that took place in the Subject Premises on or about February 16, 2005. Upon information and
belief that action is still pending.
Supreme Court Action Index No. 103156/07 (March 2007 through September
2008)
On or about March 2007, Respondents commenced a Supreme Court Action against
Petitioner and its agents seeking five million dollars in damages. As with all of the related
litigation discussed, the action was based on the incident the February 16, 2005 leak . Seven
causes of action were asserted by Respondents (Exhibit D).
The first cause of action alleged that the leak resulted in severe water damage and electrical
wiring problems in the Subject Premises, that Respondents reported the leak to Petitioner, and
that Petitioner failed to respond in a timely manner forcing Respondents to live in dangerous
conditions, the most egregious of which was alleged to be mold and mildew.
The second cause of action was for personal injury as a result of the mold alleged. The third
cause of action alleged constructive eviction and asserted that Respondents had been deprived of
the "full use and enjoyment of their apartment" due to the leak, mold, and lights shorting out .
The fourth cause of action alleged actual eviction from the premises for two nights in August
2005.
The fifth cause of action alleged that Petitioner had breached provisions of the HMC and
MDL by allowing hazardous conditions to exist in the Subject Premises. The sixth cause of
action alleged that Petitioner had violated the Warranty of Habitability, RPL 235(b), and the
proprietary lease by failing to timely correct the conditions alleged to have existed. The seventh
cause of action asserted negligence and sought damages for physical and emotional distress.