SUPREME COURT OF THE STATE OF NEW

YORK COUNTY OF NEW YORK

SUMMONS

SAVOY MANAGEMENT CORPORATION,

IAS PART

-----------------------------------x
Plaintiff ,

HON .
Index No :

- against LEVIEV FULTON CLUB LLC, WONDER

WORKS CONSTRUCTION CORP., FULTON
CLUB LLC, CONWAY STORES, INC . ,
Defendants
.

/2005

Plaintiff designates
New York County
as the place of trial
The basis of venue
is plaintiff's residence
Plaintiff
resides
at
151
Williams
Street , New York,
New York

-----------------------------------x
TO:

Leviev Fulton Club, LLC

c/o Wonder Works Construction

corp.

18 West 21st Street

New York, N.Y. 10010

Wonder Works Construction Corp.

18 West 21st Street
New York, N.Y. 10010
Fulton Club LLC
c/o Wonder Works Construction
Corp.
18 West 21st. Street
New York, N.Y.
10010
Conway Stores, Inc.
1333 Br oadway

YOU ARE HEREBY SUMMONED and

FlLED
'JUN O 5 2006

New

York, N.Y. 10018

required to answer the within

complaint in this action, and to serve a copy of your answer

upon

Supreme Court Records Online Library .page 1 of 14

the undersigned, within twenty ( 2 0 ) days after the service of

this summons, exclusive of the day of service, or within
thirty (30) days after service is complete if this summons
is not personally delivered to you within the State of New
York;

and

in

case

of

your failure to appear or answer,

judgment will be taken against you by default for the relief

demanded in the complaint .
Dated: New York, N.Y .
June 2 , 2006

DAVID ROZENHOLC & ASSOCIATES

Attorney(s) for Plaintiff
By ,
David H. Pritchard

East 84th Street

New York, New York 10028
( 212 ) 983-4141

Supreme Court Records Online Library . page 2 of 14

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

--------------------------------------x
SAVOY MANAGEMENT CORPORATION,

Index No .

-against-

Plaintiff
,

VERIFIED COMPLAINT

LEVIEV
FULTON LLC WONDER WORKS
CLUB,
FULTON CLUB, LLC,
CONSTRUCTION
CORP. , CONWAY Defendants.
STORES, INC.
J

06107734

-------------------------- -- --Plaintiff, by its attorneys, DAVID ROZENHOLC& ASSOCIATES, as

and for its complaint against defendant , hereby alleges that ;
1.

Plaintiff Savoy Management

Corporation

( "Savoy" )

is a

corporation formed under and existing by virtue of the

laws of the State of New York, which maintains its
principal place of business on the fourth floor of 151
William Street , New York, N.Y .. (the "Premises).
2.

Defendant

Leviev

Fulton

Club

LLC

upon

information and belief is a limited liability company

which

maintains

an

office

c/o,

Wonder

Works

Construction Corp., 18 West 21" Street, New York,

N .Y . 10 010 .

3 .

Upon information and belief Defendant Leviev Fulton

Club LLC is the owner of the building located at and

known as 151 William Street, New York, New York, also
known as 111 Fulton Street (the "Building" ).

Supreme Court Records Online Library - page 3 of 14

4.

Defendant

Fulton

Club

LLC

is

limited

liability company formed under and existing by virtue of the

laws of the State of New York , which upon information and
belief maintains an address for service of process by the
New York State Department of State as follows: Warren Sussman
c/ o Wonder Works, 18 West 2 1st Street, 4th Floor, New York, New
York

10 010 and

which,

upon

information

and

belief

is

affiliated with Leviev Fulton Club LLC and has an interest

in the Building.
5.
a

Defendant

Wonder

Works

Construction

Corp. is

corporation formed under and existing by virtue of the laws

of the State of New York, which maintains its principal place of

business at 18 west 21l Street, 4 tri Floor, New York, New York
10010

which upon information and belief is an agent for and

affiliated with Leviev Fulton Club LLC and has an interest in

the Building.
6. Defendant Conway Stores, Inc . is a corporation
formed under and existing by virtue of the laws of the State
of New York, which maintains it s principal place of business
at 1333 Broadway, Third Floor, New York, New York 10018 and
which, upon information and belief, is an agent for and
affiliated with Leviev Fulton Club LLC and has an interest
in the Building.
7.

