FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`651903/2017
`INDEX NO. 651903/2017
`INDEX NO'
`
`
`
`
`
`R«C«IV«D NYSCEF:
`04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`MAXINE HAMILTON, CLIFFORD LABEACH and
`ERROL LABEACH
`
`Filed:
`Index NO.
`
`Plaintiffs,
`
`-against-
`
`New York County as the
`place of trial
`501 WEST 156TH STREET HOUSING DEVELOPMENT
`
`Plaintiff designates
`
`FUND CORPORATION,
`
`Defendant.
`
`The basis of venue is
`
`where the Plaintiff
`
`has its principal
`
`place of business
`
`SUMMONS
`
`TO THE ABOVE NAMED DEFENDANT:
`
`YOU
`
`ARE
`
`HEREBY
`
`SUMMONED
`
`TO
`
`answer
`
`the Verified
`
`copy of your
`a
`to serve
`in this action and
`Complaint
`Verified Answer or,
`if the Verified Complaint is not served
`
`to serve a notice of appearance, on the
`with this Summons,
`Plaintiff's attorneys within 20 days after the service of
`this Summons, exclusive of the day of service (or within 30
`
`is not
`days after the service is complete if this Summons
`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 Verified Complaint.
`
`Dated:
`
`New York, New York
`
`April 9, 2017
`
`
`
`:NR’..£I
`
`STEVEN R. SUTTO
`
`Attorney for Plaintiff
`630 Third Avenue,
`15th Floor
`
`New York, New York 10017
`
`(212) 696—0090
`
`l of 13
`1 of 13
`
`
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`651903/2017
`INDEX NO. 651903/2017
`INDEX NO'
`
`
`
`
`
`R«C«IV«D NYSCEF:
`04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`MAXINE HAMILTON, CLIFFORD LABEACH and
`ERROL LABEACH
`
`Filed:
`Index NO.
`
`Plaintiffs,
`
`-against-
`
`New York County as the
`place of trial
`501 WEST 156TH STREET HOUSING DEVELOPMENT
`
`Plaintiff designates
`
`FUND CORPORATION,
`
`Defendant.
`
`The basis of venue is
`
`where the Plaintiff
`
`has its principal
`
`place of business
`
`SUMMONS
`
`TO THE ABOVE NAMED DEFENDANT:
`
`YOU
`
`ARE
`
`HEREBY
`
`SUMMONED
`
`TO
`
`answer
`
`the Verified
`
`copy of your
`a
`to serve
`in this action and
`Complaint
`Verified Answer or,
`if the Verified Complaint is not served
`
`to serve a notice of appearance, on the
`with this Summons,
`Plaintiff's attorneys within 20 days after the service of
`this Summons, exclusive of the day of service (or within 30
`
`is not
`days after the service is complete if this Summons
`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 Verified Complaint.
`
`Dated:
`
`New York, New York
`
`April 9, 2017
`
`
`
`:NR’..£I
`
`STEVEN R. SUTTO
`
`Attorney for Plaintiff
`630 Third Avenue,
`15th Floor
`
`New York, New York 10017
`
`(212) 696—0090
`
`l of 13
`1 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`IND
`EX NO .
`651903/2017
`INDEX NO. 651903/2017
`
` «IIV-4
` 3F:
`
`.D \IYSCI
`04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`Defendant’s Address:
`
`501 WEST 156TH STREET HOUSING DEVELOPMENT
`FUND CORPORATION
`
`501 West 156th Street
`
`Apt. 21
`New York, N.Y. 10032
`
`2 of 13
`2 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04332017 10:13 P
`
`NYSCI
`3F DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`INDEX NO- 651903/2017
`
`
`
`
`
`R«C«IV«D NYSCEF: 04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`MAXINE HAMILTON, CLIFFORD LABEACH and
`
`Index No.
`
`ERROL LABEACH,
`
`Plaintiffs,
`
`VERIFIED COMPLAINT
`
`-against-
`
`501 WEST 156TH STREET HOUSING DEVELOPMENT
`
`FUND CORPORATION,
`
`Defendant.
