City V NYC Midtown LLC Complaint

FILED: NEW YORK COUNTY CLERK 02/05/2015 12:55 PM
NYSCEF DOC. NO. 1
INDEX NO. 450151/2015

RECEIVED NYSCEF: 02/05/2015
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
---------------------------------------------------------------------X
THE CITY OF NEW YORK,
Plaintiff,
Index No.:
-against-
NYC MIDTOWN LLC, d/b/a 5th Avenue Suites and

WEST 46TH STREET APARTMENTS; NY CITY STAY
LLC; ERAN SUKI; BENZION SUKY; SALIM ASSA; 15
WEST 55TH ST. PROPERTY LLC; THE LAND AND
BUILDING KNOWN AS 15 WEST 55TH ST, BLOCK
1271, LOT 27, County, City and State of New York; 19
WEST 55TH ST. PROPERTY LLC; THE LAND AND
BUILDING KNOWN AS 19 WEST 55TH ST., BLOCK
1271, LOT 25, County, City and State of New York;
ARBOR REALTY PARTICIPATION LLC; WEST 46TH
STREET INVESTORS LLC; THE LAND AND
BUILDING KNOWN AS 334 WEST 46th St., BLOCK
1036, LOT 47, County, City and State of New York; THE
LAND AND BUILDING KNOWN AS 336 WEST 46th St.,
BLOCK 1036, LOT 48, County, City and State of New
York; DIRECT REALTY, LLC; U.S. BANK NATIONAL
ASSOCIATION; JOHN DOE and JANE DOE, numbers
1 through 20.
SUMMONS
Filed on February 5, 2015
Defendants.
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TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED TO ANSWER the verified complaint in this action
and to serve a copy of your answer on the plaintiff CITY OF NEW YORK within twenty (20) 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.
In case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the complaint.
SALIM ASSA
1140 Avenue Of The Americas,
New York, New York 10036
15 WEST 55TH ST. PROPERTY LLC
410 Park Avenue Ste. 1630
New York, New York, 10022
THE LAND AND BUILDING KNOWN AS 15 WEST 55TH ST, BLOCK 1271, LOT 27, County,
City and State of New York,
19 WEST 55TH ST. PROPERTY LLC;
THE LAND AND BUILDING KNOWN AS 19 WEST 55TH ST., BLOCK 1271, LOT 25, County,
City and State of New York;
ARBOR REALTY PARTICIPATION LLC
333 Earle Ovington Blvd
Uniondale, NY 11553
WEST 46TH STREET INVESTORS LLC
c/o THE LIMITED LIABILITY COMPANY
THE LAND AND BUILDING KNOWN AS 334 WEST 46th St., BLOCK 1036, LOT 47, County,
THE LAND AND BUILDING KNOWN AS 336 WEST 46th St., BLOCK 1036, LOT 48, County,
DIRECT REALTY, LLC;
150 East 52nd St. 10th Floor.
U.S. BANK NATIONAL ASSOCIATION
190 S. LaSalle St, 7th Floor,
Chicago, Il 60603-1271
JOHN DOE and JANE DOE, numbers 1 through 10

COUNTY OF NEW YORK
----------------------------------------------------------------------X
Index No.
Plaintiff,
-against-
VERIFIED COMPLAINT
NYC MIDTOWN LLC, d/b/a 5TH AVENUE SUITES

and WEST 46TH STREET APARTMENTS; NY CITY
STAY LLC; ERAN SUKI; BEN ZION SUKY; SALIM
ASSA; 15 WEST 55TH ST. PROPERTY LLC; THE LAND
AND BUILDING KNOWN AS 15 WEST 55TH ST,
York, 19 WEST 55TH ST. PROPERTY LLC; THE LAND
AND BUILDING KNOWN AS 19 WEST 55TH ST.,
York; ARBOR REALTY PARTICIPATION LLC; WEST
46TH STREET INVESTORS LLC; THE LAND AND
BUILDING KNOWN AS 334 WEST 46th St., BLOCK
1036, LOT 47, County, City and State of New York; THE
LAND AND BUILDING KNOWN AS 336 WEST 46th
St., BLOCK 1036, LOT 48, County, City and State of New
York; DIRECT REALTY, LLC; U.S. BANK NATIONAL
ASSOCIATION; JOHN DOE and JANE DOE,
numbers 1 through 20, fictitiously named parties, true
names unknown, the parties intended being the managers or
operators of the business being carried on by defendants
NYC MIDTOWN LLC, NY CITY STAY LLC, ERAN
SUKI, BENZION SUKY, SALIM ASSA, 15 WEST 55TH
ST. PROPERTY LLC, 19 WEST 55TH ST. PROPERTY
LLC, WEST 46TH STREET INVESTORS LLC, and
DIRECT REALTY, LLC, and any person claiming any
right, title or interest in the real property which is the subject
of this action.
Defendants.
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Plaintiff, THE CITY OF NEW YORK, by its attorney, ZACHARY W. CARTER,
Corporation Counsel of the City of New York, for its complaint against defendants, alleges as
follows, upon information and belief:
1.
Plaintiff THE CITY OF NEW YORK (CITY) is a municipal corporation
incorporated under the laws of the State of New York.

2.
This action is brought: to enjoin defendants from committing deceptive trade
practices in the marketing and providing of illegal transient accommodations to visitors and
tourists in New York City; to enjoin the public nuisances created by their practices; and to obtain
civil penalties, and compensatory and punitive damages.
3.
The CITY brings this action pursuant to and by authority of section 20 of the
New York General City Law, section 394 of the New York City Charter, and Section 20-703 of
the Consumer Protection Law, in order to enforce the Consumer Protection Law of 1969, Title
20, Chapter 5, Subchapter 1, Section 20-700 et seq., of the Administrative Code of the City of
New York (the Consumer Protection Law); section 306 of the New York Multiple Dwelling
Law; Sections 28-205.1, 7-704, and 7-706 of the Administrative Code of the City of New York
(the Administrative Code); and pursuant to the common law doctrine of public nuisance.
4.
This action involves four separate buildings located in Manhattan which have
been, and are continuing to be, illegally advertised, managed and operated by defendants NYC
MIDTOWN LLC, NY CITY STAY, LLC, WEST 46TH STREET APARTMENTS, and 5TH
AVENUE SUITES, for the purpose of providing illegal short-term transient occupancies.
5. The first building is known as 15 WEST 55TH St., New York, New York, BLOCK
1271, LOT 27, County, City and State of New York (hereafter 15 WEST 55TH ST.), a 9-story
class A multiple dwelling containing 36 apartments wherein, upon information and belief, at
least one of which is being illegally operated and made available for short-term transient stays of
less than 30 days.
6.
The second building is known as 19 WEST 55TH ST., New York, New York,
BLOCK 1271, LOT 25, County, City and State of New York (hereafter 19 WEST 55TH ST.), a
10-story class A multiple dwelling containing 27 apartments wherein, upon information and
belief, at least one of which is being illegally operated and made available for short-term
transient stays of less than 30 days.
7. The third building is known as 334 WEST 46TH ST., New York, New York,
BLOCK 1036, LOT 47, County, City and State of New York (hereafter 334 WEST 46TH ST.),
a 3-story class A multiple dwelling containing 3 apartments wherein, upon information and
8. The fourth building is known as 336 WEST 46TH ST., New York, New York,
BLOCK 1036, LOT 48, County, City and State of New York (hereafter 336 WEST 46TH ST.),
a 3-story class A multiple dwelling containing 6 apartments wherein, upon information and
9. These four buildings are presently owned, respectively, by defendants: 15 WEST
55TH ST. PROPERTY LLC [15 WEST 55th ST.]; 19 WEST 55TH ST. PROPERTY LLC [19
WEST 55th ST.]; and WEST 46TH STREET INVESTORS LLC [334 WEST 46th ST. and 336
WEST 46th ST.] [hereafter, collectively referred to as OWNER DEFENDANTS].
10. Defendant ERAN SUKI and SALIM ASSA are principals of those entities who
control and manage the properties, and allow, permit, conduct, and/or acquiesce in the illegal
short-term transient use and occupancy of the four buildings (collectively, the Subject
Premises or the Buildings) [ERAN SUKI: 15 WEST 55TH ST. PROPERTY LLC and 19
WEST 55TH ST. PROPERTY LLC; SALIM ASSA: WEST 46TH STREET INVESTORS LLC].
11. Defendant DIRECT REALTY LLC is the former owner of the real property at
334 WEST 46th ST. and 336 WEST 46th ST. and defendant BEN ZION SUKY was a principal of
that entity during the time that it owned those real properties. DIRECT REALTY LLC and BEN
ZION SUKY controlled and managed those properties and allowed, permitted, conducted and/or
acquiesced in the illegal short-term transient use and occupancy of the Buildings at 334 WEST
46th ST. and 336 WEST 46th ST.
12. The illegality of the operation involving the short-term transient use and
occupancy occurring in each one of the four Buildings has been confirmed in administrative
proceedings conducted by the New York City Environmental Control Board.
13. The action has been brought for two reasons, first because co-defendants NYC
MIDTOWN LLC, NY CITY STAY, LLC, WEST 46TH STREET APARTMENTS, 5TH
AVENUE SUITES, ERAN SUKI, BEN ZION SUKY, and SALIM ASSA have been repeatedly
committing deceptive trade practices against visitors and tourists seeking short-term
accommodations in New York City, implicitly holding themselves out as engaging in a legal
business when in fact they are conducting a business which places tourists and visitors in illegal
occupancies and exposes them to serious fire safety risks. These practices include advertising
and promoting the booking of short-term accommodations in the four Buildings; real properties
in which transient, short-term occupancies of less than 30 days are prohibited by New York State
and City laws.
14. The action has also been brought because of the public nuisance being
maintained by all of the defendants, caused by: (1) the illegal rental of permanent residential
dwelling units to numerous transient occupants without those dwellings having the more
stringent fire and safety features required in buildings legally designed to serve transient
occupants, (2) the creation of significant security risks in a building not staffed to handle the
security issues associated with transient occupancy, and a degradation in the quiet enjoyment,
safety, and comfort of the surrounding residents, caused by noise, filth, and the excessive traffic
of unknown and constantly changing individuals entering their places of abode; and (3) the
illegal reduction in the stock of permanent housing available to the residents of New York City at
a time in which there is a legislatively declared housing emergency. The conditions created by
defendants illegal conduct in the four Buildings negatively affect the health, safety, security, and
general welfare of the residents of the City of New York and its visitors.
15. The illegal conduct perpetrated by defendants continues notwithstanding the
issuance by the CITY of multiple notices of violations and violation orders to the OWNER
DEFENDANTS by the New York City Fire Department and Department of Buildings and
notwithstanding the results of proceedings conducted by the Environmental Control Board
finding them In Violation of various provisions of the Building Code and Fire Code for which
those property owners were charged in such notices.
16. By this action, plaintiff seeks injunctive relief, the imposition of civil penalties,
as well as compensatory and punitive damages against the owners, managers, lessees, licensees,
operators and agents of the four Buildings, and against the four Buildings themselves: for
violations of the New York Multiple Dwelling Law; for violations of those portions of the New
York City Administrative Code known as the New York City Consumer Protection Law and the
New York City Building Code (Building Code); for creating nuisances as defined in the New
York City Nuisance Abatement Law; and for creating common law public nuisances.
BACKGROUND
17.
Tourists and other visitors to New York City have been increasingly enticed by
short-term hotel or apartment accommodations in buildings designed for permanent

