ROBERT VILENSKY, on behalf of Rosa Reyes and Felix Martinez and all others similarly situated as authorized by section 50-e of the General Municipal Law; Claimants ~AGAINST- THE CITY OF NEW YORK; BUILDING DEPARTMENT OF THE CITY OF NEW YORK; THE DEPARTMENT OF HOUSING, PRESERVATION AND DEVELOPMENT; FORMER MAYOR WITT.TAM NERTASTO AND MRTANTR TARACCA Respondents To: Comptroller of THE CITY OF NEW YORK; BUILDING DEPARTMENT OF ‘The CITY OF NEW YORK; THE DEPARTMENT OF HOUSING, PRESERVATION AND DEVELOPMENT; FORMER MAYOR WILLIAM DEBLASIO AND MRTANTR TAROCCA PLEASE TAKE NOTICE, that the undersigned, on behalf of claimants, all others similarly, as authorized by section 50-e of the General Municipal Law. The name and post-office address of each claimant and claimants’ attorneys is: ALL CLAIMANTS PRESENTLY RESIDE 333 EAST 181° STREET BRONX, NEW YORK Attys: Ronemus & Vilensky, 112 Madison Avenue, New York, New York 10016. The nature of the claim: is for, personal injuries, pain and suffering, both mental and physical, fear of death, medical expenses, loss of services, loss of earnings, loss of home, loss of property, property damage, and alike as per 3&4 below. Claimants bring this action as a class action on behalf of themselves and all others similarly situated. The class is all persons who reside in, and/or who were legally on the premises, and/or suffered injuries on January 9, 2022 when a massive fire occurred at the premises known as 723’ Ragt 181% Street Bronx, New York. The members of the class are so numerous that joinder of all members is impracticable. While the exact number of the class members ie unknown to the claimants, claimants are informed and believes that there are hundreds of people that were injured and affected by the fire. Claimants claims are typical of the claims of the class because claimants and all members of the class sustained personal injuries and property damage which arose out of the defendants negligent and wanton conduct. Claimants are representative of the class and will fully and adequately protect the interests of all class members. Plaintiffs have retained counsel who are experienced in class action cases and are experienced fire litigation lawyers. Plaintiffs have no interests which are contrary to or in conflict with those of the class they cock to represent. A class action would be supesius to all other available methods for fair and efficient adjudication of this controversy. The prosecution of separateactions by individual class members would create a risk of inconsistent adjudications concerning the subject of the action. There are common questions of law and fact to the members of the class which predominate over and questions which may affect only individual members in that the respondents have acted on grounds generally applicable to the entire class. The claim arose on or about January 9, 2022 at approximately 10:00 a.m. at the building known as 333 East 181°* Street, Bronx, New York. At or about that time a major fire broke out in an apartment uu Lhe third floor of the building. rhe rire eventually spread throughout the building, killing many people and injuring many others and displacing many. Newspaper accounts of the fire are attached hereto and made part hereof. At said building, there are supposed to be self-closing doors which automatically close when one exits the apartments. Said apartment doors and the returns on said apartment doors become rusty over time and the springs on the door returns need to be replaced over time. The City of New York’s Building Department is charged with the responsibility to ensure that landlords make each one of those doors operate correctly. The respondents herein failed in every way to ensure that said landlords for the building herein maintained the buildings doors and returns and apartment doors in good working order to make sure they close when one leaves the apartment. The City of New York, former Mayor William deBlasio, and Commissioner of Buildings Melanie LaRocca have known of this condition for many, many years now and certainly since December 28, 2017 when a fire occurred at 2363 Prospect Avenue, Bronx, New York, killing 13 people and injuring many others. At that time, former Mayor William deBlasio promised to ensure that the building department inspectors inspected all buildings for these issues. Yet it is obvious that said Department Building and politicians only give “lip service” to safety issues and fire issues and are responsible for the resulting injuries and deaths. Upon information and belief, the respondents had issued violations against the owners of the building for the owner’s failure to properly ensure and require that operating smoke detectors were in the apartments and in the building. Said respondents further failed to make sure that such smoke detectors had in fact been replaced and