painting and plastering (Exhibit 16). On July 19, 2006 the proceeding was withdrawn without
prejudice.
HP proceeding Index Number 6258/06 (August 2006 through May
2007)
Incredibly, on or about August 2, 2006, over two weeks after withdrawing the 2nd HP
Proceeding, Respondents commenced the 3rd HP Proceeding, this time pro se, alleging
the existence of emergency conditions, but really based on the same conditions alleged to have
occurred as a result of the Februray 16, 2005 leak (Exhibit 17). The August 14, 2006 inspection
for a third consecutive time resulted in no reported violations for mold. Two violations were
placed in the kitchen for paint and plaster and moisture penetration in the ceiling of the kitchen
(Exhibit aa).
Petitioner moved for dismissal on the basis that there was a prior action pending.
Inexplicably on September 21, 2006, the parties entered a stipulation providing that the motion
was denied, and the proceeding was set down for trial on October 17, 2006. The scheduled trial
was adjourned on November 28, 2006, and January 29, March 20, and April 25, of 2007.
On April 25, 2007, Petitioner moved for dismissal based on the fact that all violations had
been corrected. The motion was adjourned to May 16, 2007 for opposition. Respondents never
submitted opposition papers, and the Court dismissed the proceeding on May 16, 2007.
Civil Court Action Index No. 9286/06 (February 2006 to
Present)
On or about February 14, 2006, Respondents commenced a civil suit against Petitioner and
its agents for breach of contract. Respondents are represented by the same counsel in that [*4]action, but Petitioner has different counsel. The action seeks money
damages as a result of personal injury and property damage alleged to have arisen out of the leak