residency being offered on numerous internet web sites.
Many of these visitors are thus
unwittingly led to book accommodations which are not only illegal, but also pose a heightened
risk to their health and safety.
18.
For a business to mislead consumers by purveying illegal and unsafe consumer
goods or services without any indication that they are not legal or safe, is one variety of
deceptive trade practice prohibited by federal, state, and local consumer protection laws,
including the New York City Consumer Protection Law, NYC Admin. Code 20-700 to 20706. See, City of New York v. Smart Apartments, 39 Misc.3d 221 (Sup.Ct., N.Y. Co., Engoron,
J., 2013).
19.
Moreover, the advertising and booking of short-term transient accommodations
in buildings where such accommodations are illegal creates a public nuisance under both New
York Citys Nuisance Abatement Law [at NYC Admin. Code 7-701 to 7-721] and the
common law. The Nuisance Abatement Law and the common law have long recognized that the
conditions and practices complained of herein, which endanger or injure the property, health,
safety or comfort of a considerable number of persons, constitute a public nuisance a public
nuisance which affects not only tourists and visitors to New York City, but those who
permanently reside in residential apartment buildings which are being illegally used.
20.
City government continually receives complaints from many sources calls to
311, letters and emails from the public, communications from elected officials and community
groups regarding excessive noise from tourists, overflowing trash, vomit in hallways, fires,
loud fighting, drugs, prostitution, elevators damaged by constant suitcase traffic, and the like.
21.
Notwithstanding occupancy and safety rules which prohibit such use, units in
permanent residential apartment buildings in New York City are increasingly being utilized as
transient, short-term occupancy units for tourists and other short-term occupants rather than
tenants who intend to establish permanent residence.
22.
The practice has been abetted by the phenomenal growth of the internet travel
industry, and comes at a time when available housing accommodations for the residents of New
York City remain at historically low levels.
23.
The spread of illegal transient occupancies, which some elected officials from
New York City have termed an epidemic, creates a number of serious problems for the City:
(1)
a growing number of complaints from tourists who book

accommodations over the internet, in most cases responding to
advertisements unaware that rooms are being offered in violation of
the law, only to find that the accommodations are in apartment
buildings parading as hotels which often lack the barest essentials
that short-term guests would normally expect;
(2)
serious safety hazards, in particular with regard to fire protection, as

code requirements for permanent residency buildings are not nearly as
stringent as those for units and buildings geared to transient
occupancy, but also with regard to severe overcrowding;
(3)
a burgeoning number of transient occupants, intermingled with

permanent residents, whose presence poses significant security risks in
buildings not equipped to handle the security problems associated with
transient occupancy, as well as a degradation of quality of life for
residents;
(4)
harassment of permanent tenants by owners who seek to evict those

tenants illegally in order to pursue a more lucrative transient market;
and
(5)
an illegal siphoning off of a significant portion of the citys housing

stock, occurring most acutely in the affordable housing stock sector.
24.
To begin to address this situation the New York State Legislature enacted
Chapter 225 of the Laws of New York State of 2010 (Chapter 225). Chapter 225, which went
into effect on May 1, 2011, prohibits renting units in Class A multiple dwellings, as defined
under the New York Multiple Dwelling Law (MDL) and the New York City Housing
Maintenance Code (HMC), for less than 30 days.
25.
Before the enactment of Chapter 225, the MDL and HMC provided that Class A
multiple dwellings were to be occupied, as a rule, for permanent residence purposes. MDL
4(8), NYC Admin. Code 27-2004.a.8.(a). In January 2009, the Appellate Division, First
Department, contrary to long-held administrative understanding, viewed the term as a rule to
mean that owners of Class A SRO buildings could rent a significant portion of their rooms for
nonpermanent or transient occupancy, so long as the majority of the rooms were used for
nontransient occupancy. See, City of N.Y. v. 330 Continental LLC, 60 A.D.3d 226, 230-31, 873
N.Y.S.2d 9, 12-13 (1st Dept. 2009). 1
26.
The State Legislature enacted Chapter 225 in response to the courts decision,
thereby amending the MDL and other related laws to make clear, among other things, that the
rental of any unit in a Class A building for less than 30 days is prohibited. Chapter 225 became
effective May 1, 2011. The legislative justification for Chapter 225 was explained by the laws
sponsor in this manner:
The Multiple Dwelling Law and local Building, Fire and Housing
Maintenance Codes establish stricter fire safety standards for
dwellings such as hotels that rent rooms on a day to day (transient)
1
After the enactment of Chapter 225, this case was settled, with the defendants agreeing to a
permanent injunction against managing their properties as illegal hotels, and to pay the City of
New York $600,000.
basis than the standards for dwellings intended for month to month
(permanent) residence. There are substantial penalties for owners
who use dwellings constructed for permanent occupancy (Class A)
as illegal hotels. However, the economic incentive for this
unlawful and dangerous practice has increased, while it is easier
than ever to advertise illegal hotel rooms for rent to tourists over
the internet. This is especially so in New York City, which is
attracting visitors and tourists from around the world in record
numbers. In most cases tourists responding to such advertisements
are unaware that the rooms are being offered in violation of the
law. Not only does this practice offer unfair competition to
legitimate hotels that have made substantial investments to comply
with the law but it is unfair to the legitimate permanent
occupants of such dwellings who must endure the inconvenience
of hotel occupancy in their buildings and it decreases the supply of
affordable permanent housing. It endangers both the legal and
illegal occupants of the building because it does not comply with
fire and safety codes for transient use. Recently, law enforcement
actions against illegal hotels have been hindered by challenges to
the interpretation of permanent residence that enforcing agencies
have relied on for decades.
See New York State Assembly Memorandum in Support of Legislation (S. 6873-B, 233rd Leg.
(N.Y. 2010 (Sponsors Memo) Bill No. A10008).
27.
As recognized in New York City v. Smart Apartments LLC, 39 Misc 3d 221
(Sup. Ct., N.Y. Co., Engoron, J. 2013), the advertising, maintenance and operation of permanent
residential properties for short-term transient use where such use is prohibited and unsafe,
deceives consumers and creates a public nuisance endangering or injuring the property, health,
safety and comfort of residents in those buildings, residents in surrounding areas, and tourists
and visitors to New York City.
PARTIES
28.
Defendant NYC MIDTOWN LLC d/b/a 5th AVENUE SUITES and also
d/b/a WEST 46th ST. APARTMENTS is a limited liability company organized under the laws
of the State of New York, and upon information and belief is a lessee and/or manager or operator
of numerous apartments in the Buildings located at 15 WEST 55TH ST., 19 WEST 55TH ST., 334
WEST 46TH ST., AND 336 WEST 46TH ST. New York, New York, which are being advertised,
marketed, operated, maintained, and made available for illegal short-term, transient occupancies
for periods of less than thirty (30) days.
29.
Defendant NY CITY STAY LLC is a limited liability company organized
under the laws of the State of New York, and is upon information and belief a lessee and/or
manager or operator of numerous apartments in the Buildings located at 15 WEST 55TH ST., 19
WEST 55TH ST., 334 WEST 46TH ST., AND 336 WEST 46TH ST., New York, New York, which
are being advertised, marketed, operated, maintained, and made available for illegal short-term,
transient occupancies for periods of less than thirty (30) days.
30.
Defendant WEST 46TH STREET APARTMENTS is an unincorporated
business entity, who, upon information and belief, manages, advertises, and operates the illegal
operation in the Buildings located at 334 WEST 46TH ST., and 336 WEST 46TH St., New York,
New York, which advertises, markets, operates, maintains, and makes a number of apartments
available for illegal short-term, transient occupancy for periods of less than thirty (30) days.
31.
Defendant 5TH AVENUE SUITES is an unincorporated business entity, who,
upon information and belief, manages, advertises, and operates the illegal operation in the
Buildings located at 15 WEST 55TH ST. and 19 WEST 55TH ST., New York, New York, which
advertises, markets, operates, maintains, and makes a number of apartments available for illegal
short-term, transient occupancy for periods of less than thirty (30) days.
32.
Defendant ERAN SUKI, upon information and belief, is a natural person who
is a principal officer of NYC MIDTOWN LLC, NY CITY STAY LLC, 5TH AVENUE SUITES
and WEST 46TH STREET APARTMENTS.
10
ERAN SUKI is actively engaged in the
management and control of the real properties located 15 WEST 55TH ST., 19 WEST 55TH ST.,
334 WEST 46TH ST., and 336 WEST 46TH ST., New York, New York.
33.
Defendant BEN ZION SUKY, upon information and belief, is a natural person
and brother of Defendant ERAN SUKI. BEN ZION SUKY is a principal officer of DIRECT
REALTY LLC, the former owner of the Buildings located at 334 WEST 46TH ST and 336
WEST 46TH ST., during which time those Buildings were also operated to offer and rent units for
unlawful short-term transient use and occupancy.
34.
Defendant SALIM ASSA is, upon information and belief, a natural person, and
a principal officer of 15 WEST 55TH ST PROPERTY LLC, 19 WEST 55TH ST PROPERTY