were operating. Claimants contend that the respondents violated and breached the special duty relationship that the respondents had with all of the claimants. A duty is found when there is a special xelationship between the minicipality and a class of persons. Claimants contend that the respondents violated a duty commanded by a statute enacted for the special benefit of particular persons, opecifically the claimants he:eiu. Further, that tne respondents had voluntarily assumed a duty, the proper exerciseof which was justifiably relied upon by the claimants herein. rvurthermore claimants contend that the respondents assumed positive direction and control of the building and its occupants and specially the claimants herein and knew that blatant and dangerous safety violations existed at the premises where the fire ocenrred, The claimants were caused to be injured and caused to suffer personal injuries and property damage and alike due to the negligence of the respondents in failing to require the owners of the premises to replace smoke detectors, in failing to make sure that smoke and fire detectors were operating in the building, in issuing violations against the building for failure to have proper smoke detectors and not making sure that such smoke detectors were in fact put in and operating, in failing to make sure the owners placed smoke and fire detectors in the hallways of the building, , in causing a trap like condition to remain at the building, in failing to repair said area, in permitting the area to remain in a negligent and careless condition, in causing and allowing a dangerous condition to be and remain in the area, in failing to maintain the area in a safe condition for those using the same, in causing and permitting and allowing the area to be in a broken, cracked, defective and dangerous condition, in allowing a defect to develop and remain in the area, failed to make sure adequate and leqal heat was provided, in allowing the area to be in a state of disrepair, in failing to repair the area, in failing to correct or remove the unsafe condition, in causing, allowing and permitting the area to he maintained in a negligent and careless manner for a long and/or unreasonable period of time, despite notice, actual and/or constructive, in failing to inspect, and otherwise being negligent in the premises. ‘The items of damage or injnries claimed are as follows: personal injuries, pain and suffering, both mental and physical, loss of services, fear of death, medical expenses, loss of earnings, loss of home, loss of property, property damage,. EACH CLAIMANT CLAIMS SEPARATELY AN AMOUNT IN EXCESS OF ALL JURISDICTIONAL LIMITS OF ALL LOWER COURTS AND NO LESS THAN $1,000,000,000.00 FOR ALT, MEMBERS OF THE CLASS Claimant demands payment of $1,000,000,000.00, FOR ALL MEMBERS OF THE CLASS AND ON BEHALF OF EACH AND EVERY CLAIMANT SEPARATELY, plus interest, costs and disbursements. The undersigned on behalf of the claimants therefore presents this claim for adjustment and payment. You are hereby notified that unless it is adjusted and paid within the time provided by law from the date of presentation to you, the Glaimanta intend ta commence an action on thie claim.ILENSKY, on behalf of Rosa Reyes and Felix Martinez and all Others similarly situated as authorized by section 50-e of the General Municipal Law; we, or vilensky Attordéys For Claimant 31? Madison Avenne Second Floor New York, New York 1UU16 219-779-7070 State Of New York, County Of New York ss Robert Vilensky, being duly sworn, deposes and says that the deponent is filing this claim on behalf of the claimant in the Within action; that he has read the foregoing Notice Of Claim and knows the contents to be true to deponent.'s aun knowledge, except as to the matters therein stated to be alleged on information and belief, and that 4s to those matters deponent believes it to be trne. behalf of Kosa Keyes and Felix Martinez and similarly situated ac authorized by section 50-e of the Genefal Municipal Law; Sworn to before me this 10th day of January 2022 Onde Notary Public CHRISTINE DIAZ Commtesionar of Deed. City of New Vor No. 47478 Cert Filed in New York Count ‘Gommession Eapires July 1, 201022, 6:08 PM ‘Bronx buiding in deadly blaze had two dozen violations STUNG LEY Bronx building in deadly blaze had two dozen violations and complaints By Nolan Hicks, David Meyer and Jorge Fitz-/Sihb January 9, 2022 8:38pm Updated MORE ON: hitps:nypost.com!2022101/09/bronx-bulding in-deadly-blaze-had-Awe-dazen-violatons! a41022, 6:08 PM ‘Bronx buiding in deadly blaze had two dozen violations Exclusive first look inside Bronx apartment where deadly blaze began The Bronx building where at least 19 people died in a massive blaze Sunday was cited for more than two dozen violations and complaints — despite $25 million in state loans for repairs. The