom located at apt 7, 2nd story, 2nd apartment from east at south original violation 16067725 issued 29-jun-23 has been upgraded to class b per administrative code §27-2017 .3a(3)(a) or (b).
16448484 C 530 All Stories 11 /20/2023 11 /27/2023
8794474 ORIGINAL 12/11 /2023 12/16/2023 NOV SENT 11 /27/2023 § 27-2005, 27-2007 , 27-2041 .1 hmc, §238, § 309; § 107 (2) ( c) mdl and 28 rcny §25-171 : replace or repair the self-closing doors that is missing or defective the east 1 hallway door at all stories (m issing) at public hall
16580691 A 556 8 2 11/20/2023 01 /08/2024
8879290 ORIGINAL 04/12/2024 04/26/2024 CIV10 MAILED 06/28/2024 04/26/2024 § 27-2013 adm code paint with light colored paint to the satisfaction of this department the ceiling , west wall in the kitchen located at apt 8, 2nd story, 1st apartment from east at south
16448444 B 583 18 3 11 /20.'2023 11 /27/2023
8794465 ORIGINAL 01 /01 /2024 01 /1 5/2024 1 NO ACCESS 07/1 0/2024 01 /1 5/2024 § 27-2026, 2027 hmc: properly repair the source and abate the evidence of a water leak over the ceiling in the bathroom located at apt 18, 3rd story , 1st apartment fro m south at west
16448472 C 790 29 5 11 /20/2023 11 /27/2 023
8794469 ORIGINAL 12/23/2023 12/28/2023 1 NO ACCESS 06/27/2024 12/24/2023 § 27-2043.1 hmc install the missing or repair/replace the defective window guard(s) in accordance with the specifications of the new york city health code section 24 rcny chapter 12. vwg to install = O; wg to replace = 4; wg to repair= 3; in the entire apartment located at apt 29 , 5th story, 2nd apartment from south at west
16448455 C 568 29 5 11 /20/2023 11 /27/2 023
8794473 ORIGINAL 12/23/2023 12/28/2023 1 NO ACCESS 06/27/2024 12/24/2023
hmc adm code:§ 27-2017.4 abate the infestation consisting of roaches in the entire apartment located at apt 29 , 5th story , 2nd apartment from south at west
16447839 B 550 6 11 /20/2023 11/24/2023
8784464 ORIGINAL 12/29/2023 01 / 12/2024 1 NO ACCESS 04/04/2024 § 27-2017.3 hmc: trace and repair the source and abate the visible mold cond ition ... at cei ling approx 7 sq ft , at east wall approx 5 sq ft in the bathroom located at apt 6 , 1st story, 1st apartment from south at west
[* 17] Page 9 of 13 17 of 21 Jlhl ONLINE
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 NVC 337 East 146 Street, Bronx, 10451 Generated on 04/09/2025 ---- - ~,t
VIOLATION ID CLASS ORDER# APT# STORY# REPORTED NOV ISSUED DATE DATE
NOV ID NOV TYPE CORRECTION CERTIFICATION VIOLATION VIOLATION ACTUAL BY DATE BY DATE STATUS STATUS DATE CERT . DATE VIOLATION DESCRIPTION
16447880 B 550 12 2 11/20/2023 11 /27/2023
8794467 ORIGINAL 01/01 /2024 01 / 15/2024 DEFECT LETTER04/04/2 024
§ 27-2017 .3 hmc: trace and repa ir the source and abate the visible mold condition ... at ceiling approx 5 sq ft, at east wall approx 10 sq ft, at west wall approx 12 sq ft in the bathroom located at apt 12, 2nd story, 1st apartment from south at west
16448670 C 550 12 2 11 /20/2023 11 /24/2023
8784465 ORIGINAL 12/20/2023 12/25/2023 NOi SENT 11 /24/2023
§ 27-2017 .3 hmc: trace and repair the source and abate the visible mold condition ... at north wall in the bathroom located at apt 12, 2nd story, 1st apartment from west at north original violation 15596565 issued 06-dec-22 has been upgraded to class c per administrative code §27-2017 .3a(5)(a) or (b ).