On

or about November 20, 2001 plaintiff entered

into a lease ( the "Lease") with Leviev Fulton Club LLC's

predecessor in interest for a term of four years and two
months for a portion of the fourth floor (the "Premises") of
the building located at and

Supreme Court Records Online Library page 4 of 14

known as 151 William Street, New York, N.Y. ,

8.

The Lease contains an option to extend the term for a period

of five years.

9.

On January 17, 2005, Savoy exercised its option to renew the

lease.
10.

On June 1, 2006 plaintiff received notice that the

Building was sold to defendant Leviev Fulton Club, LLC.

11. Leviev Fulton Club LLC is not listed with the New York State
Department of State Division of Corporations.

12. The notice of sale states that rent should be sent to

Leviev

Fulton

Construction Corp
...

Club
,

LLC

addressed

to

"c/o

Wonder

Works

and further states that notices to the

11

landlord under the lease should be to Leviev Fulton Club LLC

c/o
Conway Stores, 1333 Broadway, New York, N.Y.
13 . Just prior to closing plaintiff' s principal was

approached by the principals of the purchaser, who stated that

the Building was being purchased by Fulton Club. They also
stated that it is their intention to convert the upper six
floors of the building to residential condominiums.
14.

They also stated they needed to start work right away. They told

plaintiff' s principal

that they wanted Savoy out as fast as

possible and asked whether it could be out of

60 days.
15.

Savoy declined to vacate .

Supreme Court Records Online Library .page 5 of 14

the Building in

16. . After this conversation a construction office was opened

on the mezzanine floor. Upon information and belief no plans
had

been

filed

Buildings

with

the

no permits

and

New
were

York
issued

City

Department

of

for

demolition

or

construction.
17. Thereafter

Defendants

commenced

demolition

on

the

upper

of

jackhammer

floors of the building.

18. Holes

were

cut

in

the

roof

by

crew

operators.
19. Interior partitions were demolished. Ceiling tiles were ripped
out and electrical cables were removed.
2 0 . Cleaning service (required under paragraph 32 of

the Lease) was substantially reduced.

21. Plaintiff objected to the illegal demolition and

raised the issue of asbestos and lead contamination of the

premises in writing ,
22. The noise from the demolition is deafening . The air
in the premises is full of dust.
23. The ceiling, walls and floor vibrate.
24. It is impossible to make telephone calls, write letters, hold
meetings

or conduct other business activities in Savoy's

space when the demolition is being done in the building.

25. As a

result

illegal

work

of

the

several

vibration,
staff

dust

persons

and
in

noise

the

from the

Premises

have

developed pounding headaches and were forced to leave work.

Supreme Court Records Online Library - page 6 of 14

26 . Noise from the demolition starts

27.
Dust

morning and lasts into

the

early in the

evening.

raised by the work lies everywhere throughout the Premises .

28. The staff working in the premises are afraid that they are
breathing friable asbestos and dust from damaged
29.

The

sole reason

to commence demolition in

the

f or

lead paint .

the def endants

Building was

decision

it force Savoy to

vacate the premises and abandon its valuable lease_

30.

On

May

2 6 , 2006

a "Stop Work

Order"

from the

New

York City

Department of Buildings was posted on the Building, indicating that

the work being done was illegal .
31.

On May 29, 2006 a member of plaintiffs staff was denied access to

the building.
32 .

The Lease sets f orth certain obligations of the

33

Paragraph

landlord.
17

of

the

Lease states

that

the

landlord covenants that the tenant may peaceably and quietly

enjoy the demised premises if it pays the rent and complies with
the requirements of the Lease.
34.