LLC, and WEST 46TH ST INVESTORS LLC, and is an owner and actively engaged in the
management and control of the real properties located at, 15 WEST 55TH ST., 19 WEST 55TH
ST., 334 WEST 46TH ST., AND 336 WEST 46TH ST. New York, New York.
35.
Defendant 15 WEST 55TH ST. PROPERTY LLC, a business corporation
organized under the laws of the State of Delaware, is, upon information and belief, the owner of
record of the real property located at 15 WEST 55TH ST., New York, New York.
36.
Defendant THE LAND AND BUILDING KNOWN AS 15 WEST 55TH ST,
BLOCK 1271, LOT 27, County, City and State of New York, is first of the four real properties
whereupon the activities complained of have taken place and continue to take place.
37.
Defendant 19 WEST 55TH ST. PROPERTY LLC, a business corporation
organized under the laws of the State of Delaware, is, upon information and belief, the owner of
record of the real property located at 19 WEST 55TH ST., New York, New York
11
38.
Defendant THE LAND AND BUILDING KNOWN AS 19 WEST 55TH ST.,
BLOCK 1271, LOT 25, County, City and State of New York, is the second of the four real
properties whereupon the activities complained of have taken place and continue to take place.
39.
Defendant ARBOR REALTY PARTICIPATION LLC, a business corporation
organized under the laws of the State of Delaware, is, upon information and belief, the assignee
of the mortgage on 15 WEST 55TH ST. and the mortgage on 19 WEST 55TH ST., from Arbor
Realty SR, Inc., a Maryland corporation. Defendant is listed as a party solely based on its lien
interest in two of the Buildings subject to this action.
40.
Defendant WEST 46TH STREET INVESTORS LLC, a business corporation
organized under the laws of the State of New York, is, upon information and belief, the owner of
record of the real properties located at 334 WEST 46TH ST., and 336 WEST 46TH ST. New
York, New York.
41.
BLOCK 1036, LOT 47, County, City and State of New York, is the third of the four real
42.
BLOCK 1036, LOT 48, County, City and State of New York, is the fourth of the four real
43.
Defendant DIRECT REALTY, LLC, a business corporation organized under
the laws of the State of New York, is, upon information and belief, former owner of the
Buildings located at 334 WEST 46TH ST. and 336 WEST 46TH ST. during which time some of
the unlawful and hazardous activities complained of have taken place.
12
44.
Defendant U.S. BANK NATIONAL ASSOCIATION, a division of U.S.
Bancorp, a banking corporation formed under the laws of Delaware, is, on information and
belief, Trustee on behalf of the registered holders of Citigroup Commercial Mortgage Securities
Inc., and holders of the mortgage on 334 WEST 46TH ST. and 336 WEST 46TH ST. Defendant is
listed as a party solely based on its lien interest in two of the Buildings subject to this action.
45.
Defendants JOHN DOE and JANE DOE, numbers 1 through 20, are
fictitiously named parties, true names unknown, the parties intended being the owners, managers
or operators of the business being carried on by defendants at the Buildings located at 15 WEST
55TH ST., 19 WEST 55TH ST., 334 WEST 46TH ST., and 336 WEST 46TH ST,, and any person
claiming any right, title or interest in the four real properties which are the subjects of this action.
STATEMENT OF FACTS
A.
The Buildings in Which Defendants Allow and Operate Illegal

Transient Accommodations, Their Classification, and the Violations
Found on Inspection
i.
15 West 55th Street
46.
The building known as 15 WEST 55TH ST. is a Class A multiple dwelling,
as defined by the MDL and HMC.

47.
The current Certificate of Occupancy [# 62106] for the building lists Four
apartments on each story as the permissible use and occupancy for Floors One (1) through Eight
(8).
48.
As a result of community complaints, personnel from the Mayors Office of
Special Enforcement (OSE) inspected the Building at 15 WEST 55th ST. on April 23, 2014,
May 21, 2014, and July 29, 2014, to determine whether it was being operated in violation of law
13
and whether the use, occupancy and arrangement of that Building posed a danger to the health,
welfare and safety of the occupants or of the public generally.
49.
During each one of the three inspections OSE personnel found, among other
building violations, that Class A apartments that are legally only permitted for permanent
residential use within the Building at 15 WEST 55th ST. had been converted and were being
rented and occupied on a transient basis for less than 30-day stays, contrary to the applicable
Certificate of Occupancy and in violation of the Multiple Dwelling Law and the New York City
Building Code and Fire Code.
50.
In addition, serious fire and safety violations were observed during each one
of the three inspections conducted at that Building -- including violations involving the more
stringent requirements for transient occupancy and use. There were obstructed passageways on
several building floors; no fire alarm system was provided; and there was no automatic sprinkler
system, as required by the Building Code.
51.
As a result of these observations of hazardous violating conditions, a
Department of Buildings (DOB) Building Inspector and a Fire Protection Inspector from the
New York City Fire Department (FDNY), both assigned to OSE, issued a series of Notices of
Violation, FDNY Violation Orders, and FDNY Criminal Court Summonses. Many of the
violation notices also directed the defendant property owner, 15 WEST 55th ST. PROPERTY
LLC to discontinue the illegal short-term use and occupancy within that Building.
52.
Each one of the total eleven Notices of Violation issued by the DOB Inspector
on April 23, 2014, May 21, 2014, and July 29, 2014 either were admitted to by the defendant
owner 15 WEST 55th ST. PROPERTY LLC or were upheld pursuant to proceedings conducted
14
by the Environmental Control Board and monetary penalties were imposed for each one of the
eleven violations charged.
53.
On July 23, 2014, after the initial OSE visit to the Building on April 23, 2014,
the Administrative Enforcement Unit [AEU] of the NYC DOB issued three (3) additional
DOB violations to defendant 15 WEST 55TH STREET PROPERTY due to its failure to timely
certify correction on the aforementioned immediately hazardous [Class 1] ECB Violations. Each
one of these DOB violations issued by the AEU imposed a separate and additional DOB Civil
Penalty upon the respondent/defendant 15 WEST 55TH STREET PROPERTY. To date, the
respondent/defendant has failed to pay any one of those civil penalties imposed.
54.
To date, the defendant/respondent 15 WEST 55TH STREET PROPERTY has
still failed to correct each and every one of the ECB NOVs issued on April 23, 2014, May 21,
2014, and July 29, 2014 by the MTF and, consequently, each one of those violations are still
listed in DOB records as being OPEN NO COMPLIANCE RECORDED.
55.
On August 13, 2014, the AEU issued two follow-up violations to defendant 15
WEST 55TH STREET PROPERTY due to its failure to timely certify correction on the
aforementioned immediately hazardous [Class 1] ECB Violations that were issued on May 21,
2014. Each of the AEU-issued violations carried an additional civil penalty.
56.
Additionally, in response to new community complaints, other DOB
inspection teams visited the Building at 15 WEST 55TH ST. and found additional conditions in
violation of the Building Code, including, but not limited to: a May 12, 2014 inspection which
found work done on the Third (3rd) floor hallway without the proper DOB permits, specifically,
partitions of approximately eight (8) feet in height were erected, from floor to ceiling, and a
June 27, 2014, inspection which revealed renovations done on the Third (3rd) floor without the
15
required DOB permits, as well as obstructed exit passageways. After each of those inspections,
the DOB inspector issued ECB Notices of Violation to the defendant property owner for the
Immediately Hazardous conditions.
Defendant 15 WEST 55TH ST. PROPERTY LLC was
thereafter held by the ECB to be In Violation of the offenses charged and civil penalties were
imposed.
57.
Inspectors from the DOB returned to the property multiple times to determine
if the defendant building owner had remedied the violations. Each time, they found that the
conditions had not been remedied. More Notices of Violation [NOVs] were written, amounting
to tens of thousands of dollars in civil penalties.
58.
The latest such MTF code enforcement inspection at 15 WEST 55th ST. took
place on January 16, 2015. At that time, a CITY DOB Building Inspector determined that the
illegal short-term transient use and occupancy of the Building at 15 WEST 55th ST. was
continuing, as were the hazardous violations of the fire-safety-related provisions of the Building
Code.
59.
To date, the defendants have failed to comply with the ECB Notices of
Violation and the FDNY Violation Orders and the Building continues to be advertised, booked,
used, and occupied for short-term transient occupancy purposes, in violation of the New York
Multiple Dwelling Law, as well as the New York City Building Code and Fire Code.
ii.
60.
19 West 55th Street