`
`Plaintiff, MAXINE HAMILTON, CLIFFORD LABEACH AND ERROL
`
`LABEACH, by their attorney, Steven R. Sutton,
`
`as
`
`and for her
`
`Verified Complaint
`
`herein,
`
`against Defendant,
`
`alleges
`
`as
`
`follows:
`
`NATURE OF ACTION AND VENUE
`
`1. That at all times hereinafter mentioned, Plaintiff
`
`MAXINE HAMILTON ("MAXINE H.") was and still is an individual
`
`residing in the County of Columbia, State of New York.
`
`2. That at all times hereinafter mentioned, Plaintiffs
`
`CLIFFORD LABEACH ("CLIFFORD L.")
`
`and ERROL LABEACH (”ERROL
`
`L.") were
`
`and still are individuals, both residing in the
`
`County of Columbia, State of New York.
`
`3.
`
`Upon
`
`information and belief,
`
`at all
`
`relevant
`
`times, defendant 501 WEST 156TH STREET HOUSING DEVELOPMENT FUND
`
`3 of 13
`3 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`INDEX NO- 651903/2017
`
`
`
`
`
`R«C«IV«D NYSCEF: 04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`
`
`CORPORATION (“156TH STREET" or "Landlord"), was and still is a
`
`New York Cooperative corporation,
`
`and is the present owner and
`
`landlord of the Building (hereinafter defined).
`
`3.
`
`Plaintiff, MAXINE H.,
`
`as
`
`one
`
`of
`
`the
`
`three
`
`individual signatories as Tenant under the subject Lease , along
`
`with CLIFFORD L.
`
`and ERROL L.
`
`(collectively,
`
`“Tenant"),
`
`and
`
`Defendant 156TH STREET, as Landlord, entered into a lease dated
`
`September, 2015 (the "Lease"),
`
`for certain premises described as
`
`Restaurant Space, Ground Floor Store #3 (the "Premises"),
`
`in the
`
`building known as 1942A Amsterdam Avenue (the “Building"), for a
`
`seven-year term commencing September 2015 and ending August 31,
`
`2022.
`
`4.
`
`Based upon,
`
`and reliance on,
`
`the Lease, Tenant
`
`proceeded to make necessary improvements
`
`to the Premises at
`
`significant cost to make it possible to operate the Premises for
`
`the intended use as a restaurant.
`
`5.
`
`Tenant
`
`took possession of the Premises on or about
`
`January 15, 2016; and by lease provision, Tenant was given three
`
`months free rent, amended to January 15 through April 15, 2016,
`
`to do necessary repairs to the Premises.
`
`6. Tenants, who are not sophisticated or well—educated
`
`people, were not represented by counsel
`
`in connection with the
`
`40f13
`4 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04332017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`INDEX NO- 651903/2017
`
`
`
`
`
`R«C«IV«D NYSCEF: 04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`
`
`Lease, while Landlord was represented by counsel who drafted the
`
`Lease.
`
`7. The Lease is silent as
`
`to the responsibility of
`
`Landlord to make structural repairs to the Building and Building
`
`systems and accessories.
`
`8. By agreement with the previous Board of Directors
`
`(the "Old Board") of
`
`the Cooperative Corporation, by reason of
`
`the extensive nature of
`
`the necessary repairs to the Premises,
`
`the rent
`
`free period was extended an additional
`
`three months,
`
`until July 15, 2016.
`
`9.
`
`Thereafter, when
`
`it became apparent
`
`that main
`
`systems of the Premises needed repair, an additional four months
`
`free rent was granted,
`
`to allow the Tenant
`
`to make unforeseen
`
`repairs to systems in the Premises, up to and including November
`
`15, 2016.
`
`10. Nevertheless,
`
`by virtue
`
`of
`
`a
`
`change
`
`in the
`
`composition of
`
`the Board of Directors
`
`(hereafter,
`
`the
`
`“New
`
`Board") it appears the New Board was unaware of, and has failed
`
`to recognize the prior agreements of the Old Board.
`
`11. Aside from the necessary repairs to the Premises
`
`that Plaintiff/Tenant has made to the Premises, major structural
`
`defects related to the Building have been. discovered, namely,
`
`(a) major
`
`leaks from its “Sub—Roof"
`
`(the ”Sub-Roof"), which is
`
`50f 13
`5 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04332017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`INDEX NO- 651903/2017
`
`
`
`
`
`R«C«IV«D VYSCEF: 04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`above
`
`the
`
`second floor of
`
`the Building, directly into the
`
`kitchen of the Premises, and (b)
`
`the sewage line for the entire
`
`Building,
`
`leading into the
`
`basement
`
`of
`
`the Premises
`
`(the
`
`"Damaged
`
`Sewer Line"),
`
`is
`
`cracked
`
`and
`
`covered
`
`over with
`
`electrical tape.
