of the proprietary lease, the repairs performed by Petitioner in correcting the violations from the
HP Proceedings were the Responsibility of Respondents. As such, Petitioner has established a
claim for an award of repair charges in the amount of $3226.18.
Petitioner also seeks to collect a real estate tax assessment in the amount of $822.00. The
managing agent, Carole Ferrara testified that tax assessments were calculated according to the
number of shares. Respondents did not dispute owing a real estate tax assessment, nor the
amount of the assessment. As such, Petitioner has established a claim for an award of real estate
tax assessments in the amount of $822.00.
Based on the forgoing, Petitioner is awarded a final judgment in the amount of $4048.18.
Issuance of warrant is stayed five days for payment.
This constitutes the decision and order of this Court.
Dated:July 2, 2009
New York, New York
________________________
Hon. Sabrina B. Kraus
To:Thomas S. Fleishell, & Associates, P.C.
By: Thomas S. Fleishell, Esq.
Attorneys for Petitioner
[*12]
561 Seventh Avenue, 19th Floor
New York, NY 10018
(212) 972-1355
Lee M. Nigen & Associates, P.C.
By: Lee M. Nigen, Esq.
Attorney for Respondents-Tenants
3006 Avenue M, Suite 1D
Brooklyn, New York 10018
(212) 972-1355
Footnotes
Footnote 1: However, BGJ testified on
cross-examination that he did not believe that a mold condition existed in the Subject Premises
within seventy-two hours of the leak.
Footnote 2: The Court issuing the
November 2008 Restoration Order was not aware of this, because the complaint annexed to the
moving papers was incomplete. Paragraphs 37 through 42 of the complaint, which assert the
cause of action for breach of warranty of habitability, were not provided in the annexed exhibit