The building known as 19 WEST 55TH ST. is a Class A multiple dwelling, as
defined by the MDL and HMC.
16
61.
The current Certificate of Occupancy for the Building [# 77969] states that for
this Class A Multiple Dwelling, the permissible use and occupancy for the First (1st) Floor is
for One Apartment, two Stores (Use Group 6), and one Doctors Office. For the Second (2nd)
through the Ninth (9th) Floors, as well as for the Penthouse, the only permissible use is for Class
A apartments [for Floors Two (2) through Seven (7) and the Ninth (9th) Floor, eleven (11)
Class A apartments are allowed for each Floor, with eight (8) and five (5) Class A
apartments allowed, respectively, for the Eight Floor and Penthouse.]
62.
Special Enforcement (OSE) inspected the Building at 19 WEST 55th ST. on April 30, 2014,
May 21, 2014, and again on August 9, 2014, to determine whether it was being operated in
violation of law and whether the use, occupancy and arrangement of that Building posed a
danger to the health, welfare and safety of the occupants or of the public generally.
63.
During each one of the three inspections, OSE personnel found, among other
building violations, that Class A apartments that are legally only permitted for permanent
residential use within the Building at 19 WEST 55th ST. had been converted and were being
rented and occupied on a transient basis for less than 30-day stays, in violation of the Multiple
Dwelling Law and the New York City Building Code and Fire Code.
64.
In addition, serious fire and safety violations were observed during each one of
the three inspections conducted at that Building -- including violations involving the more
stringent requirements for transient occupancy and use, including: lack of automatic sprinklers,
failure to provide a fire alarm system, failure to provide an unobstructed exit passageway, failure
to provide the number of required means of egress for every floor, and failure to comply with
requirements for fireproof self-closing doors on some of the floors.
17
65.
violation notices also directed the defendant property owner, 19 WEST 55th ST. PROPERTY
LLC to discontinue the illegal short-term transient use and occupancy within that Building.
66.
Each one of the total nineteen Notices of Violation issued by the DOB
Inspector on April 30, 2014, May 21, 2014, and August 9, 2014 either were admitted to by the
defendant owner 19 WEST 55th ST. PROPERTY LLC or were upheld pursuant to proceedings
conducted by the Environmental Control Board. Monetary penalties were imposed for each one
of the nineteen violations charged.
67.
On July 23, 2014, the Administrative Enforcement Unit [AEU] of the NYC
DOB issued six (6) additional DOB violations to defendant 19 WEST 55TH STREET
PROPERTY LLC due to its failure to timely certify correction on the aforementioned
immediately hazardous [Class 1] ECB Violations that were issued on April 30, 2014. Each one
of these DOB violations issued by the AEU imposed a separate and additional DOB Civil
Penalty upon the Defendant 19 WEST 55TH STREET PROPERTY LLC.
68.
The latest such MTF code enforcement inspection at 19 WEST 55th ST. took
place on January 16, 2015. At that time, a CITY DOB Building Inspector determined that the
illegal short-term transient use and occupancy of the Building at 19 WEST 55th ST. was
continuing, as were the hazardous violations of the fire-safety-related provisions of the Building
Code.
18
69.
Violation and the FDNY Violation Orders and the Building continues to be advertised, booked,
used, and occupied for short-term transient occupancy purposes, in violation of the New York
Multiple Dwelling Law, as well as the New York City Building Code and Fire Code.
70.
To date, the defendant 19 WEST 55TH STREET PROPERTY LLC has failed
to pay civil monetary penalties that have been imposed by the CITY resulting from the
aforementioned ECB violations, now totaling more than one-hundred and ten thousand dollars
[$110,000.00].
iii.
71.
334 West 46th Street

The building known as 334 WEST 46TH ST. is a three-story, Class A
multiple dwelling, as defined by the MDL and HMC.

72.
The current Certificate of Occupancy for the building [ # 86706] states that the
permissible occupancy for Floors One through Three is one Apartment per floor.
73.
Special Enforcement (OSE) inspected the Building at 334 WEST 46TH ST. on October 17,
2013 and on September 12, 2014 to determine whether it was being operated in violation of law
and whether the use, occupancy and arrangement of that Building posed a danger to the health,
74.
During the two inspections, OSE personnel found, among other building
violations, that a permanent Class A dwelling unit within the Building had been converted and
was being used other than for permanent residential purposes, contrary to the applicable
Certificate of Occupancy, in that the apartment was being used for short-term transient use, and
19
therefore also in violation of the Multiple Dwelling Law and the New York City Building Code
and Fire Code.
75.
In addition, serious fire and safety violations were observed during both of the
two inspections - violations involving the more stringent requirements for transient occupancy
and use. No fire alarm system is installed; there is no automatic sprinkler system; egress is
inadequate for transient accommodations, and full-height partitions had been erected to create an
additional bedroom and to create an additional opening to install a rear exit.
76.
violation notices also directed the then-current property owner to discontinue the illegal shortterm use and occupancy within that Building.
77.
Defendant DIRECT REALTY, LLC was the title holder to the Building at 334
WEST 46th ST. at the time of the issuance of the October 17, 2013 violations. Title subsequently
passed to co-defendant WEST 46th STREET INVESTORS LLC on or about December 24, 2013,
prior to the issuance of the September 12, 2014 violations at the Building.
78.
Defendant DIRECT REALTY LLC was held to be In Violation by the
Environmental Control Board by order issued on December 5, 2013 for the conditions noted on
the October 17, 2013 inspection, and civil penalties were imposed.
79.
At the time of the second OSE inspection, ownership of the property had
changed to Defendant WEST 46TH STREET INVESTORS, LLC.
20
80.
On January 15, 2014, the AEU of the NYC DOB issued three additional
violations due to the failure of the defendant building owner to timely certify correction for the
three immediately hazardous [Class 1] ECB violations noted during the October 17, 2013
inspection. For each AEU violation, an additional civil penalty was imposed.
Subsequent to the September 12, 2014 inspection, Defendant WEST 46TH
81.
STREET INVESTORS, stipulated to be In Violation on the charge of conducting work

without the required DOB work permit. A civil penalty was imposed.
82.
Thereafter, defendant WEST 46TH STREET INVESTORS was held to be In
Violation of each one of the other four violations stemming from that September 12, 2014 code
enforcement inspection and civil monetary penalties were imposed for each one of those
violations.
83.
Violation and the Building continues to be advertised, booked, used, and occupied for transient
occupancy purposes, in violation of the Multiple Dwelling Law, as well as the Building Code
and the Fire Code.
iv.
84.
336 West 46th Street

The building known as 336 WEST 46TH ST. is a three-story Class A multiple
dwelling, as defined by the MDL and HMC. It is a Heretofore Converted Class A multiple
dwelling, reflecting the fact that it was erected before April 18, 1929, as a one- or two-family
dwelling, and converted prior to April 18, 1929. The current Certificate of Occupancy for the
building [#107562] states that the permissible occupancy is for two (2) Apartments on each of
the three floors.
21
85.
Special Enforcement (OSE) inspected the Building at 336 WEST 46TH ST. on September 12,
2014 and on January 16, 2015, to determine whether it was being operated in violation of law
and whether the use, occupancy and arrangement of the Building posed a danger to the health,
86.
During the September 12, 2014 and January 16, 2015 code enforcement
inspections, OSE personnel found, among other building violations, that permanent Class A
dwelling units in the Building had been converted and were being used for other than permanent
residential purposes contrary to the applicable certificate of occupancy, in that two (2) permanent
residence apartments were observed being used for short-term transient use during the 2014
inspection and one (1) permanent residence apartment was observed being used for short-term
transient use during the 2015 inspection.
87.
In addition, serious fire and safety violations were observed during both
inspections - violations involving the more stringent requirements for transient occupancy and
use. Specifically, no fire alarm system is installed, there is no automatic sprinkler system, and
egress is inadequate for transient accommodations.
88.
As a result of these observations, a Department of Buildings (DOB) Building
Inspector and a Fire Protection Inspector from the New York City Fire Department (FDNY),
both assigned to OSE, issued a series of violations on September 12, 2014 and on January 16,
2015. The violation notices also directed defendant WEST 46TH STREET INVESTORS LLC to
discontinue the illegal short-term transient use and occupancy within that Building.
89.
Defendant WEST 46TH STREET INVESTORS LLC has been held In
Violation of the charges it was cited for on September 12, 2014 involving its failure to provide
22
proper fire protection alarm and sprinkler systems and adequate egress in its transiently occupied
Building at 336 WEST 46TH ST. Monetary penalties were imposed for each such violation.
90.
On December 3, 2014, the AEU of the NYC DOB issued four additional
violations due to the failure of the defendant building owner to timely certify correction for the
four immediately hazardous [Class 1] ECB violations noted during the September 12, 2014
inspection. For each AEU violation, an additional civil penalty was imposed.
91.
The latest MTF code enforcement inspection at 336 WEST 46th ST. took place
on January 16, 2015. At that time, a CITY DOB Building Inspector determined that the illegal
short-term transient use and occupancy of the Building at 336 WEST 46th ST. was continuing, as
were the hazardous violations of the fire-safety-related provisions of the Building Code.
92.
To date, the defendants have failed to comply with the notices of violation and
the Building at 336 WEST 46TH ST. continues to be advertised, booked, used, and occupied for
short-term transient use and occupancy purposes, in violation of the Multiple Dwelling Law, and
the Building Code, and the Fire Code.
B.
The Scope of the Business Operation of Defendants NYC MIDTOWN LLC,

