2009. Both sides were given an opportunity to submit post trial memorandum, and on May 1,
2009 the matter was marked submitted and the Court reserved decision.
RELATED LITIGATION
HP Proceeding 6490/05 (December 2005 through September 2006)
On or about December 2005, Respondents initiated an
HP proceeding against Petitioner seeking an order directing Petitioner to effectuate mold
remediation and repairs in the Subject Premises (1st HP Proceeding). A Court ordered inspection
took place on January 21, 2006. The inspection resulted in no violations for mold, but did find
one class A and four class B violations to exist in the kitchen for painting and plaster, broken
ceramic tile floor, defective wood floors and a light switch.
On January 17, 2006, the parties entered into a stipulation which provided that Respondents
would allow Petitioner access to the Subject Premises on January 23, 2006, and that Petitioner
would attempt to have a "third party" inspect the Subject Premises at that time. Respondents did
provide access on January 23, 2006,and Petitioner has its mold expert examine the Subject
Premises on that date.
On February 21, 2006, the parties entered into a stipulation of settlement (Exhibit 13). The
stipulation provided that Petitioner would correct the violations, and that Respondents would
provide Petitioner with written notice of access dates within two weeks. Access was to be [*3]reasonable, on consecutive days, if possible, and during normal
business hours. Petitioner reserved all of its rights under the proprietary lease, and both sides
retained the right to restore the proceeding in the event of default.
On or about May 2006, Petitioner moved for an order holding Respondents in contempt, and