`
`12.
`
`The existence of
`
`the leaking from the Sub—Roof
`
`directly into the kitchen of the Premises, and the Damaged Sewer
`
`Line make it impossible for Plaintiff to open or operate its
`
`contemplated restaurant.
`
`13. Plaintiff has notified Landlord of
`
`the condition
`
`of the Sub—Roof and the condition of the Damaged Sewer Line, but
`
`Landlord has
`
`failed and refused to accept
`
`responsibility to
`
`repair these conditions, or to take any actions to repair same.
`
`14. Under
`
`these circumstances, it is evident
`
`that
`
`the
`
`Landlord has not delivered usable possession. of
`
`the Premises,
`
`and the provisions of paragraph “3" of the Lease are triggered,
`
`namely, delaying payment of
`
`rent
`
`up
`
`to the
`
`time
`
`that
`
`the
`
`structural repairs noted above have been completed.
`
`15. Nevertheless, Defendant has
`
`initiated a
`
`summary
`
`proceeding in the Civil Court, New York County, under Index No.
`
`054243/17
`
`(the
`
`“Summary Proceeding"),
`
`for
`
`the
`
`eviction of
`
`Plaintiff
`
`for alleged non-payment of
`
`rent, which claim also
`
`violates the "rent-free period" agreed upon by the Old Board.
`
`60f 13
`6 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`INDEX NO- 651903/2017
`
`
`
`
`
`R«C«IV«D VYSCEF: 04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`
`
`16. While paragraph “14" of
`
`the Lease provides that
`
`the Premises are leased "as is" and and that no representations
`
`are made to the physical condition of
`
`the Building, by failing
`
`to accept responsibility for
`
`the major structural
`
`repairs set
`
`forth above, which prevent Plaintiff’s opening for business or
`
`to operate
`
`a viable restaurant, Defendant has vitiated the
`
`benefit of Plaintiff’s bargain.
`
`17.
`
`By
`
`failing and refusing to make
`
`such repairs,
`
`Landlord has violated the covenant of quiet enjoyment of
`
`the
`
`Premises and there is absolutely no consideration being given
`
`for the payment of rent by the tenant under the lease.
`
`18. Likewise,
`
`by failing and refusing to make
`
`such
`
`repairs, Landlord has violated the covenant of good faith and
`
`fair dealing that is implied into every contract in this State.
`
`19. Similarly, while paragraph "17"
`
`of
`
`the Lease
`
`allows
`
`landlord an
`
`easement
`
`for
`
`its pipes
`
`"to the
`
`extent
`
`necessary to accommodate the requirements of other
`
`tenants in
`
`the Building”,
`
`any such easement would not extend to allowing
`
`the Landlord to continue to keep it cracked sewage line in the
`
`basement of the Premises intended to be used as a restaurant.
`
`20.
`
`As
`
`a result, Defendant has violated paragraph
`
`"17" of the Lease by failing properly to maintain and repair its
`
`Defective Sewer Line.
`
`70f13
`7 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`INDEX NO- 651903/2017
`
`
`
`
`
`R«C«IV«D VYSCEF: 04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`
`
`21.
`
`Plaintiff has
`
`invested substantial
`
`time, money
`
`and energy into improving the Demised Premises for purposes of
`
`its restaurant business and should not be required to vacate or
`
`quit the Demised Premises or lose the benefit of their bargain.
`
`22. Accordingly, Plaintiff/Tenant seeks a declaration
`
`that Landlord
`
`is
`
`fully responsible
`
`to repair
`
`these major
`
`structural defects relating to its Building,
`
`and that Tenant’s
`
`obligation to pay rent under
`
`the Lease
`
`should not
`
`commence
`
`unless and until the necessary repairs are made.
`
`AS AND FOR A FIRST CAUSE OF ACTION
`
`[Declaratory Judgment]
`
`23.
`
`Plaintiff repeats the allegations in Paragraphs
`
`"1" through "22" above with the same force as if fully set forth
`
`herein at length.
`
`24.