16531249 B 502 Roof 12/15/2023 12/18/2023
8850591 ORIGINAL 0 1/22/2024 02/05/2024 NOV SENT 12/18/2023
§ 27-2005 adm code properly repair with similar materia l the broken or defective metal cornice at exterior wall at bu ild ing front.
16531314 A 561 Fire Escape 12/1 5/2023 12/ 18/2023
8850589 ORIG INAL 03/22/2024 04/05/2024 NOV SENT 12/ 1812023
§ 27-2014 adm code and dept. ru les and regulations . scrape and remove rust scales and paint with 2 coats of paint at fire escape located at building front exterior wall.
16522276 B 593* 21 4 12/1 5/2023 12/ 18/2023
8850593 ORIGINAL 01 /22/2024 02/05/2024 CERT INVALID 02/05/2024 02/05/2024
§ 27-2026 adm code repair the flushing apparatus and maintain same so as to flush effectively the water closet bowl in the bathroom located at apt 21 , 4th story, 2nd apartment from north at east
16522277 B 502 21 4 12/15/2023 12/18/2023
8850593 ORIGINAL 01 /22/2024 02/05/2024 CERT INVALID 02/05/2024 02/05/2024
§ 27-2005 adm code properly repair with similar material the broken or defective wood door at the entrance in the 1st room fro m north located at apt 21, 4th story , 2nd apartment from north at east
16522280 B 501 21 4 12/15/2023 12/18/2023
8850593 ORIGINAL 01/22/2024 02/05/2024 CERT INVALID 02/05/2024 02/05/2024
§ 27-2005 hmc: properly repair or replace th e broken or defective electrical outlet at north wall in the kitchen located at apt 21 , 4th story, 2nd apartment from north at east
16522278 B 508 21 4 12/15/2023 12/18/2023
8850593 ORIGINAL 01/22/2024 02/05/2024 CERT INVALID 02/05/2024 02/05/2024
§ 27-2005 adm code repair the broken or defective plastered surfaces and pa int in a un iform color the ceiling in th e 1st room from north located at apt 21, 4th story , 2nd apartment from north at east
Page 10 of 13 [* 18] 18 of 21
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM NYSCEF DOC. NO. 38 337 East 146 Street, Bronx, 10451 Generated on 04/09/2025 __ INDEX NO. LT-310518-24/BX RECEIVED NYSCEF: 04/10/2025 N¥C ...._ ~.,, ,_,
VIOLATION ID CLASS ORDER# APT# STORY# REPORTED NOV ISSUED DATE DATE NOVID NOV TYPE CORRECTION CERTIFICATIOI \ VIOLATION VIOLATION ACTUAL BY DATE BY DATE STATUS STATUS DATE CERT . DATE VIOLAT ION DESCRIPTION
16522281 B 502 21 4 12/15/2023 12/18/2023
8850593 ORIGINAL 01 /22/2 024 02/05/2024 CERT INVALID 02/05/2024 02/05/2024
§ 27-2005 adm code properly repa ir with similar material the broken or defective ceramic floor tiles in the bathroom located at apt 21, 4th story, 2nd apartment from north at east
16531868 C 530 12/1 6/2023 12/18/2023
8850597 ORIGINAL 01/01 /2024 01/06/2024 NOV SENT 12/18/2023
§ 27-2005, 27-2007 , 27-2041.1 hmc, §238 , § 309 ; § 107 (2) ( c) mdl and 28 rcny §25-171: replace or repair the self-closing doors that is missing or defective missing fire door at public hall , 1st story
16531867 B 502 4 12/1 6/2023 12/1 8/2023
8850594 ORIGINAL 0 1/22/2024 02/05/2024 NOV SENT 12/1 8/2023
§ 27-2005 adm code properly repair with similar material the broken or defective erroded bricks and mortar joints at west exterior wall , 4th story
16531 7 10 A 583 12 2 12/16/2023 12/1 8/2023
8850589 ORIGINAL 03/22/2024 04/05/2024 NOV SENT 12/1 8/2023
§ 27-2026, 2027 hmc: properly repair the source and abate the evidence of a water leak at south wall in the bathroom located at apt 12, 2nd story, 1st apartment from south at west
16531856 A 556 12 2 12/16/2023 12/18/2023
8850589 ORIGINAL 03/22/2024 04/05/2024 NOV SENT 12/ 18/2023
§ 27-2013 adm code paint with light colored paint to the satisfaction of this department at south wall in the bathroom located at apt 12, 2nd story, 1st apartment from south at west
16531870 C 530 2 12/ 16/2023 12/18/2023
8850597 ORIGINAL 01 /01 /2024 01/06/2024 NOV SENT 12/18/2023
§ 27-2005 , 27-2007 , 27-2041.1 hmc, §238 , § 309 ; § 107 (2) ( c) mdl and 28 rcny §25-171: replace or repair the self-closing doors that is missing or defective missi ng fire door at public hall, 2nd story
16654340 C 790 14 3 02/02/2024 02/06/2024
8928846 ORIGINAL 03/03/2 024 03/08/2024 OPEN 06/25/2024 03/08/2 024
