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Banks and lawyers sue Jacob Frydman for Fraud. Jacob Frydman is affiliated with United Realty Trust a non traded public REIT.Jacob Frydman United Realty FRAUD Lawsuits.
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK-----------------------------------xSAVOY MANAGEMENT CORPORATION,
Plaintiff ,
SUMMONS
IAS PART
HON .
Index No : /2005
- against -
LEVIEV FULTON CLUB LLC, WONDER WORKS CONSTRUCTION CORP., FULTON CLUB LLC, CONWAY STORES, INC . ,
Defendants .
-----------------------------------x
TO:
Leviev Fulton Club, LLCc/o Wonder Works Construction corp.18 West 21st StreetNew York, N.Y. 10010
Wonder Works Construction Corp.18 West 21st Street New York, N.Y. 10010
Fulton Club LLCc/o Wonder Works Construction Corp.18 West 21st. Street New York, N.Y. 10010
Plaintiff designates New York Countyas the place of trial
The basis of venueis plaintiff's residence
Plaintiff resides at 151 Williams Street , New York, New York
F l L E D'JUN O 5 2006
Conway Stores, Inc.1333 Br oadwayNew York, N.Y. 10018
YOU ARE HEREBY SUMMONED and required to answer the within
complaint in this action, and to serve a copy of your answer
upon
Supreme Court Records Online Library .page 1 of 14
the undersigned, within twenty ( 2 0 ) days after the service of
this summons, exclusive of the day of service, or within
thirty (30) days after service is complete if this summons
is not 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 complaint .
Dated: New York, N.Y .June 2 , 2006
DAVID ROZENHOLC & ASSOCIATESAttorney(s) for Plaintiff
By ,
David H. Pritchard
9 East 84th StreetNew York, New York 10028
( 212 ) 983-4141
Supreme Court Records Online Library . page 2 of 14
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK--------------------------------------xSAVOY MANAGEMENT CORPORATION,
Index No .
-against-
Plaintiff ,
VERIFIED COMPLAINT
LEVIEV FULTON CLUB, CONSTRUCTION CORP. , CONWAY STORES, INC.
LLC J WONDER WORKS FULTON CLUB, LLC,
Defendants. 06107734
-------------------------- - - ---
Plaintiff, by its attorneys, DAVID ROZENHOLC& ASSOCIATES, as
and for its complaint against defendant , hereby alleges that ;
1. Plaintiff Savoy Management Corporation (
"Savoy" ) is a corporation formed under and existing by
virtue of the laws of the State of New York, which
maintains its principal place of business on the
fourth floor of 151 William Street , New York, N.Y ..
(the "Premises•).
2. Defendant Leviev Fulton Club LLC upon
information and belief is a limited liability company
which maintains an office c/o, Wonder Works
Construction Corp., 18 West 21" Street, New York,
N .Y . 10 010 .
3 . Upon information and belief Defendant Leviev Fulton
Club LLC is the owner of the building located at and
known as 151 William Street, New York, New York, also
known as 111 Fulton Street (the "Building" ).
Supreme Court Records Online Library - page 3 of 14
4. Defendant Fulton Club LLC is a limited
liability company formed under and existing by virtue of the
laws of the State of New York , which upon information and
belief maintains an address for service of process by the
New York State Department of State as follows: Warren Sussman
c/ o Wonder Works, 18 West 2 1st Street, 4th Floor, New York, New
York 10 010 and which, upon information and belief is
affiliated with Leviev Fulton Club LLC and has an interest
in the Building.
5 . Defendant Wonder Works Construction Corp. is
a corporation formed under and existing by virtue of the laws
of the State of New York, which maintains its principal place of
business at 18 west 21•l Street, 4 tri Floor, New York, New York
10010 which upon information and belief is an agent for and
affiliated with Leviev Fulton Club LLC and has an interest in
the Building.
6. Defendant Conway Stores, Inc . is a corporation
formed under and existing by virtue of the laws of the State
of New York, which maintains it s principal place of business
at 1333 Broadway, Third Floor, New York, New York 10018 and
which, upon information and belief, is an agent for and
affiliated with Leviev Fulton Club LLC and has an interest
in the Building.
7 . On or about November 20, 2001 plaintiff entered
into a lease ( the "Lease") with Leviev Fulton Club LLC's
predecessor in interest for a term of four years and two
months for a portion of the fourth floor (the "Premises") of
the building located at and
Supreme Court Records Online Library ·page 4 of 14
known as 151 William Street, New York, N.Y. ,
8. The Lease contains an option to extend the term
for a period of five years.
9. On January 17, 2005, Savoy exercised its option
to renew the lease.
10. On June 1, 2006 plaintiff received notice that the
Building was sold to defendant Leviev Fulton Club, LLC.
11. Leviev Fulton Club LLC is not listed with the
New York State Department of State Division of Corporations.
12. The notice of sale states that rent should be
sent to Leviev FultonClub LLC addressed to "c/o
Wonder Works
Construction Corp ...11 and further states that notices to the
landlord under the lease should be to Leviev Fulton Club LLC c/o
Conway Stores, 1333 Broadway, New York, N.Y.