`
`A controversy has arisen and now exists between
`
`Plaintiff and Defendant concerning their respective rights and
`
`remedies under the Lease.
`
`25. Landlord has failed and refused to make necessary
`
`structural repairs to its Building in the way of the leaky Sub—
`
`Roof and the Damaged Sewer Line, which failure deprives Tenant
`
`of
`
`the benefit of
`
`its bargain,
`
`and the ability to operate its
`
`restaurant, which is the contemplated use of the Premises.
`
`80f 13
`8 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`INDEX NO- 651903/2017
`
`
`
`
`
`R«C«IV«D VYSCEF: 04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`26.
`
`By reason of the foregoing, disputes have arisen
`
`between Plaintiff and Defendant as to Landlord’s obligation to
`
`make the structural repairs required to its Building, namely the
`
`Sub—Roof and the Damaged Sewer Line, and that Plaintiff should
`
`not be
`
`required to commence payment of
`
`rent under
`
`the Lease
`
`pending completion of such repairs.
`
`27.
`
`In addition, Defendant
`
`should be estopped from
`
`denying or disclaiming the Rent Free Periods granted by the Old
`
`Board and relied upon by Plaintiff.
`
`28.
`
`Plaintiff desires a
`
`judicial determination and
`
`declaration of Plaintiff’s and Defendant’s respective rights and
`
`obligations under the Lease.
`
`29.
`
`A
`
`judicial
`
`declaration
`
`is
`
`necessary
`
`and
`
`appropriate at this time in order to resolve the unsettled state
`
`of affairs
`
`between
`
`the parties
`
`and
`
`to protect Plaintiff’s
`
`valuable
`
`leasehold
`
`interest
`
`in
`
`the
`
`Premises
`
`from being
`
`wrongfully terminated.
`
`30.
`
`As
`
`a consequence of
`
`such disputes, Plaintiff
`
`requires an injunction restraining Defendant from continuing the
`
`Summary Proceeding pending this Court's determination of
`
`the
`
`parties' respective rights and obligations under the Lease.
`
`31. Accordingly, Defendant
`
`should
`
`be
`
`permanently
`
`enjoined from taking any further steps to terminate the Lease.
`
`90f 13
`9 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`INDEX NO- 651903/2017
`
`
`
`
`
`R«C«IV«D VYSCEF: 04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`32. Plaintiff has no adequate remedy at law.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`
`[Injunction]
`
`33.
`
`Plaintiff repeats the allegations in Paragraphs
`
`"1" through "32" above with the same force as if fully set forth
`
`herein at length.
`
`34. Defendant
`
`is
`
`seeking to terminate Plaintiff’s
`
`Lease prior
`
`to its expiration based on
`
`the wholly improper
`
`position that Plaintiff must pay rent
`
`in the face of major
`
`structural defects
`
`in the Building,
`
`including leaks
`
`from the
`
`Sub—Roof
`
`into Plaintiff’s kitchen, and the Defective Sewer Line,
`
`both
`
`preventing Plaintiff
`
`from opening
`
`its
`
`contemplated
`
`restaurant business.
`
`35.
`
`In addition, Defendant’s New Board has failed and
`
`refused to honor
`
`agreements by the Old Board for
`
`rent
`
`free
`
`periods extending up to and including November 15, 2016.
`
`36.
`
`A
`
`permanent
`
`injunction
`
`is
`
`necessary
`
`and
`
`appropriate at this time in order to resolve the unsettled state
`
`of affairs
`
`between
`
`the parties
`
`and
`
`to protect Plaintiff’s
`
`valuable
`
`leasehold
`
`interest
`
`in
`
`the
`
`Premises
`
`from being
`
`wrongfully terminated.
`
`37.
`
`Accordingly, Defendant
`
`should be permanently
`
`enjoined from taking any further steps to prosecute the Summary
`
`Proceeding or terminate the Lease by such proceeding
`
`8
`
`10 of 13
`10 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`
`INDEX NO- 651903/2017
` VYSCEF: 04/09/2017
`
`
`
`
`
`R*.C*.IV*.D
`RECEIVED NYSCEF: 04/09/2017
`
`38. Plaintiff has no adequate remedy at law.
`
`AS AND FOR A THIRD CAUSE OF ACTION
`
`[Damages]
`
`39.
`
`Plaintiff repeats the allegations in Paragraphs
`
`"1" through "38" above with the same force as if fully set forth
`
`herein at length.