NY CITY STAY LLC, WEST 46TH STREET APARTMENTS,
5TH AVENUE SUITES, ERAN SUKI, and SALIM ASSA
93.
The entire scope of the Defendants enterprise is most easily broken up by
location, with the two Buildings on 55th St. [15 WEST 55th ST. and 19 WEST 55th ST.] being run
and advertised as one transient accommodation 5th Avenue Suites and the two Buildings on
46th St. [334 WEST 46th ST. and 336 WEST 46th ST.] being run and advertised as another
transient accommodation West 46th Street Apartments.
23
i. 5th Avenue Suites

94.
Defendants NYC MIDTOWN LLC, ERAN SUKI, and 5TH AVENUE
SUITES, together operate a business of advertising, booking, operating and maintaining transient
accommodations for short-term stays of less than 30-days at 15 WEST 55TH ST. and 19 WEST
55TH ST. in Manhattan, buildings for which the legally permissible occupancy is Class A
Apartments.
95.
Defendants 15 West 55TH ST PROPERTY LLC and 19 WEST 55TH ST.
PROPERTY LLC, having as principal officer defendant SALIM ASSA, own the two Buildings,
respectively, at 15 WEST 55TH ST. and 19 WET 55th ST. and have continuously permitted and
allowed the aforesaid businesses to operate illegal hotels offering and providing short-term
transient occupancies for less than thirty-day stays at those two Buildings.
96.
Defendants 5TH AVENUE SUITES and NY CITY STAY maintain at least one
web site in conjunction with their illegal business.

97.
The web site is named NY City Stay, at http://www.nycitystay.com/, on
which Defendants NYC MIDTOWN LLC, NY CITY STAY LLC, ERAN SUKI, and 5TH
AVENUE SUITES directly advertise their short-term apartment accommodations at 15 WEST
55TH ST. and 19 WEST 55TH ST. to tourists and visitors. The web site openly offers and provides
for booking of accommodations which can be booked, and in fact usually are booked, for less
than 30 day-stays at those Buildings.
98.
Defendants NYC MIDTOWN LLC, ERAN SUKI, and 5TH AVENUE SUITES
advertise and take bookings for these illegal short-term transient accommodations at a variety of
other internet travel web sites, targeting different national markets in the United States and
elsewhere. Those currently identified by OSE as having advertisements for 5th Avenue Suites
24
include booking.com, expedia.com, kayak.com, h-rez.com, hotels.com, hotelplanner.com,

hotelscombined.com, and travelocity.com.
99.
In addition Defendants NYC MIDTOWN LLC, ERAN SUKI, and 5TH
AVENUE SUITES advertise the illegal short-term transient accommodations on a number of

web sites which do not directly take bookings but which jump to other web sites which do,
including bookings.com, hotels.com, and others. Those web sites include: tripadvisor.com and
lonelyplanet.com.
100. Nowhere in any of the aforesaid advertising do defendants inform consumers
that the accommodations are illegal and unsafe because they do not meet fire safety standards.
ii. West 46th St Apartments

101. Defendants NYC MIDTOWN LLC, NY CITY STAY LLC, ERAN SUKI, and
WEST 46TH ST APARTMENTS, together operate a business of advertising, booking, operating
and maintaining short-term transient accommodations for stays of less than 30-days at 334
WEST 46TH ST. and 336 WEST 46TH ST. in Manhattan, buildings for which the legally
permissible occupancy is Class A Apartments.
102. Defendant WEST 46TH STREET INVESTORS, having as principal officer
defendant SALIM ASSA, owns the two Buildings at 334 WEST 46TH ST. and 336 WEST 46TH
ST., and has continuously permitted and allowed the aforesaid illegal businesses to operate at
those two Buildings.
103. Defendant DIRECT REALTY LLC, having as principal agent Defendant
BENZION SUKY, is a former owner of the Buildings at 334 WEST 46TH ST. and 336 WEST
46TH ST. DIRECT REALTY LLC, during its tenure as owner, and BEN ZION SUKY also
permitted and allowed the aforesaid businesses to operate illegal hotels offering unlawful short-
25
term transient occupancies at their premises during the time that DIRECT REALTY LLC had
title to those two Buildings on 46TH Street.
104. Defendants NYC MIDTOWN LLC and NY CITY STAY LLC are responsible
for the day-to-day operation of the Buildings at 334 WEST 46TH ST. and 336 WEST 46TH ST. as
illegal short term transient accommodations. NYC MIDTOWN LLC is in fact the provider of
hospitality services at the two Buildings. NY CITY STAY LLC provides guest support as well.
105. Defendants NYC MIDTOWN LLC, NY CITY STAY LLC, ERAN SUKI, and
WEST 46TH ST APARTMENTS maintain at least one web site in conjunction with their illegal
business.
106. The web site is named NY City Stay, at http://www.nycitystay.com/, on
which Defendants NYC MIDTOWN LLC, NY CITY STAY LLC, ERAN SUKI, and WEST
46TH ST APARTMENTS directly advertise apartment accommodations at 334 WEST 46TH ST.
and 336 WEST 46TH ST. to tourists and visitors. The web site openly offers and provides for
booking of accommodations that can be booked, and in fact are routinely booked, for unlawful
short-term stays of less than 30 days.
107.
Defendants NYC MIDTOWN LLC, NY CITY STAY LLC, ERAN SUKI,
and WEST 46TH ST APARTMENTS also advertise and take bookings for these illegal
accommodations at a variety of other internet travel web sites, targeting different national
markets in the United States and elsewhere. Those currently identified by OSE as having listings
for West 46th Street Apartments include: booking.com (as West 46th Street Apartment (sic)),
expedia.com, kayak.com, h-rez.com, hotels.com, hotelplanner.com, and agoda.com (as West
46Th Street Apartment Hotel (sic)).
26
108.
In addition Defendants NYC MIDTOWN LLC, NY CITY STAY LLC,
ERAN SUKI, and WEST 46TH ST APARTMENTS advertise the illegal accommodations on a
number of web sites which do not directly take bookings but which jump to other web sites
which do, including booking.com., expedia.com, and others.
Those web sites include:
lonelyplanet.com, tripadvisor.com
109.
Nowhere in any of the aforesaid advertising do defendants inform consumers
that the accommodations are illegal and unsafe because they do not meet fire safety standards.
FIRST CAUSE OF ACTION CONSUMER

PROTECTION LAW - DECEPTIVE
TRADE PRACTICES
110.
Plaintiffs repeat and reallege paragraphs 1 through 109 as if contained
111.
A merchant impliedly represents that the products and services which he
herein.
advertises and sells are both legal and safe.

112.
Defendants written statements and advertisements inducing tourists and other
visitors to New York City to book accommodations in Class A multiple dwellings for stays of
less than 30 days, such rentals being illegal and unsafe, have by false representations and
omissions of material fact misled or deceived or tended to mislead and deceive consumers as to
the use of those accommodations. Defendants have thereby committed deceptive trade practices
in violation of 20-700 of the Consumer Protection Law.
SECOND CAUSE OF ACTION ILLEGAL
OCCUPANCY - VIOLATION OF THE
MULTIPLE DWELLING LAW
113.
Plaintiff repeats and realleges paragraphs 1 through 112 as if fully set
forth herein.
27
114.
Subdivision 8.a. of Section 4 of the New York Multiple Dwelling Law
(MDL) prohibits renting any unit in Class A multiple dwellings for less than 30 days. The
law provides that A class A multiple dwelling shall only be used for permanent residence
purposes, the term permanent residence purposes being defined by the statute to consist of
occupancy of a dwelling unit by the same natural person or family for thirty consecutive days or
more.
115.
Notwithstanding the requirements of the MDL, defendants have permitted,
maintained and used, and continue to permit, maintain and use dwelling units in the 15 WEST
55TH ST., 19 WEST 55TH ST., 334 WEST 46TH ST. and 336 WEST 46TH ST. Buildings for shortterm transient occupancies of less than 30 days, in violation of the MDL. Upon information and
belief, at least one unit in each Building located at 15 WEST 55TH ST., 19 WEST 55TH ST., 334
WEST 46TH ST. and 336 WEST 46TH ST. is being so illegally used and occupied, and has been
so used for a period of months.
116.
By reason of the foregoing, pursuant to Section 306 of the MDL, the plaintiff
is entitled to judgment against defendants, their agents, assigns, employees and all persons acting
individually or in concert with them, permanently enjoining them from using or occupying, or
maintaining, managing, operating, or permitting the use or occupancy of any of the units in the
Subject Premises for transient use and occupancy as prohibited by the MDL, and further
directing them to restore the Subject Premises to use and occupancy as permanent residences, as
required by the MDL for Class A multiple dwellings.
28
THIRD CAUSE OF ACTION BUILDING

CODE VIOLATIONS - ILLEGAL CHANGE
OF OCCUPANCY
117.
Plaintiff repeats and realleges paragraphs 1 through 116 as if fully set
forth herein.
118.
NYC Admin. Code 28-118.3.1 prohibits an alteration or change in the use or
occupancy of any building unless and until a written permit has been issued by DOB in
accordance with the requirements of the Building Code, and a certificate of occupancy issued for
the new use or occupancy.
119.
NYC Admin. Code 28-101.5 defines alteration to be Any construction,
addition, change of use or occupancy, or renovation to a building or structure in existence.