Paragraph 32 of the Lease provides that the landlord will

provide elevator service, heat, and cleaning service.
35.

Paragraph 46 of the Lease provides, inter alia, that the

Supreme Court Records Online Library - page 7 of 14

landlord will provide air conditioning.

36. Savoy and its affiliates will suffer irreparable harm to its
business

if

defendants

are

not

enjoined

from

illegally

demolishing the interior of the building and converting

the

Building to luxury residential condominiums.

37 . Savoy seeks a declaration of the legal

rights,

relations and duties of the parties with respect to the

Lease and the work initiated

by

the defendants .

Savoy has no adequate remedy at law.

38.

AS AND FOR A FIRST CAUSE OF ACTION

Plaintiffs repeat and reiterate each and every

1.

allegation contained in paragraphs one through thirty-eight as

though fully set forth herein.
2

justifiable

controversy

exists

as

to

whether

Defendants have the right to reduce or eliminate services

required

by

the

lease

and

deprive

the

plaintiff

of

the

beneficial use of the Premises.

3.

Plaintiff has no adequate remedy at law.

AS AND FOR A SECOND CAUSE OF ACTION

1.

Plaintiff repeats and reiterates each and every allegation

contained in paragraphs one through thirty-eight above as
though fully set forth herein .
2.

By

reason of

Supreme Court Records Online Library page 8 of 14

the

foregoing

defendants

should be

permanently enjoined from any further interior demolition

and required to restore the Building to its condition prior
to the interior demolition and work on the roof, or in the
alternative, defendants should be permanently enjoined from:
(A) failing to maintain services to plaintiff including but not
limited to water, electricity, air conditioning, elevator
and

cleaning

services

to

the

demised

premises

and

the

public areas of the Building; and

( B) continuing to conduct any interior demolition or

construction
Department

without
of

permits

Buildings

from

for

the
such

New

York

City

demolition

or

construction; and
(C)

conducting any demolition or construction in or upon the

Building which can reasonably be expected to interfere with
the plaintiff' s use of and/or access to the demised
premises during the hours from 8:00 AM to 7:00 PM; and

(D)

conducting any demolition or construction in or upon the

building at any time which can reasonably be expected to
inter f ere with the plaintiff's

quiet

enjoyment

of

the

demised premises; and

(E)

taking

any

other

action

to

evict,

disturb,

or

harass

Plaintiff or otherwise interfere with Plaintiff's, and/ or any of

its' affiliates' occupancy or enjoyment of the leasehold;
and
(F)

failing , during any demolition and/or construction pursuant

to New York City Department
to

of Buildings permits

conduct

weekly

demolition
whether

environmental

and/or

construction

testing
is

at

taking

the

time

such

place to determine

the premises occupied by plaintiff and the elevators

and public areas of the building are safe for use as offices,
and

if

the premises

defendant

be

contamination

are

found

required
in

the

to

demised

to

be

contaminated

immediately

that the

remediate

premises , public

areas

any
and

elevators .
3.

Plaintiff has no adequate remedy at law.

AS AND FOR A THIRD CAUSE OF ACTION

1.

Plaintiff repeats and reiterates each and every

allegation contained in paragraph one through thirty-eight

above as thorough fully set forth herein.
2 . As a result of the wrongful actions of Defendants, plaintiff has
been forced to retain legal counsel to represent it in this
action.
3.

The total cost of such representation is unknown at this

time and is not and will not be less than $10,000.00.

4.

By virtue thereof, plaintiff has been damaged in the

amount to be determined

by

this Court

1.n no event less

than
$10,000.00.

WHEREFORE ,

plaintiff

respectfully prays for judgment as

follows:
1.

On the First Cause of Action a declaration that defendants

Supreme Court Records Online Library page 10 of 14

violated

the obligations

to Savoy

set forth

in the

Lease and willfully deprived Savoy and its Affiliates

of the beneficial use and enjoyment of the premises;
2.

