Defendant.
`----------------------------------------------------------------------x
`
`YOU ARE HEREBY SUMMONED TO ANSWER THE VERIFIED COMPLAINT,
`
`in this action, and to serve a copy of your answer, or a Notice of Appearance, on Plaintiff’s
`attorneys within twenty (20) days after the service of this Summons, exclusive of the day of
`service, or within thirty (30) days after the service is complete if the Summons is not personally
`delivered to you within the State of New York; and in the 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, New York
`
`September 14, 2018
`
`THE DWECK LAW FIRM LLP
`
`
`_____________________________
`Robert J. Lum
`Attorneys for Plaintiff
`10 Rockefeller Plaza, Suite 1015
`New York, New York 10020
`(212) 687-8200
`
`FILED: KINGS COUNTY CLERK 09/18/2018 03:30 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518855/2018
`
`RECEIVED NYSCEF: 09/18/2018
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------x
`THE BOARD OF MANAGERS OF
`THE BENSONHURST PLAZA CONDOMINIUM,
`
`
` Plaintiff,
`
`
`
`
`
`Index No.
`
`
`
`
`SUMMONS
`
`
`
`
`-against-
`
`
`SAI HUNG YU,
`
`
`
`Defendant’s Address:
`Sai Hung Yu
`1642 West 9th Street, Unit #6A
`Brooklyn, New York 11223
`
`
`
`
`
`
`
`1
`
`1 of 7
`
`
`----------------------------------------------------------------------x
`
`YOU ARE HEREBY SUMMONED TO ANSWER THE VERIFIED COMPLAINT,
`
`in this action, and to serve a copy of your answer, or a Notice of Appearance, on Plaintiff’s
`attorneys within twenty (20) days after the service of this Summons, exclusive of the day of
`service, or within thirty (30) days after the service is complete if the Summons is not personally
`delivered to you within the State of New York; and in the 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, New York
`
`September 14, 2018
`
`THE DWECK LAW FIRM LLP
`
`
`_____________________________
`Robert J. Lum
`Attorneys for Plaintiff
`10 Rockefeller Plaza, Suite 1015
`New York, New York 10020
`(212) 687-8200
`
`FILED: KINGS COUNTY CLERK 09/18/2018 03:30 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518855/2018
`
`RECEIVED NYSCEF: 09/18/2018
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------x
`THE BOARD OF MANAGERS OF
`THE BENSONHURST PLAZA CONDOMINIUM,
`
`
` Plaintiff,
`
`
`
`
`
`Index No.
`
`
`
`
`SUMMONS
`
`
`
`
`-against-
`
`
`SAI HUNG YU,
`
`
`
`Defendant’s Address:
`Sai Hung Yu
`1642 West 9th Street, Unit #6A
`Brooklyn, New York 11223
`
`
`
`
`
`
`
`1
`
`1 of 7
`
`
`
`FILED: KINGS COUNTY CLERK 09/18/2018 03:30 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518855/2018
`
`RECEIVED NYSCEF: 09/18/2018
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------x
`THE BOARD OF MANAGERS OF
`THE BENSONHURST PLAZA CONDOMINIUM,
`
`
` Plaintiff,
`
`-against-
`
`
`SAI HUNG YU,
`
`
` Defendant.
`----------------------------------------------------------------------x
`
`
`
`
`
`
`Index No.
`
`
`
`
`VERIFIED COMPLAINT
`
`
`
`
`The Plaintiff, the Board of Managers of the Bensonhurst Plaza Condominium (the
`
`“Board”), by and through its attorneys, The Dweck Law Firm, LLP, as and for its Verified
`
`Complaint against the Defendant Sai Hung Yu, alleges upon information and belief, as follows:
`
`THE PARTIES
`
`1.
`
`The Board is an association of unit owners formed pursuant to the Offering Plan and the
`
`Condominium Declaration (“Declaration”) dated January 11, 2005 and recorded in the Office of
`
`the City Register of the City of New York as Document No. 2005031100858001005EEFA9.
`
`2.
`
`Pursuant to the Condominium’s Declaration, By-Laws, and the Rules and Regulations,
`
`the Board is empowered with the power to and responsible for the management of the daily
`
`affairs of the Bensonhurst Plaza Condominium.