120.
The NYC Admin. Code 28-118.3.2 provides that no change may be made in
the occupancy or use of an existing building which is inconsistent with the last issued certificate
of occupancy of such building or which would bring it under some special provision of the code
or other applicable law or regulation.
121.
NYC Admin. Code 28-118.3.4 provides that a building in existence prior to
January 1, 1938, and legally used or occupied without a certificate of occupancy may continue to
be so used only so long as there is no change in the existing use or occupancy.
122.
NYC Admin. Code 28-118.3 provides that 28-118.3.1 through 28-
118.3.4 apply to all completed buildings.

123.
The legally permissible residential use and occupancy of each of the
Buildings, 15 WEST 55TH ST., 19 WEST 55TH ST., 334 WEST 46TH ST. and 336 WEST 46TH
ST., and each of their apartments, is for permanent residential occupancy.
29
124.
The defendants have caused and/or permitted the transient use and occupancy
of at least one apartment in each of the Buildings in violation of their legally permissible use and
occupancy.
125.
Defendants have not filed plans with the Department of Buildings to change
the use and occupancy of any of the apartments of the Subject Premises for transient occupancy.
126.
The Department of Buildings has not approved plans or issued permits for any
change of use and occupancy at the Buildings for transient occupancy.

127.
Defendants have permitted, directed and maintained the arrangement, use, and
occupancy of the Buildings in violation of their legally permissible use and occupancy.
128.
Defendants have changed the use and occupancy of the Subject Premises
contrary to their legally permissible use and occupancy, and have illegally done so without first
obtaining a certificate of occupancy for such changed use.
129.
The defendants are, therefore, in violation of NYC Admin Code 28-105.1,
and 28-118.3.1 through 28-118.3.4.

130.
By reason of the foregoing, pursuant to NYC Admin. Code 28-205.1, the
plaintiff is entitled to judgment against the defendants, their agents, assigns, employees and all
persons acting individually or in concert with them, permanently enjoining them from using or
occupying or permitting the use or occupancy of any of the units in the four Buildings for shortterm, transient use or occupancy of less than 30 days, and further directing them to restore the
four Buildings to the arrangement and occupancy permitted for them, and to comply with all
other sections of the Building Code.
131.
Sections 28-205.1 and 28-202.1 of the Administrative Code provides that any
person who shall violate any provision of the building laws, rules or regulations enforceable by
30
the New York City Department of Buildings shall be subject to the payment of a civil penalty, to
be recovered in a civil action brought in the name of the City in any court of record.
132.
The defendants have violated the following building laws at the Subject
Premises, all of which are enforceable by the New York City Department of Buildings: 28105.1, and 28-118.3.1 through 28-118.3.4 of the Administrative Code.
133.
Therefore, plaintiff THE CITY OF NEW YORK is entitled to a separate
judgment against the defendants in the amount set forth in 28-202.1 for each violation of the
laws referenced above, which laws are enforceable by the New York City Department of
Buildings.
FOURTH
CAUSE
OF
ACTION
STATUTORY
PUBLIC
NUISANCE
BUILDING CODE VIOLATIONS: ILLEGAL
OCCUPANCY INJUNCTION AND CIVIL
PENALTIES
134.
Plaintiff repeats and realleges paragraphs 1 through 133 as if contained
135.
In 1977, the City Council enacted the Nuisance Abatement Law (since
herein.
renumbered as section 7-701 et seq. of the Administrative Code), finding that:

Public nuisances exist in the City of New York in the
operation of certain commercial establishments and the use
or alteration of property in flagrant violation of the building
code, zoning resolution,multiple dwelling law, all of
which interfere with the interest of the public in the quality
of life and total community environment, the tone of
commerce in the city, property values and the public health,
safety, and welfare; the council further finds that the
continued occurrence of such activities and violations is
detrimental to the health, safety, and welfare of the people
of the city of New York
Admin. Code section 7-701.
31
136.
Under 7-703(d) of the Nuisance Abatement Law, any premises wherein
there is occurring a violation of section 27-147 [presently renumbered as section 28-105.1] or

section 27-217 [presently renumbered as section 28-118.3.2] of the Administrative Code is
deemed to be a public nuisance.
137.
Section 28-105.1 [formerly section 27-147] prohibits building construction
or alteration work without a permit having first been issued by the Department of Buildings.
Section 28-113.3.2 [formerly section 27-217] of the Administrative Code provides that no
change in use or occupancy which is inconsistent with the last issued certificate of occupancy
shall be made unless and until a new certificate of occupancy is first obtained from the
Department of Buildings authorizing such change.
15 WEST 55th ST.
138.
On April 23, 2014, May 21, 2014, July 29, 2014, and January 16, 2015,
the CITY determined that there was a change in use or occupancy at the Building at 15 WEST
55th ST. which is inconsistent with the last issued certificate of occupancy without first obtaining
a permit or new certificate of occupancy from the Department of Buildings authorizing such
change. There being violations of sections 28-105.1 and 28-118.3.1 through 28-118.3.4 of the
Administrative Code, public nuisances exist at 15 WEST 55th ST..
139.
Defendant 15 WEST 55TH ST. PROPERTY LLC was provided with
notices of the violations existing at the Building at 15 WEST 55TH ST. on or about April 23,
2014, May 21, 2014, July 29, 2014, and January 16, 2015.
140.
Defendant 15 WEST 55TH ST. PROPERTY LLC was determined to be In
Violation of each one of the violations it was charged with on April 23, 2014, May 21, 2014,
32
and July 29, 2014, as a result of subsequent proceedings before the Environmental Control
Board.
141.
Notwithstanding the results of the subsequent proceedings before the
Environmental Control Board confirming the illegality of the transient occupancies, the
defendants continue to illegally operate and manage the Subject Premises for such unlawful
occupancies.
19 WEST 55th ST.
142.
On April 30, 2014, May 21, 2014, August 9, 2014, and January 2, 2015,
the CITY determined that there was a change in use or occupancy at the Building at 19 WEST
55TH ST. which is inconsistent with the last issued certificate of occupancy without first
obtaining a permit or new certificate of occupancy from the Department of Buildings authorizing
such change. There being violations of sections 28-105.1 and 28-118.3.1 through 28-118.3.4 of
the Administrative Code, public nuisances exist at 19 WEST 55TH ST.
143.
Defendant 15 WEST 55TH ST. PROPERTY LLC was provided with
notices of the violations existing at the Building at 19 WEST 55TH ST. on or about April 30,
2014, May 21, 2014, August 9, 2014, and January 2, 2015.
144.
Defendant 15 WEST 55TH ST. PROPERTY LLC was determined to be In
Violation of each one of the violations it was charged with on April 30, 2014, May 21, 2014,
and August 9, 2014, as a result of subsequent proceedings before the Environmental Control
Board.
145.
33
occupancies.
334 WEST 46th ST.
146.
On October 17, 2013 and September 12, 2014, the CITY determined that
there was a change in use or occupancy at the Building at 334 WEST 46TH ST. which is
inconsistent with the last issued certificate of occupancy without first obtaining a permit or new
certificate of occupancy from the Department of Buildings authorizing such change. There being
violations of sections 28-105.1 and 28-118.3.1 through 28-118.3.4 of the Administrative Code,
public nuisances exist at 334 WEST 46TH ST.
147.
Defendant WEST 46TH STREET INVESTORS LLC was provided with
notices of the violations existing at the Building at 334 WEST 46TH ST. on or about October 17,
2013 and September 12, 2014.
148.
Defendant WEST 46TH STREET INVESTORS LLC either stipulated to be
held In Violation or was determined to be In Violation of each one of the violations it was
charged with on October 17, 2013 and September 12, 2014, as a result of subsequent proceedings
before the Environmental Control Board.
149.
occupancies.
336 WEST 46th ST.
150.
On September 12, 2014 and January 16, 2015, the CITY determined that
there was a change in use or occupancy at the Building at 336 WEST 46th ST. which is
34
inconsistent with the last issued certificate of occupancy without first obtaining a permit or new
certificate of occupancy from the Department of Buildings authorizing such change. There being
violations of sections 28-105.1 and 28-118.3.1 through 28-118.3.4 of the Administrative Code,
public nuisances exist at 336 WEST 46TH ST.
151.
Defendant WEST 46TH STREET INVESTORS LLC was provided with
notices of the violations existing at the Building at 336 WEST 46TH ST. on or about September
12, 2014 and January 16, 2015.
152.
Notwithstanding the issuance of the notices of violations issued to
defendant WEST 46TH STREET INVESTORS providing it with notice of the illegality of the
transient occupancies, the defendants continue to illegally operate and manage the Subject
Premises for such unlawful occupancies.
153.
Pursuant to sections 7-706(a) and 7-714 of the Administrative Code,
plaintiff THE CITY OF NEW YORK is entitled to a judgment against the defendants, their
agents, assigns, employees and all persons acting individually or in concert with them,
permanently restraining such public nuisances.
154.
Defendants have intentionally conducted, maintained or permitted the
public nuisances alleged in this cause of action.