13 . Just prior to closing plaintiff' s principal was
approached by the principals of the purchaser, who stated that
the Building was being purchased by Fulton Club. They also
stated that it is their intention to convert the upper six
floors of the building to residential condominiums.
14. They also stated they needed to start work right
away. They told plaintiff' s principal that they wanted Savoy
out as fast as possible and asked whether it could be out of
the Building in 60 days.
15. Savoy declined to vacate .
,
Supreme Court Records Online Library .page 5 of 14
16. . After this conversation a construction
office was opened on the mezzanine floor. Upon information
and belief no plans had been filed with the New York City
Department of Buildings and no permits were issued for
demolition or construction.
17. Thereafter Defendants commenced demolition on
the upper floors of the building.
18. Holes were cut in the roof by a crew of
jackhammer operators.
19. Interior partitions were demolished. Ceiling
tiles were ripped out and electrical cables were removed.
2 0 . Cleaning service (required under paragraph 32 of
the Lease) was substantially reduced.
21. Plaintiff objected to the illegal demolition and
raised the issue of asbestos and lead contamination of the
premises in writing ,
22. The noise from the demolition is
deafening . The air in the premises is full of dust.
23. The ceiling, walls and floor vibrate.
24. It is impossible to make telephone calls, write
letters, hold meetings or conduct other business activities
in Savoy's space when the demolition is being done in the
building.
25. As a result of the vibration, dust and noise
from the illegal work several staff persons in the Premises have
developed pounding headaches and were forced to leave work.
Supreme Court Records Online Library - page 6 of 14
27. Dust raised by the work lies everywhere
throughout the Premises .
28. The staff working in the premises are afraid
that they are breathing friable asbestos and dust from damaged
lead paint .
2 9 . The sole reason f or the def endants decision
to commence demolition in the Building was it force Savoy to
vacate the premises and abandon its valuable lease_
30. On May 2 6 , 2006 a "Stop Work Order" from the New
York City Department of Buildings was posted on the Building,
indicating that the work being done was illegal .
31. On May 29, 2006 a member of plaintiff’s staff was
denied access to the building.
32 . The Lease sets f orth certain obligations of the
landlord.
33 Paragraph 17 of the Lease states that the
landlord covenants that the tenant may peaceably and quietly
enjoy the demised premises if it pays the rent and complies with
the requirements of the Lease.
34. Paragraph 32 of the Lease provides that the
landlord will provide elevator service, heat, and cleaning
service.
35. Paragraph 46 of the Lease provides, inter alia, that the
26 . Noise from the demolition starts early in the
morning and lasts into the
evening.
Supreme Court Records Online Library - page 7 of 14
landlord will provide air conditioning.
36. Savoy and its affiliates will suffer
irreparable harm to its business if defendants are not
enjoined from illegally demolishing the interior of the
building and converting the Building to luxury residential
condominiums.
37 . Savoy seeks a declaration of the legal rights,
relations and duties of the parties with respect to the
Lease and the work initiated by the defendants .
38. Savoy has no adequate remedy at law.
AS AND FOR A FIRST CAUSE OF ACTION
1. Plaintiffs repeat and reiterate each and every
allegation contained in paragraphs one through thirty-eight as
though fully set forth herein.
2 . A justifiable controversy exists as to whether
Defendants have the right to reduce or eliminate services
required by the lease and deprive the plaintiff of the
beneficial use of the Premises.
3. Plaintiff has no adequate remedy at law.
AS AND FOR A SECOND CAUSE OF ACTION
1. Plaintiff repeats and reiterates each and every
allegation contained in paragraphs one through thirty-eight
above as though fully set forth herein .
2. By reason of the foregoing defendants should be
Supreme Court Records Online Library ·page 8 of 14
permanently enjoined from any further interior demolition
and required to restore the Building to its condition prior
to the interior demolition and work on the roof, or in the
alternative, defendants should be permanently enjoined from:
(A) failing to maintain services to plaintiff
including but not limited to water, electricity, air
conditioning, elevator and cleaning services to the demised
premises and the public areas of the Building; and
( B) continuing to conduct any interior demolition or
construction without permits from the New York City
Department of Buildings for such demolition or
construction; and
(C) conducting any demolition or construction in
or upon the Building which can reasonably be expected to
interfere with the plaintiff' s use of and/or access to the
demised premises during the hours from 8:00 AM to 7:00 PM;
and
(D) conducting any demolition or construction in
or upon the building at any time which can reasonably be
expected to inter f ere with the plaintiff's quiet
enjoyment of the demised premises;
and
(E) taking any other action to evict, disturb, or
harass Plaintiff or otherwise interfere with Plaintiff's, and/ or
any of its' affiliates' occupancy or enjoyment of the
leasehold; and
(F) failing , during any demolition and/or
construction pursuant to New York City Department of
Buildings permits to
conduct weekly environmental testing at the time such
demolition and/or construction is taking place to determine
whether the premises occupied by plaintiff and the elevators
and public areas of the building are safe for use as offices,
and if the premises are found to be contaminated that the
defendant be required to immediately remediate any
contamination in the demised premises , public areas and
elevators .