§ 27-2043.1 hmc install the missing or repair/replace the defective window guard(s) in accordance with the specifications of the new york city health code section 24 rcny chapter 12. wg to install= 3; wg to repl ace= O; wg to repair= O; in the entire apartment located at apt 14, 3rd story, 1st apartment from west at north
16654341 C 568 14 3 02/02/2024 02/06/2024
8928847 ORIGINAL 03/03/2024 03/08/2024 1 NO ACCESS 06/27/2024 03/08/2024
hmc adm code:§ 27-2017.4 abate the infestation consisting of roaches in the entire apartment located at apt 14, 3rd story, 1st apartment from west at north
Page 11 of 13 ONLINE [* 19] 19 of 21
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 337 East 146 Street, Bronx, 10451 Generated on 04/09/2025
CLASS ORDER# APT# STORY# REPORTED NOV ISSUED VIOLATION ID DATE DATE NOV TYPE CORRECTION CERTIFICATION VIOLATION VIOLATION ACTUAL NOV ID BY DATE BY DATE STATUS STATUS DATE CERT. DATE
VIOLATION DESCRIPTION 539 Fire Escape 03/11 /2024 03/21/2024 16749601 B ORIGINAL 04/25/2024 05/09/2024 CIV10 MAILED 06/28/2024 05/08/2024 8997059 egress from fire escapes § 27-2005, 2007 adm code and dept. rules and regulations . remove the encumbrance obstructing household items at th story balcony at build ing front at fire escape
B 550 18 3 03/26/2024 03/26/2024 16780003 9004621 ORIGINAL 04/30/2024 05/1 4/2024 NOT COMPLIED 06/21 /2024 2 sq ft in the bathroom § 27-20 17 .3 hmc: trace and repair the source and abate the visible mold condition ... at ceiling approx 16448443 issued 20-nov-23 has been located at apt 18, 3rd story, 1st apartment from south at west original violation upgraded to class b per adm inistrative code §27-2017.3 a(3)(a) or (b).
A 491 03/31/2024 04/08/2024 16819437 9045280 ORIGINAL 07/12/2024 07/26/2024 NOV SENT 04/08/2024 condition existing prior to § 300 m/d law file plans and application and legalize the following alteration or restore to the legal created with metal gate installed under stairway soffit at public hall , 1st story the making of sa id alteration storage enclosure
568 12 2 03/31/2024 04/04/2024 16819423 C
9040669 ORIGINAL 04/30/2024 05/05/2024 NOi SENT 04/04/2024 located at apt 12, 2nd story, hmc adm code : § 27-20 17.4 abate the infestation consisting of roaches in the entire apartment 1st apartment from west at north
16819424 C 569 12 2 03/31 /2024 04/04/2024
9040669 ORIGINAL 04/30/2024 05/05/2024 NOi SENT 04/04/2024 at apt 12, 2nd story, 1st hmc adm code : § 27-2017.4 abate the infestation consisting of mice in the entire apartment located apartment from west at north
16819438 C 671 1 03/31 /2024 04/08/2024
9045282 ORIG INAL 04/ 14/2024 04/21 /2024 NOT COMPLIED 06/27/2024 04/21 /2024 of the person § 27-2033 adm code post notice, in form approved by the department, stating the name and location heating system signage missing at public hall, 1st story designated by the owner to have key to buildings
16861519 C 671 04/09/2024 04/15/2024
9090603 ORIGINAL 04/21/2024 04/28/2024 NOT COMPLIED 06/27/2024 04/28/2024 of the person § 27-2033 adm code post notice, in form approved by the department, stating the name and location heating system signage missing at public hall, 1st story designated by the owner to have key to buildings
17081992 C 671 1 06/26/2024 06/28/2024
9223285 ORIGINAL 07/04/2024 07/11 /2024 NOV SENT 06/28/2024
§ 27-2033 adm code post notice, in form approved by the department, stating the name and location of the person designated by the owner to have key to buildings heating system at public hall, 1st story
Page 12 of 13 0 nlH [* 20] 20 of 21
FILED: BRONX CIVIL COURT - L&T 04/10/2025 03:47 PM INDEX NO. LT-310518-24/BX NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/10/2025 337 East 146 Street, Bronx, 10451 11¥1: Generated on 04/09/2025
VIOLATION ID CLASS ORDER# APT# STORY# REPORTED NOV ISSUED DATE DATE NOVID NOV TYPE CORRECTION CERTIFICATION VIOLATION VIOLATION ACTUAL BY DATE BY DATE STATUS STATUS DATE CERT. DATE VIOLATION DESCRIPTION
17301219 C 618 15 09/24/2024 09/25/2024