155.
Pursuant to section 7-706(h) of the Administrative Code, plaintiff THE
CITY OF NEW YORK is entitled to a judgment against the defendants, their agents, assigns,
employees and all persons acting individually or in concert with them, permanently enjoining
them from using or occupying, or maintaining, managing, operating, or permitting the use or
occupancy of any of the units in the Subject Premises for transient use and occupancy, and
further ordering that they pay a separate penalty of $1,000 for each day that such defendant
35
intentionally conducted, maintained or permitted the public nuisances alleged in this cause of
action.
FIFTH CAUSE OF ACTION STATUTORY PUBLIC

NUISANCE MAINTAINING UNSAFE BUILDING
CONDITIONS WHICH ENDANGER THE SAFETY OF THE
PUBLIC INJUNCTION AND CIVIL PENALTIES
156.
157.
Under the Nuisance Abatement Law, section 7-703(l) of the Administrative
herein.
Code, any building, erection or place wherein there is occurring a criminal nuisance as defined in
New York Penal Law section 240.45 is a public nuisance.
158.
Pursuant to Penal Law section 240.45(1) a person has committed a criminal
nuisance when, [b]y conduct either unlawful in itself or unreasonable under all the
circumstances, he knowingly or recklessly creates or maintains a condition which endangers the
safety or health of a considerable number of persons.
159.
Defendants have unreasonably and unlawfully created and maintained
conditions which seriously endanger the life and safety of numerous persons who book transient
accommodations at the 15 WEST 55TH ST., 19 WEST 55TH ST., 334 WEST 46TH ST. and 336
WEST 46TH ST. buildings, in violation of their legal and permissible use and occupancy,
violations which were found to be Class 1 Hazardous Violations by the Environmental Control
Board. These violations included a lack of fire safety measures required to be provided for
transient occupancies.
36
160.
The hazardous conditions at the Subject Premises have continued uncorrected
over a substantial period of time, notwithstanding the findings by the Environmental Control
Board and New York City Criminal Court.
161.
Defendants conduct has endangered the safety of a considerable number of
persons, doing so intentionally and knowingly.

162.
As a result of the foregoing, there exists a public nuisance at the Subject
163.
Pursuant to sections 7-706(a) and 7-714 of the Administrative Code, plaintiff
Premises.
THE CITY OF NEW YORK is entitled to a judgment against the defendants, their agents,
assigns, employees and all persons acting individually or in concert with them, permanently
restraining such public nuisance.
164.
Defendants have intentionally conducted, maintained or permitted the public
nuisances alleged in this cause of action.

165.
Pursuant to section 7-706(h) of the Administrative Code, plaintiff THE CITY
OF NEW YORK is entitled to a judgment against the defendants, their agents, assigns,
action.
37
SIXTH CAUSE OF ACTION STATUTORY PUBLIC

NUISANCE BUILDING AND FIRE CODE VIOLATIONS:
FAILURE TO MAINTAIN INJUNCTION AND CIVIL
PENALTIES
166.
167.
Under the Nuisance Abatement Law, section 7-703(d) of the Administrative
herein.
Code, any premises wherein there is occurring a violation of sections 27-127 or 27-128
[presently renumbered as section 28-301.1] of the Administrative Code is deemed to be a public
nuisance.
168.
Section 28-301.1 [formerly sections 27-127 and 27-128] of the Administrative
Code requires that all buildings and all parts thereof be maintained in a safe condition, and that
All service equipment, means of egress, materials, devices, and safeguards that are required in
a building by the provisions of this code, the 1968 building code or other applicable laws or
rules, or that were required by law when the building was erected, altered, or repaired,
shall be maintained in good working condition.
169.
At the time of the inspections of the Building at 15 WEST 55TH ST. by
personnel from the MTF on April 23, 2014, May 21, 2014, July 29, 2014, and January 16, 2015,
the violations which they observed constituted a failure to maintain those Subject Premises in a
safe condition.
170. At the time of the inspections of the Building at 19 WEST 55TH ST. by
personnel from the MTF on April 30, 2014, May 21, 2014, August 9, 2014, and January 16,
2015, the violations which they observed constituted a failure to maintain those Subject Premises
in a safe condition.
38
personnel from the MTF on October 17, 2013 and September 12, 2014, the violations which they
observed constituted a failure to maintain those Subject Premises in a safe condition.
personnel from the MTF on September 12, 2014 and January 16, 2015, the violations which they
observed constituted a failure to maintain those Subject Premises in a safe condition.
173.
Upon information and belief, those conditions continue unabated to date.
174.
As a result of the foregoing, there exists a public nuisance at the Subject
175.
Premises.
restraining such public nuisances.
176.
Defendants have intentionally conducted, maintained or permitted the
public nuisances alleged in this cause of action.

177.
Pursuant to section 7-706(h) of the Administrative Code, plaintiff THE
CITY OF NEW YORK is entitled to a judgment against the defendants, their agents, assigns,
action.
39
SEVENTH CAUSE OF ACTION STATUTORY PUBLIC

NUISANCE - BUILDING CODE VIOLATION: WORK
WITHOUT A PERMIT INJUNCTION AND CIVIL
PENALTIES
178.
179.
Under the Nuisance Abatement Law, section 7-703(d) of the Administrative
herein.
Code, any premises wherein there is occurring a violation of section 27-147 [presently
renumbered as section 28-105.1] of the Administrative Code is deemed to be a public nuisance.
180.
Section 28-105.1 [formerly section 27-147] prohibits building construction or
alteration work without a permit having first been issued by the Department of Buildings.
15 WEST 55th ST.
181.
During an inspection of 15 WEST 55TH ST. conducted by the DOB on May
12, 2014, a DOB Inspector observed that at the Third (3rd) Floor, in the hallway, partitions of
approximately eight (8) feet in height were erected, from floor to ceiling. The inspector also
noted that such partitions were blocking the way to the second staircase for that floor.
182.
An ECB Notice of Violation and Hearing was issued by the Department of
Buildings as a result of that violation of Section 28-105.1 of the Administrative Code.

183.
Defendant 15 WEST 55TH STREET PROPERTY LLC was held to be In
Violation for having conducted such work without the required permit and, upon information
and belief, that violation has not been corrected to date.
184.
During another inspection of 15 WEST 55TH ST. conducted by the DOB on
June 27, 2014, a DOB Inspector observed that at the Third (3rd) Floor, renovation work was
evident. The inspector also noted that there was new electrical work, partitions and fixtures
40
installed without first having obtained the required DOB permit.

185.

186.
Defendant 15 WEST 55th ST. PROPERTY defaulted on this violation and a
civil penalty of four thousand dollars [$4,000.00] was imposed but has not yet been paid. To
date, no compliance has been recorded with the DOB Commissioners order to correct this
violation.
187.
As a result of the foregoing, there exists a public nuisance at the Building
located at 15 WEST 55TH ST.

334 WEST 46th ST.
188.
During an inspection of 334 WEST 46TH ST. conducted by the DOB on
September 12, 2014, a DOB Inspector observed that work had been conducted at the Building
without the required DOB work permit in that full height partitions were erected to create an
additional bedroom.
189.

190.
Thereafter, Defendant WEST 46TH STREET INVESTORS stipulated to be In
Violation for the September 12, 2014 notice of violation charging it for conducting work
without the required DOB work permit. A monetary penalty of four hundred dollars [$400.00]
was imposed.
191.
Upon information and belief, that violation has not been corrected to date.
192.
As a result of the foregoing, there exists a public nuisance at the Building
located at 334 WEST 46TH ST.
41
193.
restraining such public nuisance.
194.
Defendants have intentionally conducted, maintained or permitted the public
nuisance alleged in this cause of action.

195.
Pursuant to section 7-706(h) of the Administrative Code, plaintiff THE CITY
OF NEW YORK is entitled to a judgment against the defendants ordering that they pay a
separate penalty of $1,000 for each day that such defendant intentionally conducted, maintained
or permitted the public nuisances alleged in this cause of action.
EIGHTH CAUSE OF ACTION COMMON

LAW NUISANCE INJUNCTION, AND
COMPENSATORY
AND
PUNITIVE
DAMAGES
196.
Plaintiffs repeat and reallege paragraphs 1 through 195 as if contained
197.
The defendants have advertised, operated, and maintained apartments for
herein.
short-term stays of less than 30 days in multiple dwellings which legally are only available for
permanent residency, creating serious safety risks for the transient occupants of those
apartments, significant security risks in buildings not equipped to handle the security problems
associated with transient occupancy, and a degradation in the quality and comfort of the
surrounding residents, created by noise, filth, and the excessive traffic of unknown and
constantly changing individuals entering their places of abode.
42
198.
The unlawful activities promoted, maintained and allowed by the defendants
through their illegal practices, and the unsafe building conditions allowed by defendants, as
described in this complaint, are detrimental to the welfare, property, and safety of the citizens of
the City of New York and the public at large.
199.
They offend, interfere with and cause damage to the public in the exercise of
rights common to all, in a manner such as to endanger or injure the property, safety and wellbeing of a considerable number of persons.
200.
The defendants are therefore maintaining a public nuisance as known at
common law and in equity jurisprudence.