`
`3.
`
`At all relevant times, Defendant Sai Hung Yu is a resident of the State of New York and
`
`owner of the residential unit known as “Unit 6A” (“the Unit”) and the vehicle parking space
`
`“P11” (“P11”) within the Bensonhurst Plaza Condominium.
`
`
`
`
`
`
`
`1
`
`2 of 7
`
`
`
`FILED: KINGS COUNTY CLERK 09/18/2018 03:30 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518855/2018
`
`RECEIVED NYSCEF: 09/18/2018
`
`AS AND FOR A FIRST CAUSE OF ACTION
`(Injunctive Relief)
`
`4.
`
`Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1 through
`
`3 above, as if set forth at length herein.
`
`5.
`
`The Bensonhurst Plaza Condominium building is located on 1642 West 9th Street,
`
`Brooklyn, New York 11223 (“Condominium”).
`
`6.
`
`The Condominium has 21 Residential Units, which are each owned in fee by various unit
`
`owners.
`
`7.
`
`The Condominium has a total of 13 parking spaces, 5 are located indoor and 8 are located
`
`outdoor (“Parking Spaces”), which are to be used solely to store personal vehicles.
`
`8.
`
`9.
`
`The Parking Spaces are owned by various unit owners of the Condominium by a deed.
`
`According to the Condominium’s floor plans which have not been amended, there are no
`
`walls which divide or separate the 5 indoor parking spaces.
`
`10.
`
`The unit owners are subject to the terms and conditions contained in the Condominium’s
`
`Declaration, By-Laws, and Rules and Regulations.
`
`11.
`
`Upon taking title to the Unit and P11, the Defendant agreed to be contractually bound by
`
`the Condominium's Declaration, By-Laws, and Rules and Regulations.
`
`12.
`
`On or around April of 2015, the New York City Department of Buildings (“DOB”)
`
`inspected the Condominium and issued two violations to the Condominium; one violation for
`
`“work without permit” and the other for use that is not lawful or permitted by the
`
`Condominium’s Certificate of Occupancy.
`
`13.
`
`On or around mid-2018, the Board cured the violation that was for “work without a
`
`permit;” however, the DOB refused to remove the other remaining violation (violation of
`
`2
`
`3 of 7
`
`
`
`FILED: KINGS COUNTY CLERK 09/18/2018 03:30 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518855/2018
`
`RECEIVED NYSCEF: 09/18/2018
`
`the Condominium’s Certificate of Occupancy) due to the Defendant's partition wall that
`
`remained on his P11 parking space.
`
`14.
`
`The Condominium’s Certificate of Occupancy classifies the Condominium’s cellar level
`
`as “B-2” which allows and calls for accessory storage, indoor parking for 5 cars, and a boiler
`
`room.
`
`15.
`
`The DOB issued violations to the Condominium, in part, due to the Defendant’s
`
`construction of a partition wall that encloses the entire P11 parking space thereby making it
`
`another room within the Condominium cellar level.
`
`16.
`
`The partition wall creates an enclosure or room on the P11 parking space and is thus
`
`contrary to the use that is permitted in the Condominium’s Certificate of Occupancy.
`
`17.
`
`There were never any applications that were submitted to the DOB to construct or allow
`
`the use of the partition wall on the P11 parking space.
`
`18.
`
`The partition wall that exists on Defendant’s P11 parking space is in violation of relevant
`
`local zoning ordinance, the DOB code, the Condominium’s Certificate of Occupancy, the
`
`Condominium’s By-Laws and Rules and Regulations.
`
`19.
`
`The Condominium’s Declaration, By-Laws and Rules and Regulations require that the
`
`Defendant cure all violations of laws, orders, rules, regulations or requirements of any
`
`governmental agency having jurisdiction over his Unit and P11, at the sole expense of the
`
`Defendant.
`
`20.
`
`The Board has made numerous requests to the Defendant to remove the partition wall on
`
`his P11 parking space, but the Defendant has refused.
`
`3
`
`4 of 7
`
`
`
`FILED: KINGS COUNTY CLERK 09/18/2018 03:30 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518855/2018
`
`RECEIVED NYSCEF: 09/18/2018
`
`21.