`
`40.
`
`By reason of Defendant’s improper actions as set
`
`forth above, Plaintiff has been,
`
`and continues to be, deprived
`
`of profits, past and continuing,
`
`that would have accrued,
`
`and
`
`would
`
`continue
`
`to accrue,
`
`by
`
`the operation of Plaintiff’s
`
`restaurant business as contemplated.
`
`41.
`
`By reason of the foregoing, Plaintiff is
`
`damages
`
`in at
`
`least
`
`the
`
`sum of One Million, Five
`
`entitled
`
`Hundred
`
`Thousand Dollars ($1,500,000.00).
`
`WHEREFORE,
`
`Plaintiff
`
`demands
`
`judgment
`
`against
`
`Defendants, as follows:
`
`(a) Declaring, adjudging and decreeing the rights of
`
`the parties as follows:
`
`(i)
`
`that it is Defendant’s obligation to repair
`
`the
`
`Sub—Roof
`
`from leaking
`
`into Plaintiff’s
`
`contemplated
`
`restaurant and to repair the Defective Sewer Line; and
`
`11 of 13
`11 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`NYSCI
`3F DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`INDEX NO- 651903/2017
`
`
`
`
`
`R«C«IV«D NYSCEF: 04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`
`
`(ii)
`
`that Plaintiff’s obligation to pay
`
`rent
`
`under
`
`the Lease shall not commence up until
`
`the completion of
`
`such necessary structural repairs;
`
`(b) Permanently enjoining and restraining Defendant,
`
`its officers,
`
`representatives,
`
`agents,
`
`employees,
`
`attorneys,
`
`successors,
`
`and assigns,
`
`and each of
`
`them,
`
`from taking any
`
`further action to terminate the Lease by continuing to prosecute
`
`the pending Summary Proceeding in the Civil Court, New York
`
`County;
`
`(c) on the Third Cause of Action, awarding damages in
`
`Plaintiff’s favor and against Defendant
`
`in at
`
`least
`
`the sum of
`
`One Million, Five Hundred Thousand Dollars ($1,500,000.00)
`
`(d) Awarding Plaintiff its attorneys’ fees and costs
`
`incurred in this action; and
`
`(e) That Plaintiff have such other and further relief
`
`as to the Court may seem just and proper.
`
`-
`
`_"":7f__ .
`—
` I."
`g;
`éL‘2%éy‘p
`’
`. LE;L-gé:l
`STEVEN R. SUTTON
`
`Attorney for Plaintiff
`630 Third Avenue,
`15th Floor
`
`New York, New York 10017
`
`(212) 696-0090
`
`10
`
`12 of 13
`12 of 13
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/09/2017 10:13 PM
`FILED: NEW YORK COUNTY CLERK 04m2017 10:13 P
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 651903/2017
`INDEX NO- 651903/2017
`
`
`
`
`
`R«C«IV«D VYSCEF: 04/09/2017
`RECEIVED NYSCEF: 04/09/2017
`
`VERIFICATION
`
`SS.:
`
`) )
`
`)
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK
`
`MAXINE HAMILTON, being duly sworn, deposes
`
`and
`
`1.
`
`Deponent
`
`is one of
`
`the Plaintiffs in the
`
`says:
`
`within action.
`
`2.
`
`Deponent has
`
`read the foregoing
`
`Complaint
`
`and
`
`knows
`
`the
`
`contents
`
`thereof;
`
`and
`
`the
`
`same
`
`is
`
`true,
`
`to
`
`Deponent's
`
`own knowledge,
`
`except
`
`as
`
`to the matters
`
`therein
`
`stated to be alleged upon information and belief,
`
`and as
`
`to
`
`those matters, Deponent believes them to be true.
`
`3.
`
`This Verification is made
`
`by Deponent,
`
`because the essential
`
`facts
`
`in the pleadings are within the
`
`personal
`
`knowledge
`
`and/or belief
`
`of Deponent,
`
`and
`
`because
`
`Deponent has been authorized to execute the within document on
`
`behalf of Plaintiff.
`
`JW‘AXL46lbwI;L‘y. L5,“;
`
`
`
`MAXINE HAMILTON
`
`worn to before me this
`1% day of April, 2017
`
`
`
`11
`
`13 of 13
`13 of 13
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
