savoy management corp vs. leviev fulton club, et al_1

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK-----------------------------------xSAVOY MANAGEMENT CORPORATION,

Plaintiff ,

SUMMONS

IAS PART

HON .

Index No : /2005

- against -

LEVIEV FULTON CLUB LLC, WONDER WORKS CONSTRUCTION CORP., FULTON CLUB LLC, CONWAY STORES, INC . ,

Defendants .

-----------------------------------x

TO:

Leviev Fulton Club, LLCc/o Wonder Works Construction corp.18 West 21st StreetNew York, N.Y. 10010

Wonder Works Construction Corp.18 West 21st Street New York, N.Y. 10010

Fulton Club LLCc/o Wonder Works Construction Corp.18 West 21st. Street New York, N.Y. 10010

Plaintiff designates New York Countyas the place of trial

The basis of venueis plaintiff's residence

Plaintiff resides at 151 Williams Street , New York, New York

F l L E D'JUN O 5 2006

Conway Stores, Inc.1333 Br oadwayNew York, N.Y. 10018

YOU ARE HEREBY SUMMONED and required to answer the within

complaint in this action, and to serve a copy of your answer

upon

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the undersigned, within twenty ( 2 0 ) days after the 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; and in case of your failure to appear or answer,

judgment will be taken against you by default for the relief

demanded in the complaint .

Dated: New York, N.Y .June 2 , 2006

DAVID ROZENHOLC & ASSOCIATESAttorney(s) for Plaintiff

By ,

David H. Pritchard

9 East 84th StreetNew York, New York 10028

( 212 ) 983-4141

Supreme Court Records Online Library . page 2 of 14

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK--------------------------------------xSAVOY MANAGEMENT CORPORATION,

Index No .

-against-

Plaintiff ,

VERIFIED COMPLAINT

LEVIEV FULTON CLUB, CONSTRUCTION CORP. , CONWAY STORES, INC.

LLC J WONDER WORKS FULTON CLUB, LLC,

Defendants. 06107734

-------------------------- - - ---

Plaintiff, by its attorneys, DAVID ROZENHOLC& ASSOCIATES, as

and for its complaint against defendant , hereby alleges that ;

1. Plaintiff Savoy Management Corporation (

"Savoy" ) is a corporation formed under and existing by

virtue of the laws of the State of New York, which

maintains its principal place of business on the

fourth floor of 151 William Street , New York, N.Y ..

(the "Premises•).

2. Defendant Leviev Fulton Club LLC upon

information and belief is a limited liability company

which maintains an office c/o, Wonder Works

Construction Corp., 18 West 21" Street, New York,

N .Y . 10 010 .

3 . Upon information and belief Defendant Leviev Fulton

Club LLC is the owner of the building located at and

known as 151 William Street, New York, New York, also

known as 111 Fulton Street (the "Building" ).

Supreme Court Records Online Library - page 3 of 14

4. Defendant Fulton Club LLC is a limited

liability company formed under and existing by virtue of the

laws of the State of New York , which upon information and

belief maintains an address for service of process by the

New York State Department of State as follows: Warren Sussman

c/ o Wonder Works, 18 West 2 1st Street, 4th Floor, New York, New

York 10 010 and which, upon information and belief is

affiliated with Leviev Fulton Club LLC and has an interest

in the Building.

5 . Defendant Wonder Works Construction Corp. is

a corporation formed under and existing by virtue of the laws

of the State of New York, which maintains its principal place of

business at 18 west 21•l Street, 4 tri Floor, New York, New York

10010 which upon information and belief is an agent for and

affiliated with Leviev Fulton Club LLC and has an interest in

the Building.

6. Defendant Conway Stores, Inc . is a corporation

formed under and existing by virtue of the laws of the State

of New York, which maintains it s principal place of business

at 1333 Broadway, Third Floor, New York, New York 10018 and

which, upon information and belief, is an agent for and

affiliated with Leviev Fulton Club LLC and has an interest

in the Building.

7 . On or about November 20, 2001 plaintiff entered

into a lease ( the "Lease") with Leviev Fulton Club LLC's

predecessor in interest for a term of four years and two

months for a portion of the fourth floor (the "Premises") of

the building located at and

Supreme Court Records Online Library ·page 4 of 14

known as 151 William Street, New York, N.Y. ,

8. The Lease contains an option to extend the term

for a period of five years.

9. On January 17, 2005, Savoy exercised its option

to renew the lease.

10. On June 1, 2006 plaintiff received notice that the

Building was sold to defendant Leviev Fulton Club, LLC.

11. Leviev Fulton Club LLC is not listed with the

New York State Department of State Division of Corporations.

12. The notice of sale states that rent should be

sent to Leviev FultonClub LLC addressed to "c/o

Wonder Works

Construction Corp ...11 and further states that notices to the

landlord under the lease should be to Leviev Fulton Club LLC c/o

Conway Stores, 1333 Broadway, New York, N.Y.