3. Plaintiff has no adequate remedy at law.
AS AND FOR A THIRD CAUSE OF ACTION
1. Plaintiff repeats and reiterates each and every
allegation contained in paragraph one through thirty-eight
above as thorough fully set forth herein.
2 . As a result of the wrongful actions of Defendants,
plaintiff has been forced to retain legal counsel to
represent it in this action.
3 . The total cost of such representation is unknown at
this time and is not and will not be less than $10,000.00.
4. By virtue thereof, plaintiff has been damaged in the
amount to be determined by this Court 1.n no event less
than
$10,000.00.
WHEREFORE , plaintiff respectfully prays for judgment as
follows:
1. On the First Cause of Action a declaration that defendants
Supreme Court Records Online Library ·page 10 of 14
violated the obligations to Savoy set forth in the
Lease and willfully deprived Savoy and its Affiliates
of the beneficial use and enjoyment of the premises;
2. On the Second Cause of Action, a permanent injunction
against defendants from any further interior demolition
and requiring defendants to restore the Building to its
condition prior to the interior demolition and work on
the roof, or in the alternative, a permanent injunction
against defendants from: (A) failing to maintain services
to plaintiff including
but not limited to water, electricity I air
conditioning, elevator and cleaning services to the
demised premises and the public areas of the Building;
and
( Bl continuing to conduct any interior demolition
or construction without permits from the New York City
Department of Buildings for such demolition or
construction; and
(C) conducting any demolition or construction in
or upon the Building which can reasonablybe
expected to interfere with the plaintiff' s
use of and/or access to the demised premises during the
hours from 8:00 AM to 7:00 PM; and
(D) conducting any demolition or construction in or
upon the building at any time which can reasonably be
expected to interfere with the plaintiff Is quiet
enjoyment of the demised premises; and
(E)taking any other action to evict, disturb, or harass
Supreme Court Records Online Library . page 11 of 14
·
Plaintiff or otherwise interfere with Plaintiff's, and/or
any of its' affiliates' occupancy or enjoyment of the
leasehold; and
(F) failing, during any demolition and/or
construction pursuant to New York City Department of
Buildings permits to conduct weekly environmental testing
at the time such demolition and/or construction is taking
place to determine whether the premises occupied by
plaintiff and the elevators and public areas of the
building are safe for use as offices,
and if the premises are found to be contaminated that the
defendant be required to immediately remediate any
contamination in the demised premises, public areas and
elevators .
3. On the Third Cause of Action judgment against the
Defendants jointly and severally an amount to be
ascertained at trial but not less than ten thousand
($10,000.00) dollars.
Dated: New York, New YorkMay 2, 2006
DAVID ROZENHOLC & ASSOCIATES
By , David H. Pritchard
Attorneys for Plaintiff9 East 841
h StreetNew York, New York 10028 (212) 983-4141
Supreme Court Records Online Library - page 12 of 14
t
VERIFICATION
STATE OF NEW YORK
COUNTY OF NEW
YORK
SS :
JACOB A. FRYDMAN, being duly sworn, deposes and
says; 1. I am the President of plaintiff Savoy
Management Corporation.
2. I have read the foregoing complaint and know the
contents thereof. The same is true to my knowledge except
as to matters alleged upon information and belief and as to
those matters I believe them to be true.
Sworn to before me this
Notary Public
DAYID H. PRITCHAKDit,jot,ry_ Public, State of New York
No. 4735413 ·.clQuallfled in 11sw1u Counl? ·"·\
D!siln!On £xplres .._ I ?B, INI
1) 11 / 10
Supreme Court Records Online Library - page 13 of 14
OFIndex No. Year Hon
SUPREME COURT OF THE STATE NEW YORK .COUNTY OF NEW YORK
SAVOY MANAGEMENT CORPORATION,
Plaintiff ,
-against-
LEVIEV FULTON CLUB, LLC, WONDER WORKS CONSTRUCTION CORP., FULTON CLUB, LLC, CONWAY STORES, INC.,
Defendants.
VERIFIED COMPLAINT
DAVID ROZENHOLC & ASSOCIATESAttorneys for Plaintiff
Office and Post Office Address, Telephone
9 East 84th Street NEW YORK, N.Y.
10028 (212) 983-4141
ToSignature (Rule 130-1.1-a)
·p'iiiii·rii iiia·b;;i iiaih·····..................·...........··............ ··..···.........
Attorney() for
Service of a copy of the with.in is hereby admitted.
Dated,
Attomey(s) for
Please take noticeO NOTICE Of' !!:NTRY
that the within is a ( certified) true copy of aduly entered in the office of the clerk of the within named court onO NOTICE OF SETTLEMENT
that an ordersettlement to the HON.of the within named court, aton
of which the within is a true copy will be presented forone of the judges
at M
Dated,Yours, etc
Supreme Court Records Online Library - page 14 of 14