On the Second Cause of Action, a permanent injunction

against defendants from any further interior demolition

and requiring defendants to restore the Building to its

condition prior to the interior demolition and work on
the roof, or in

the alternative, a permanent injunction

against defendants from: (A) failing to maintain services

to plaintiff including
but

not

limited

conditioning,

to

elevator

water,
and

electricity

cleaning

services

air

to

the

demised premises and the public areas of the Building;

and
( Bl continuing to conduct any interior demolition

or construction without permits from the New York City

Department

of

Buildings

for

such

demolition

or

construction; and
(C) conducting any demolition or construction in or upon
the

Building

which

can

reasonably

be

expected

to

interfere with the plaintiff' s use of and/or access to

the demised premises during the hours from 8:00 AM to
7:00 PM; and
(D) conducting any demolition or construction in or upon the
building at any time which can reasonably be expected to
interfere with the plaintiff

s quiet enjoyment of the

demised premises; and

(E) taking any other action to evict, disturb, or harass

Supreme Court Records Online Library . page 11 of 14

Plaintiff or otherwise interfere with Plaintiff's, and/or

any

of its' affiliates' occupancy or enjoyment of the

leasehold; and
(F) failing,

during

any

demolition

and/or

construction

pursuant to New York City Department of Buildings permits

to conduct weekly environmental testing at the time
demolition

and/or

construction

is

taking

place

such
to

determine whether the premises occupied by plaintiff and

the elevators and public areas of the building are safe

for use as offices,

and if the premises are found to be contaminated that the
defendant

be

required

to

immediately

remediate

contamination in the demised premises, public areas

any
and

elevators .

3.

On

the

Third

Defendants
ascertained

Cause

jointly
at

of

and

trial

but

Action

judgment

severally
not

less

an

against

amount

than

ten

($10,000.00) dollars.
Dated: New York, New York
May 2, 2006
DAVID ROZENHOLC &
ASSOCIATES

By ,
David H. Pritchard

Attorneys for Plaintiff

9 East 841 h Street
New York, New York 10028
(212) 983-4141

to

the

be

thousand

Supreme Court Records Online Library - page 12 of 14

VERIFICATION

STATE OF NEW YORK

SS :

COUNTY OF NEW
YORK

JACOB A. FRYDMAN, being duly sworn, deposes and

I am the President of plaintiff Savoy

says; 1.

Management Corporation.
2.

I have read the foregoing complaint and know the

contents thereof.

The same is true to my knowledge except

as to matters alleged upon information and belief and as to

those matters I believe them to be true.

Sworn to before me this

Notary Public

DAYID H. PRITCHAKD
it,jot,ry_ Public, State of New York

No. 4735413

Quallfled in

11sw1u

.cl
Counl? "\

D!siln!On xplres .._ I ?B, INI

1) 11 / 10

Supreme Court Records Online Library - page 13 of 14

Index No.

Year

Hon

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

SAVOY MANAGEMENT CORPORATION,

Plaintiff ,

-againstLEVIEV FULTON CLUB, LLC, WONDER

WORKS CONSTRUCTION CORP., FULTON
CLUB, LLC, CONWAY STORES, INC.,
Defendants.
VERIFIED COMPLAINT

DAVID ROZENHOLC & ASSOCIATES

Plaintiff

Attorneys for

Office and Post Office Address, Telephone

9 East 84th Street

NEW YORK, N.Y.
10028 (212) 983-4141

Signature (Rule 130-1.1-a)

To

p'iiiiiriiiiiab;;iiiaih.........................................
...........
Attorney() for

is hereby admitted.

Service of a copy of the with.in

Dated,
Attomey(s) for

Please take notice

O NOTICE Of' !!:NTRY

that the within is a ( certified) true copy of a

duly entered in the office of the clerk of the within named court on
O NOTICE OF

SETTLEMENT

that an order
settlement to the HON.
of the within named court, at

on

of which the within is a true copy will be presented for

one of the judges

at

Dated,

Supreme Court Records Online Library - page 14 of 14

Yours, etc