13 . Just prior to closing plaintiff' s principal was

approached by the principals of the purchaser, who stated that

the Building was being purchased by Fulton Club. They also

stated that it is their intention to convert the upper six

floors of the building to residential condominiums.

14. They also stated they needed to start work right

away. They told plaintiff' s principal that they wanted Savoy

out as fast as possible and asked whether it could be out of

the Building in 60 days.

15. Savoy declined to vacate .

,

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16. . After this conversation a construction

office was opened on the mezzanine floor. Upon information

and belief no plans had been filed with the New York City

Department of Buildings and no permits were issued for

demolition or construction.

17. Thereafter Defendants commenced demolition on

the upper floors of the building.

18. Holes were cut in the roof by a crew of

jackhammer operators.

19. Interior partitions were demolished. Ceiling

tiles were ripped out and electrical cables were removed.

2 0 . Cleaning service (required under paragraph 32 of

the Lease) was substantially reduced.

21. Plaintiff objected to the illegal demolition and

raised the issue of asbestos and lead contamination of the

premises in writing ,

22. The noise from the demolition is

deafening . The air in the premises is full of dust.

23. The ceiling, walls and floor vibrate.

24. It is impossible to make telephone calls, write

letters, hold meetings or conduct other business activities

in Savoy's space when the demolition is being done in the

building.

25. As a result of the vibration, dust and noise

from the illegal work several staff persons in the Premises have

developed pounding headaches and were forced to leave work.

27. Dust raised by the work lies everywhere

throughout the Premises .

28. The staff working in the premises are afraid

that they are breathing friable asbestos and dust from damaged

lead paint .

2 9 . The sole reason f or the def endants decision

to commence demolition in the Building was it force Savoy to

vacate the premises and abandon its valuable lease_

30. On May 2 6 , 2006 a "Stop Work Order" from the New

York City Department of Buildings was posted on the Building,

indicating that the work being done was illegal .

31. On May 29, 2006 a member of plaintiff’s staff was

denied access to the building.

32 . The Lease sets f orth certain obligations of the

landlord.

33 Paragraph 17 of the Lease states that the

landlord covenants that the tenant may peaceably and quietly

enjoy the demised premises if it pays the rent and complies with

the requirements of the Lease.

34. Paragraph 32 of the Lease provides that the

landlord will provide elevator service, heat, and cleaning

service.

35. Paragraph 46 of the Lease provides, inter alia, that the

26 . Noise from the demolition starts early in the

morning and lasts into the

evening.

landlord will provide air conditioning.

36. Savoy and its affiliates will suffer

irreparable harm to its business if defendants are not

enjoined from illegally demolishing the interior of the

building and converting the Building to luxury residential

condominiums.

37 . Savoy seeks a declaration of the legal rights,

relations and duties of the parties with respect to the

Lease and the work initiated by the defendants .

38. Savoy has no adequate remedy at law.

AS AND FOR A FIRST CAUSE OF ACTION

1. Plaintiffs repeat and reiterate each and every

allegation contained in paragraphs one through thirty-eight as

though fully set forth herein.

2 . A justifiable controversy exists as to whether

Defendants have the right to reduce or eliminate services

required by the lease and deprive the plaintiff of the

beneficial use of the Premises.

3. Plaintiff has no adequate remedy at law.

AS AND FOR A SECOND CAUSE OF ACTION

1. Plaintiff repeats and reiterates each and every

allegation contained in paragraphs one through thirty-eight

above as though fully set forth herein .

2. By reason of the foregoing defendants should be


permanently enjoined from any further interior demolition

and required to restore the Building to its condition prior

to the interior demolition and work on the roof, or in the

alternative, defendants should be permanently enjoined from:

(A) failing to maintain services to plaintiff

including but not limited to water, electricity, air

conditioning, elevator and cleaning services to the demised

premises and the public areas of the Building; and

( B) continuing to conduct any interior demolition or

construction without permits from the New York City

Department of Buildings for such demolition or

construction; and

(C) conducting any demolition or construction in

or upon the Building which can reasonably be expected to

interfere with the plaintiff' s use of and/or access to the

demised premises during the hours from 8:00 AM to 7:00 PM;

and

(D) conducting any demolition or construction in

or upon the building at any time which can reasonably be

expected to inter f ere with the plaintiff's quiet

enjoyment of the demised premises;

and

(E) taking any other action to evict, disturb, or

harass Plaintiff or otherwise interfere with Plaintiff's, and/ or

any of its' affiliates' occupancy or enjoyment of the

leasehold; and

(F) failing , during any demolition and/or

construction pursuant to New York City Department of

Buildings permits to

conduct weekly environmental testing at the time such

demolition and/or construction is taking place to determine

whether the premises occupied by plaintiff and the elevators

and public areas of the building are safe for use as offices,

and if the premises are found to be contaminated that the

defendant be required to immediately remediate any

contamination in the demised premises , public areas and

elevators .