9351578 ORIGINAL 09/29/2024 10/04/2024 NOV SENT 09/25/2024 § 27-2056.7 adm code: correct failure to provide to the department within 45 days of demand all records required to be maintained by owner pursuant to local law 1 of 2004 related to lead-based paint notices, inspections and remediation/abatement activities .
17301220 C 6 19 15 09/24/2024 09/25/2024
9351578 ORIGINAL 09/29/2024 10/04/2024 NOV SENT 09/25/2024 § 27-2056.4 adm code- correct failure to notify occupants and/o r to investigate lead-based paint hazards.
Page 13 of 13 ONL I NE [* 21] 21 of 21
Footnotes
[1] Sando Rea ltv Cor:p v. Joram J. Aris. et al. , 209 A.D.2d 68 2 (App Div. 2nd Dept. , 1994).
[2] &; See also 157 Broadway Associates LLC, v. Eduard, 28 Misc . 3d 140(A)
[3] European American Bank v. Abramoff, 20 I A.D.2d 611 (App Div. 2nd Dept. , 1994). "&
[5] See Petitioner·s Affidavit of Service ( YSCEF Doc. # 11 ). 6& 7&
[8] Jg_, 9&
[10] lg_,
[11] w., [* 2] 2 of 21 Kleiner argues improper service because the process server served the documents at the "7th floor [of the] building." I2 To support his argument Kleiner submits a picture of the service address elevator's buttons, which shows floors C, I, 2, 3, 4, 5, and 6. 13 Next Kleiner submits a picture of the service address ' directory, which allegedly '·shows there is a basement, 4D, SD, 6D and 6A, but there is no 7." 14 Kleiner concludes since there is no 7th floor at the service address, the process server ' s claim of proper service is defective. Kleiner' s argument lacks merit. Kleiner mischaracterizes the process server's affidavit. The process server does not affirm that he served the documents on the 7th floor as argued by Kleiner. The process server' s affidavit states that he posted the documents to a "seven floor building glass door black frame silver intercom.· He posted the documents at the building ' s entrance door. His description of the service address having seven floors , does not support Kleiner' s claim that he served the documents on the 7th floor. In fact, Respondents picture of the service address elevator's buttons supports the process server·s claim that the service address indeed has seven floors. 15 The elevator's buttons show that there are seven floors including the cellar."' 16 Additionally, Respondent' s photo of the service address ' directory , despite their claim, fails to demonstrate the service address lacks seven floors. 17 Furthermore, Respondents include a photo of the service address' entrance door. 18 The photo supports the process server' s description of the entrance door, as a glass black framed door, and his description of a silver intercom system located at the service address· entrance. 19 Because Kleiner' s claims fail to specifically refute the contents of the affidavit of service, the Court denies Kleiner' s motion to dismiss without conducting a traverse hearing. Kleiner next argues that the process server lacks credibility, because he served him at a second service address, known as 1866 58th Street Brooklyn, Y 11204, and describe the second service address exactly as the service address. 20 However, this is an inaccurate claim by Kleiner. Though there are some commonalities between the description of the two service addresses, the description is not the same. The second service address is a 3-floor building as opposed to 7 floors. The process server describes a glass door with a brown wood frame as compared to a black framed glass door. They describe the wall being red brick and cream wall as compared to cream and grey walls. Kleiner does not specifically deny the description of the second service address, but simply wants the court to make the conclusion that since the description of the building are "exact" the process server must be untruthful. 21 The court is unconvinced by Kleiner ' s arguments the process server lacks credibility, therefore the Court denies Respondents ' motion to dismiss without a traverse hearing. Kleiner finally argues, that the management office is located at apartment 4D and the owners at apartment 50 of the service addre s. 22 Respondent argues that the process server never
[12] See Respondents' Verified Answer ( YSCEF Doc. # 15), at 28 (emphasis added).