`
`Accordingly, the Defendant’s refusal to remove the partition wall on the P11 parking
`
`space has resulted in Defendant’s default on his obligations abide by the terms and conditions of
`
`the Condominium’s Declaration, By-Laws, and Rules and Regulations.
`
`22.
`
`Defendant must be compelled to take all necessary steps to remove the partition wall
`
`from his P11 parking space and ensure that his P11 parking space does not cause any violation
`
`of relevant local zoning ordinance, the DOB code, the Condominium’s Certificate of Occupancy,
`
`the Condominium’s Declaration, By-Laws, and Rules and Regulations.
`
`23.
`
`Plaintiff has no adequate remedy at law.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`(Declaratory Relief)
`
`24.
`
`Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1 through
`
`23, above, as if set forth herein at length.
`
`25.
`
`By reason of the foregoing, a justiciable controversy has arisen to determine whether the
`
`Defendant is in default of the terms of conditions of the Condominium’s Declaration, By-Laws,
`
`and Rules and Regulations.
`
`26.
`
`It is clear that the Defendant has created an unlawful partition wall on his P11 parking
`
`space and which is contrary to the permitted use in the Condominium’s Certificate of
`
`Occupancy. The Plaintiff is entitled to a declaratory judgment to that effect.
`
`27.
`
`It is clear that the Defendant is obligated to remove his partition wall at his sole cost. The
`
`Plaintiff is entitled to a declaratory judgment to that effect.
`
`AS AND FOR A THIRD CAUSE OF ACTION
`(Attorneys’ Fees)
`
`28.
`
`Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1 through
`
`27, above, as if set forth herein at length.
`
`4
`
`5 of 7
`
`
`
`FILED: KINGS COUNTY CLERK 09/18/2018 03:30 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518855/2018
`
`RECEIVED NYSCEF: 09/18/2018
`
`29.
`
`Pursuant to Condominium’s Declaration, By-Laws and Rules and Regulations, as a result
`
`of the attorneys fees’ and expenses that the Plaintiff incurred in connection with requesting the
`
`Defendant to remove his partition wall and the curing of DOB violations, the Plaintiff is entitled
`
`to recover the attorneys’ fees and expenses incurred therefrom, and in connection with attorneys’
`
`fees and expenses incurred in this action, which are anticipated to be ongoing as this litigation
`
`progresses, for an amount to be determined at trial or hearing.
`
`WHEREFORE, the Plaintiff demands judgment as follows:
`
`i. On the first cause of action for an order compelling the Defendant to remove the
`partition wall on his P11 parking space;
`
`ii. On the second cause of action, a declaratory judgment finding that the Defendant has
`violated the Condominium’s Declaration, By-laws, and Rules and Regulations, by
`creating a partition wall on his P11 parking space which is in violation of the
`Certificate of Occupancy, relevant local zoning ordinance, laws and/or regulations,
`and that a removal of his partition wall shall be at his cost;
`
`iii. On the third cause of action, reasonable attorneys’ fees;
`
`iv. together with such other and further relief as the Court deems just and proper.
`
`Dated: New York, New York
`September 14, 2018
`
`THE DWECK LAW FIRM LLP
`
`_____________________________
`Robert J. Lum
`Attorneys for Plaintiff
`10 Rockefeller Plaza, Suite 1015
`New York, New York 10020
`(212) 687-8200
`
`5
`
`6 of 7
`
`
`
`FILED: KINGS COUNTY CLERK 09/18/2018 03:30 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 518855/2018
`
`RECEIVED NYSCEF: 09/18/2018
`
`ATTORNEY VERIFICATION
`
`Robert J. Lum, states as follows:
`
`
`
`
`
`I am the attorney for the Plaintiff in the above referenced action. I have read the Verified
`Complaint and know the contents thereof; the same are true to my knowledge except as to those
`matters alleged upon information and belief, and as to those matters, I believe them to be true.
`
`
`The basis of the knowledge is discussions with Plaintiff, as well as a review of the file
`maintained by my office.
`
`
`The reason I make this verification, instead and in place of the Plaintiff, is that Plaintiff
`resides outside of a county where I maintain my office.
`
`
`
`______________________________
`
`
`
`
`
`6
`
`7 of 7
`
`
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