3. Plaintiff has no adequate remedy at law.

AS AND FOR A THIRD CAUSE OF ACTION

1. Plaintiff repeats and reiterates each and every

allegation contained in paragraph one through thirty-eight

above as thorough fully set forth herein.

2 . As a result of the wrongful actions of Defendants,

plaintiff has been forced to retain legal counsel to

represent it in this action.

3 . The total cost of such representation is unknown at

this time and is not and will not be less than $10,000.00.

4. By virtue thereof, plaintiff has been damaged in the

amount to be determined by this Court 1.n no event less

than

$10,000.00.

WHEREFORE , plaintiff respectfully prays for judgment as

follows:

1. On the First Cause of Action a declaration that defendants

violated the obligations to Savoy set forth in the

Lease and willfully deprived Savoy and its Affiliates

of the beneficial use and enjoyment of the premises;

2. On the Second Cause of Action, a permanent injunction

against defendants from any further interior demolition

and requiring defendants to restore the Building to its

condition prior to the interior demolition and work on

the roof, or in the alternative, a permanent injunction

against defendants from: (A) failing to maintain services

to plaintiff including

but not limited to water, electricity I air

conditioning, elevator and cleaning services to the

demised premises and the public areas of the Building;

and

( Bl continuing to conduct any interior demolition

or construction without permits from the New York City

Department of Buildings for such demolition or

construction; and

(C) conducting any demolition or construction in

or upon the Building which can reasonablybe

expected to interfere with the plaintiff' s

use of and/or access to the demised premises during the

hours from 8:00 AM to 7:00 PM; and

(D) conducting any demolition or construction in or

upon the building at any time which can reasonably be

expected to interfere with the plaintiff Is quiet

enjoyment of the demised premises; and

(E)taking any other action to evict, disturb, or harass

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·

Plaintiff or otherwise interfere with Plaintiff's, and/or

any of its' affiliates' occupancy or enjoyment of the

leasehold; and

(F) failing, during any demolition and/or

construction pursuant to New York City Department of

Buildings permits to conduct weekly environmental testing

at the time such demolition and/or construction is taking

place to determine whether the premises occupied by

plaintiff and the elevators and public areas of the

building are safe for use as offices,

and if the premises are found to be contaminated that the

defendant be required to immediately remediate any

contamination in the demised premises, public areas and

elevators .

3. On the Third Cause of Action judgment against the

Defendants jointly and severally an amount to be

ascertained at trial but not less than ten thousand

($10,000.00) dollars.

Dated: New York, New YorkMay 2, 2006

DAVID ROZENHOLC & ASSOCIATES

By , David H. Pritchard

Attorneys for Plaintiff9 East 841

h StreetNew York, New York 10028 (212) 983-4141

t

VERIFICATION

STATE OF NEW YORK

COUNTY OF NEW

YORK

SS :

JACOB A. FRYDMAN, being duly sworn, deposes and

says; 1. I am the President of plaintiff Savoy

Management Corporation.

2. I have read the foregoing complaint and know the

contents thereof. The same is true to my knowledge except

as to matters alleged upon information and belief and as to

those matters I believe them to be true.

Sworn to before me this

Notary Public

DAYID H. PRITCHAKDit,jot,ry_ Public, State of New York

No. 4735413 ·.clQuallfled in 11sw1u Counl? ·"·\

D!siln!On £xplres .._ I ?B, INI

1) 11 / 10


OFIndex No. Year Hon

SUPREME COURT OF THE STATE NEW YORK .COUNTY OF NEW YORK

SAVOY MANAGEMENT CORPORATION,

Plaintiff ,

-against-

LEVIEV FULTON CLUB, LLC, WONDER WORKS CONSTRUCTION CORP., FULTON CLUB, LLC, CONWAY STORES, INC.,

Defendants.

VERIFIED COMPLAINT

DAVID ROZENHOLC & ASSOCIATESAttorneys for Plaintiff

Office and Post Office Address, Telephone

9 East 84th Street NEW YORK, N.Y.

10028 (212) 983-4141

ToSignature (Rule 130-1.1-a)

·p'iiiii·rii iiia·b;;i iiaih·····..................·...........··............ ··..···.........

Attorney() for

Service of a copy of the with.in is hereby admitted.

Dated,

Attomey(s) for

Please take noticeO NOTICE Of' !!:NTRY

that the within is a ( certified) true copy of aduly entered in the office of the clerk of the within named court onO NOTICE OF SETTLEMENT

that an ordersettlement to the HON.of the within named court, aton

of which the within is a true copy will be presented forone of the judges

at M

Dated,Yours, etc


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