[13] See NYSCEF Exhibit B ( YSCEF Doc. # 17).
[14] See NYSCEF Exhibit C (NYSCEF Doc. # 18).
[15] See NYSCEF Exhibit B (NYSCEF Doc. # 17). 11,lg__,
[17] See NYSCEF Exhibit C ( YSCEF Doc . # 18). IR Id.
[19] &
[20] See Respondents ' Affirmation in Opposition to Cross-Motion for Partial Summary Judgment ( YSCEF Doc. # 33), at 33.
[21] lg__,
[22] See Respondents ' Verified Answer (NYSC EF Doc . # 15), at ,r 31 . [* 3] 3 of 21 served or mailed the documents to apartment 40 and SD respectively. 23 However this argument lacks merit. It is undisputed by Kleiner that the subject premises ' registered address with DHPD is the service address without any apartment, suite or room number indicated. 24 Respondent may not argue improper service at the registered addre s with DHPD, when they have submitted either an inaccurate or incomplete registration statement. 25 Therefore, Respondents ' motion to dismiss is denied. Partial Summ ary Judgment for an Order To Correct CPLR § 409(b) states '·the court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issue of fact are raised. " A proceeding under C PLR § 409(b) •'is subject to the same standards and rules of decision as apply on a motion for summary judgment" 26 Unlike a plenary action the petition in a special proceeding "must be accompanied by competent evidence raising a material issue of fact. " The petition shall be supported by affidavits, the pleadings and by other available proof. 27 The affidavit supporting the motion must be by a " person having knowledge of the facts. " 28 Alternatively , an attorney ' s affirmation based on documentary evidence is also sufficient to comply with the requirements of summary judgment. 29 The petitioner has the initial burden to establish a prima facie showing of entitlement to judgment as a matter of law. 30 The petitioner must tender sufficient evidence to demonstrate the absence of any material issues offact. 3 1 The court should deny the motion if the petitioner fails to make the prima facie showing, regardless of the merits of the opposing papers. 32 If, however, the petitioner establishes a prima facie showing, the burden shifts to the opposing party that there exists material issues of facts which require a need for trial. 33 The opposing party must produce evidentiary proof that material issues of facts exist. 34 General denials are insufficient to raise triable issues of facts. r Additionally , CPLR § 409(b) states that the court may make any orders permitted on a motion for summary judgment. This provision authorizes the court to make partial n ut.
[24] See Multiple Dwelling Registration ( YSCEF Doc. # 31 ).
[25] See Dep' t ofHous. Pres. & Dev. OfCitv of .Y. v. Barrett , 20 Mi sc. 3d 135 (A) (App . Term 1st Dep' t, 2008)
[26] Karr v. Black, 55 A.D.3d 82, 86 (N.Y. App. Di v. 1st Dep't 2008); See also Friends World College v. icklin, 249 A.D.2d 393 , 394 (N . Y. App. Div. 2d Dep't 1998) (" In a special proceeding, where no triable issues of fact are rai sed, the court must make a summary detennination on the pleadings and papers submitted as if a motion for summary judgment were before it").
[27] &
[28] &
[29] See Alvarez v. Prospect Hosp., 68 .Y.2d 320. 325 (N.Y. 1986).
[30] & , at 324.
[31] Id. ·12 Id.