201.
Unless restrained by order of this court, the defendants will continue their
illegal activities and will absorb the costs of any fines and penalties imposed upon them as
routine operating expenses. In addition, the plaintiff CITY will be forced to continue expending
its limited resources in continued attempts to abate this harmful nuisance through administrative
inspections, summonses, and violation orders.
202.
The plaintiff therefore, has no adequate remedy at law.
203.
As a result of the foregoing, the plaintiff is entitled to a judgment against the
defendants, their agents, assigns, employees and all persons acting individually or in concert with
them, permanently restraining the above described common law public nuisance.
204.
Defendants have acted willfully, wantonly, and with a recklessness
betokening an improper motive, and have engaged in intentional misconduct and recklessly and
wantonly disregarded the safety, welfare, and rights of others in permitting and maintaining the
aforesaid common law public nuisance.
43
205.
Defendants have continued to engage in their illegal business, unabated. They
actively advertise and seek to rent numerous permanent residence units to tourist and visitors to
New York City for stays of less than 30 days, knowing that this constitutes an illegal use and
occupancy. Defendants have maintained this activity despite being put on notice by the City
through the issuance of repeated violations by the Department of Buildings and the Fire
Department, ordering that the transient occupancy violations cease.
206.
Plaintiff is thus entitled to compensatory and punitive damages because of the
knowing and ongoing common law nuisance created, maintained, and continued by defendants.
WHEREFORE, the plaintiffs demand judgment against the defendants as follows:
1.
Declaring that the defendants and each of them had knowledge of the existence of
the unlawful acts complained of herein, and failed to take reasonable measures to abate such
unlawful activity;
2.
Declaring that the defendants and each of them have managed, used, advertised,
booked, and operated numerous dwelling units at the Subject Premises for illegal transient use
and occupancy though prohibited by State and local laws, and continue to manage, use,
advertise, book, and operate the Subject Premises in a manner as to constitute deceptive trade
practices and a public nuisance;
3.
With respect to the FIRST CAUSE OF ACTION, pursuant to sections 20-703 of
the Administrative Code, an order

a. permanently enjoining defendants, their agents, employees or representatives, and
every person or entity acting individually or in concert with them, from further
violating the Consumer Protection Law and from committing the deceptive acts or
practices alleged herein;
44
b. imposing upon defendants fines in the amount of Five Hundred Dollars ($500) for
each and every knowing violation of the Consumer Protection Law, and Three
Hundred Fifty Dollars ($350) for each and every unknowing violation of the
Consumer Protection Law;
4.
With respect to the SECOND CAUSE OF ACTION, pursuant to section 306 of
the Multiple Dwelling Law,

a.
Permanently restraining the defendants, their agents, assigns, employees or

representatives, and every person or entity acting individually or in concert with
them from in any way permitting the Subject Premises to be used, advertised, or
occupied in any manner which violates the legal use and occupancy for the
premises, as permitted by Section 4 of the Multiple Dwelling Law or other State
and City laws.
5.
With respect to the THIRD CAUSE OF ACTION, pursuant to sections 28-205.1
and 28-202.1 of the New York City Admin. Code,

a.

occupied in any manner which violates the legal use and occupancy for the
premises, as permitted by the Multiple Dwelling Law and the New York City
Building Code, or which violates the provisions of the Building Code, which
prohibit a change in the use or occupancy of a building without first having
obtained a written permit from the Department of Buildings and a certificate of
occupancy authorizing a change in occupancy.
45
b.
Directing that the defendants and each of them pay to plaintiff THE CITY OF
NEW YORK the maximum penalty set forth in sections 28-202.1 and 28-202.2
for each violation of the provisions of the building laws;
6.
With respect to the FOURTH, FIFTH, SIXTH, and SEVENTH CAUSE OF
ACTION, pursuant to sections 7-706(a) and 7-714 of the Administrative Code,

a.
Directing that the Subject Premises shall be permanently and perpetually enjoined
and restrained as a place in or upon which to conduct, maintain, advertise, or
continue the public nuisances complained of herein by the defendants and by any
other person or persons;
b.

occupied in any manner which violates the legally permitted use and occupancy
for the premises.
c.
Pursuant to section 7-706(h) of the Administrative Code, directing the defendants

and each of them to pay to plaintiff THE CITY OF NEW YORK a separate
penalty of $1000 for each day that each such defendant intentionally conducted,
maintained or permitted each public nuisance complained of in the FOURTH
CAUSE OF ACTION, and for each day that each such defendant intentionally
conducted, maintained or permitted each public nuisance complained of in the
FIFTH CAUSE OF ACTION, and for each day that each such defendant
intentionally conducted, maintained or permitted each public nuisance
complained of in the SIXTH CAUSE OF ACTION, and for each day that each
46
such defendant intentionally conducted, maintained or permitted each public

nuisance complained of in the SEVENTH CAUSE OF ACTION.
7.
With respect to the EIGHTH CAUSE OF ACTION, pursuant to the common law
doctrine of public nuisance,

a.
permanently enjoining the defendants, their agents, assigns, employees or

them, from conducting, maintaining or in any way permitting the common law
public nuisance described herein;
b.
awarding the plaintiff THE CITY OF NEW YORK compensatory damages in an

amount to be set by the court, and punitive damages in the amount of $500,000
for the willful and wanton perpetuation of a common law public nuisance by
defendants;
8.
Pursuant to section 7-714(a) of the Administrative Code, directing the sheriff of
the City of New York to remove from the Subject Premises all furniture, fixtures, equipment,
material, instruments and movable property of whatever kind and nature used in conducting or
maintaining the nuisances complained of herein and directing said Sheriff to sell the same in the
manner provided for the sale of chattels under execution;
9.
Pursuant to section 7-714(g) of the Administrative Code, allowing, in addition to
the costs and disbursements allowed by the Civil Practice Law and Rules, the actual costs,
expenses and disbursements of plaintiff THE CITY OF NEW YORK in investigating, bringing
and maintaining this action, and directing that plaintiff THE CITY OF NEW YORK have
execution therefor;
47
Index No.
Year 2015
Plaintiff,

COUNTY OF NEW YORK
-againstNYC MIDTOWN LLC, et al.,

Defendants,
SUMMONS & VERIFIED COMPLAINT
Corporation Counsel
ZACHARY W. CARTER
Attorney for... Plaintiff...
Mayors Office of Special Enforcement
1 Centre Street, Rm. 1012N
New York, NY 10007
Tel.: (646) 576 - 3533
MARTIN I. NAGEL, Special Assistant Corporation Counsel
Due and timely service of a copy of the

Within is hereby admitted.
New York, ........................................................2015...........
.........................................................................................
Attorney for
To..........................................................................., Esq.
Attorney for
To the best of my knowledge, information and belief,

formed after an inquiry reasonable under the
circumstances, the presentation of these papers of the
contention therein are not frivolous as defined in
subsection (c) of section 130-1.1 of the Rules of the
Chief Administrator (22NYCRR)
Sign Name: ______________________________________
Mayors Office of Special Enforcement

1 Centre Street, Rm. 1012N
New York, NY 10007
(212) 788-7140
Print Name: ______________________________________

Address:
Telephone:

City V NYC Midtown LLC Complaint

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FILED: NEW YORK COUNTY CLERK 02/05/2015 12:55 PM

NYSCEF DOC. NO. 1

INDEX NO. 450151/2015

SUPREME COURT OF THE STATE OF NEW YORK

NYC MIDTOWN LLC, d/b/a 5th Avenue Suites and

Filed on February 5, 2015

SUPREME COURT OF THE STATE OF NEW YORK

NYC MIDTOWN LLC, d/b/a 5TH AVENUE SUITES

Plaintiff THE CITY OF NEW YORK (CITY) is a municipal corporation

incorporated under the laws of the State of New York.

This action is brought: to enjoin defendants from committing deceptive trade

short-term hotel or apartment accommodations in buildings designed for permanent

Many of these visitors are thus

For a business to mislead consumers by purveying illegal and unsafe consumer

Moreover, the advertising and booking of short-term transient accommodations

City government continually receives complaints from many sources calls to

a growing number of complaints from tourists who book

serious safety hazards, in particular with regard to fire protection, as

a burgeoning number of transient occupants, intermingled with

harassment of permanent tenants by owners who seek to evict those

an illegal siphoning off of a significant portion of the citys housing

As recognized in New York City v. Smart Apartments LLC, 39 Misc 3d 221

Defendant NY CITY STAY LLC is a limited liability company organized

Defendant WEST 46TH STREET APARTMENTS is an unincorporated

Defendant 5TH AVENUE SUITES is an unincorporated business entity, who,

ERAN SUKI is actively engaged in the

a principal officer of 15 WEST 55TH ST PROPERTY LLC, 19 WEST 55TH ST PROPERTY

Defendant 15 WEST 55TH ST. PROPERTY LLC, a business corporation

Defendant THE LAND AND BUILDING KNOWN AS 15 WEST 55TH ST,

Defendant 19 WEST 55TH ST. PROPERTY LLC, a business corporation

Defendant THE LAND AND BUILDING KNOWN AS 19 WEST 55TH ST.,

Defendant ARBOR REALTY PARTICIPATION LLC, a business corporation

Defendant WEST 46TH STREET INVESTORS LLC, a business corporation

Defendant DIRECT REALTY, LLC, a business corporation organized under

Defendant U.S. BANK NATIONAL ASSOCIATION, a division of U.S.

The Buildings in Which Defendants Allow and Operate Illegal

15 West 55th Street

The building known as 15 WEST 55TH ST. is a Class A multiple dwelling,

as defined by the MDL and HMC.

As a result of community complaints, personnel from the Mayors Office of

As a result of these observations of hazardous violating conditions, a

To date, the defendant/respondent 15 WEST 55TH STREET PROPERTY has

Additionally, in response to new community complaints, other DOB

Defendant 15 WEST 55TH ST. PROPERTY LLC was

19 West 55th Street

defined by the MDL and HMC.

As a result of community complaints, personnel from the Mayors Office of

As a result of these observations of hazardous violating conditions, a

334 West 46th Street

multiple dwelling, as defined by the MDL and HMC.

As a result of community complaints, personnel from the Mayors Office of

As a result of these observations of hazardous violating conditions, a

Defendant DIRECT REALTY LLC was held to be In Violation by the

changed to Defendant WEST 46TH STREET INVESTORS, LLC.

STREET INVESTORS, stipulated to be In Violation on the charge of conducting work

Thereafter, defendant WEST 46TH STREET INVESTORS was held to be In

336 West 46th Street

As a result of community complaints, personnel from the Mayors Office of

As a result of these observations, a Department of Buildings (DOB) Building

Defendant WEST 46TH STREET INVESTORS LLC has been held In

The Scope of the Business Operation of Defendants NYC MIDTOWN LLC,

The entire scope of the Defendants enterprise is most easily broken up by