citations, including for vermin infestation and faulty elevators, came after the 2013 infusion of state cash — and before the building was sold to an investment group two years ago, records reviewed by The Post show. The 194story, 120-unit building has been hit with complaints and violations since 2014. Part of a complex initially known as Twin Parks, the building went up in 1972 as an urban renewal project constructed by the state UrbaDevelopment Corporation — the present-day Empire State Development Corporation. The building was owned by Cammeby’s Intemational Group, whose principal is real estate mogul Rubin Schron, until it was sold to a consortium of three investor graups in December 2019. hitps:nypost.com!2022101/09/bronx-bulding in-deadly-blaze-had-Awe-dazen-violatons! a41022, 6.08 PM ‘Bronx buiding in deadly blaze had two dozen violations (TEA OLELY The #120-unit building was citec foc more then two cozen violations and complaints, inciucing vertin infestation and faulty elevators, tumas &. Gasten But not before Schron, a pal of onetime state Assembly Speaker Sheldan Silver, gat nearly $25 million in state loans to make repairs and upgrades at the building. Since 2014, one year after Schron got the state loans, the building amassed more than two dozen complaints and violations, none related to fire hazards or potential lapses in safety standards, city records show. ‘A message left for Schron Sunday was not returned. hitps:nypost.com!2022101/09/bronx-bulding in-deadly-blaze-had-Awe-dazen-violatons! ana1022, 6.08 PM Florida couple abducted man ‘orfiree Haye ‘Bronx buiding in deadly blaze had two dozen violations LOG IN Ghistaine Maxwell victios ‘says Virginia TThe building was erected in 1972 as an urban renewal project constructed by the state UrbaDevelopment Corporation, known tocay as the Empire State Development Corporation, RELTERS The 2019 sale of the building was part of a $166 million deal for eight rent-regulated buildings in the Bronx, according to Real Estate In-Depth. Rick Gropper, the co-founder of one of the three firms, Camber Property Group, was a member of the housing committee for the mayoral transition team of Eric Adams, sources said. hitps:nypost.com'2022101/09!bronx-bulding in-deadly-blaze-had-two-dozen-violatons!1110722, 608 PM ‘Bronx buiding in deadly blaze had two dozen violations (TEA OLELY ee Det) - Fg eB ie Tara © Deadliest NYC ema UE ered eh ae Rens s SE eT Se ee The ather two investment firms with ownership of the building are LIHC Investment Group and Belveron Partners. “We are devastated by the unimaginable loss of life caused by this profound tragedy,” the ‘owners said in a statement. hitps:nypost.com!2022101/09/bronx-bulding in-deadly-blaze-had-Awe-dazen-violatons!1022, 6.08 PM Bronx building in deadly blaze had two dozen volaions (TEA OLELY “Infestation consisting of roaches in the entire apartment located at apt. 12M, 12th story,” one complaint reported in October said. Most of the roach and rat complaints revolved around the 12th-floor unit, although another cited mice infestation in a sixth-floor apartment. A report from April last year noted a water leak in the same sixth-floor apartment. The high-rise has also been the subject of six complaints and 14 violation citations with the city Department of Buildings, records show. hitps:nypost.com!2022101/09/bronx-bulding in-deadly-blaze-had-Awe-dazen-violatons! ana10722, 608 PM ‘Bronx buiding in deadly blaze had two dozen violations (TEA OLELY The Sunday morning blaze Killed 19 people, including nine children, and injurec cozens af others ne All of the violations have been addressed, the records show. The building was most recently the subject of a DOB complaint on March 25 for not having a working elevator, with a similar complaint filed on April 9, 2019. Another complaint cited scaffolding that did not meet safety standards in 2015. hitps:nypost.com'2022101/09/bronx-bulding in-deadly-blaze-had-Awe-dazen-violatons! m410722, 608 PM ‘Bronx buiding in deadly blaze had two dozen violations (TEA OLELY Fire Commissioner Daniel A. Nigro said the apartment building was potentially buill outside the New York City Fire Coce. REUTERS The fire at the building, reported shortly before 11 a.m. Sunday, killed at least 19 people, including nine children, and left dozens of others injured, officials said. “It was potentially built outside the New York City Fire Code,” Fire Commissioner Daniel Nigro said at a press briefing. “Certain buildings can be built under different standards.” But, he added, the fire “never extended anywhere else in the building,” and said it appears “that was not a factor.” DEPARTMENT OF BUILDINGS FIRES THE BRONX vsi22 Exclusive first fook inside Bronx apartment where deadly blaze began SPONSOREDSTORIES hitps:nypost.com!2022101/09/bronx-bulding in-deadly-blaze-had-Awe-dazen-violatons! end