[33] lg_,
[34] Id. 3 · See landoli v. Lange, 35 A.D.2d 793 , 793 (App. Div. I st Dep 't 1970); See also Gould v. McBride, 36 A.D.2d 706, 706-707 ( .Y. App. Di v. I st Dep't 1971) tating (a genera l denial. without more, will not suffice to raise an issue of fact). [* 4] 4 of 21 determinations on one or more causes of action, or as great a portion of the case as possible. 36 Furthermore, the Court, if a trial is necessary , may ''make an order in nature of a pre-trial order which would specify the issues to be tried, define the scope of trial and remove from the case facts which are not disputed or which are incontrovertible."' 37 Finally, pursuant to New York City Civi l Court Act§ 110 (c) , "Regardless of the relief originally sought by a party the court may recommend or employ any remedy, program, procedure or sanction authorized by law for the enforcement of housing standards , if it believes they will be more effective to accomplish compliance or to protect and promote the public interest." To establish a prima-facie case for an order to correct under HMC 27-2115 (h)(l), the petitioner must establish that conditions constituting violations exist at the subject premises. Under Multiple Dwelling Law§ 328(3 ). a violation issued by DHPD is presumptive evidence that said violation exists and courts "shall take judicial notice thereof as if same were certified as true under the seal and signature of the commissioner of that department." Petitioner has established a prima facie case for an order to correct (OTC). As of this writing, there are 96 open housing code violations at the subject premises. 38 There are few defenses to an OTC. 39 ·'The few defenses to an order to correct include lack of standing or jurisdiction, completed repairs, conditions are not code violations, notice of violation is facially insufficient, Respondents are no longer the owner, and economic infeasibility. " 40 Respondents have asserted numerous defenses to this proceeding; however, most fail to provide a defense to an OTC . Respondents ' first, second, fourth, fifth, eighth ninth, eleventh, and thirteenth affirmative defenses raises several iterations of Petitione r's failure to properly serve Respondents the notice of violations. 41 Failure to properly serve the notice of violation is not a defense to an OTC. 42 Respondents ' third affirmative defense assets that Petitioner has failed to plead with particularity the section of the various codes relevant to this matter. 43 However , a review of Petitione r's Order to Show Cause, shows that Petitioner has specifically pied numerous code provisions which they allege Respondents violated. 44 Respondents' sixth and seventh affirmative defense, a defective ad damnun clause, and !aches defense respectively are not defenses to an OTC. 45 Respondents ' fifteenth , twenty-fourth and twenty-fifth affirmative defenses, Respondents allege DHPD ' s false certification notices are defective .46 If such defects exist, this would be a defense to DHPD ' s claims for civil penalties, but again not a defense to an OTC. Respondents ' eighteenth through twenty-second affirmative defenses are defenses raised against DHPD's claim for harassment and are not applicable to an OTC. 47 Respondents' twenty-
[36] See Vincent C. Alexander' s Practice Commenta ries on CPLR 409 , McKinney ' s Consolidat ed Laws of ew York Annotated , Book 7B, quoting N .Y .Adv .Comm . on Prac. & Proc. , Third Prelim. Rep ., Leg is .Doc. o.1 7, p.160 ( 1959).
[37] .!!L
[38] See Ex hibit A, as attached.
[39] See D'Agostino v. Forty-Thre e E. Equities Corp ., 12 Misc. 3d 486 , 489-490.
[40] .!!L
[41] See Respondents' Verified Answer ( YSCEF Doc.# 15) at 4-10 , 14-16, 20-23 , 26-27, 32-37 .
[42] See D'Agostino v. Forty-Thre e E. Equ ities Corp. , 12 Misc . 3d 486 , 489-490.
[43] See Responden ts ' Verified Answer (NYSCEF Doc. # 15), at~ 11-13.
[44] See DHPD ' s Verified Petition ( YSCEF Doc. # I); See also D'Agostino v. Fortv-Thre e E. Equities Corp., 12 Misc. 3d 486, 489-490.
[45] See Responden ts ' Verified Answer (NYSCEF Doc. # 15), at~ 17-19.
[46] .!!L, at ~ 56-6 1.
[47] See Responden ts ' Verified Answer ( YS CEF Doc. # 15), at 48-63. 5 of 21 [* 5] third affirmative defense which is a defense to a claim for civil contempt, is not a defense to an OTC. 48 Respondents' twenty-sixth affirmative defense which is a claim that the statute of limitation has expired is also not a defense to an OTC. 49 Regarding Respondents' twelfth and sixteenth affirmative defense, Respondents claim that this court lacks personal jurisdiction over them. 50 Though this claim is a defense to an OTC, Petitioner properly served each Respondents the commencement papers as detailed above. Regarding Respondents' fourteenth affirmative defense, Respondents claim they corrected the violations, and any violations they did not correct was due to their inability to gain access. 51 Lack of access is not a defense to an OTC. 52 Respondents claim of correction is a legally conclusory statement. Respondents failed to allege any facts that support their claim that they cured any violation. The self-serving statement of an owner's claims of correction is unable to rebut the presumption created by a DHPD issued housing code violation. 53 "To pem1it a property owner to come into court and merely testify that the violations were removed, without any supporting evidence, would vitiate the impact of the Housing Code ... of this city and render it meaningless ." 54 In contrast, Respondents ' seventeenth affirmative defense, raises several violations which they certified as corrected .55 A current review of DHPD ' s Violation Summary Report shows none of these violations are open. As such, the Court shall not issue an OTC for these certified violations. Finally, regarding Respondents ' tenth affirmative defense, Respondents claim that Respondent Yonah Roth ("Roth") no longer works for the corporate owner. 56 This claim as to Roth creates a triable issue of fact as to whether this court should issue an OTC against him. Accordingly, pursuant to CPLR § 409(b), the Court shall issue an order to correct. Respondents 337-341 East 146 Realty LLC, Mott Haven Group LLC, David Kleiner, and Sam Scheiner must correct all violations ofrecord as listed on DHPD 's Violation Summary Report dated April 9, 2025 , as attached as Exhibit A. 57 Respondents must correct all class "C" violations within 21 days, all class " B" violations within 30 days, and all class " A" violations within 90 days from the filing of this Decision/Order upon YSCEF. Respondents must comply with 28 RC Y 25-10 I , when seeking access to Petitioner's apartment to make the required repairs. Respondents must comply with all city rules and regulations, including the city's building, housing and health codes, when abating the violations of record. Finally, the repairs must be conducted in a workmanlike fashion. Respondents ' failure to correct the above violations may subject them to civil penalties pursuant to HMC § 27-2115 and contempt. Upon default, any party. can move for appropriate relief including ci vii penalties and contempt.
[48] ~Lat 164-65.
[49] & , at 1 80. so&, at 128-3 I, and 44-45. SI & ,_at 138-40 .
[52] See D'Ae:ostino v. Forty-Three E. Equities Corp., 12 Misc. 3d 486, 489-490.
[53] See Department of Hous. Preservation & Dev. v. Knoll , 120 Misc . 2d 813 , 814; See also Depaitment of Hous. Preservation & Dev. V. Vaveris, Dodeka Realty, 20 HCR 3708, N.Y .L.J ., June 16, 1992, at 36, col.6 (App. Term 2d Dep't 2d & 11th Jud . Di sts.)
[54] &
[55] See Respondents ' Verified Answer ( YSCEF Doc. # 15), at 46-47; See also Exhibit E (NYSCEF Doc. # 20).
[56] See Respondents ' Verified An wer (N YSC EF Doc. # 15), at 24-25.
[57] See New York City Civil Court Act§ 110 (c) (holding "regardless of the relieforiginally sought by a party the court may recommend or employ any remedy, program, procedure or sanction authorized by law for the enforcement of housing standards, if it believes they will be more effective to accomplish compliance or to protect and promote the pub lic interest.") [* 6] 6 of 21 Conclusion Based on the foregoing , the Court denies Respondents ' motion to dismiss. Pursuant to CPLR § 409(b) the Court grants Petitioner' s motion for partial summary judgment requiring Respondents to correct outstanding violations as indicated above. The Court also finds that there exist triable issues of fact regarding whether Respondent Yonah Roth is currently an owner as defined by the HMC subjecting them to an OTC. This matter is adjourned to May 7, 2025, at 9:30 AM for a pretrial conference on Petitioner' s remaining claims not adjudicated by this order. This constitutes the decision and order of the Court. Dated: April 9, 2025 ew York, Y Travis J. ~ JHC 7 of 21 [* 7]