MOTIONICASE IS RESPECTFULLY REFERRED TO JUSTICE SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY resell Latlngn &. friar b,c. one we > ; istice 1520 See / Cu ek F384 Lec INDEKNO, MOTION DATE 83-85 Bowery TematS Ascoe, meme S— The following papers, numbered 1 to__, were read on this motion tolfor Notice of Motion/Order to Show Cause — Affidavits — Exhibits L018). ‘Answering Affidavits — Exhibits Tio(s). Replying Affidavits Toss) Upon the foregoing papers, itis ordered that this motion is. Nypalrrd jo ararhkonts- with, fh. tthrcded ordo_eg Tide Court AHH 29) tl Conny otarusse dhaebrywe Co Sire Hp hai” ober te See! Ceuaa CO case Disposed TEFNON-FINAL DISPOSITIOI CicranTeD = CJDENIED «=©IGRANTEDINPART = [HOTHEt 3. CHECK IF APPROPRIATE; (SETTLE ORDER C) supmit ORDER 1 a |foonorPost — ripuciary arowTMENT CiReFERENG d to New York EF o1 FOR THE FOLLOWING REASON(S): 4, CHECK ONE: .. 2. CHECK AS APPROPRIA\ ScannetSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BOWERY 8385 LLC, Plaintiff, ~ against - 83-85 BOWERY TENANTS’ ASSOC., YAN LING LIANG, SHU QING WANG, WENXUN SHI, SHANG WU CHEN, BI SHENG ZHENG, SHIXIANG LIN, LAI YU SZE. MEI FANG WANG, AI HUI ZHANG, Al HUI GUO, XIU QIN GUO, MEI HUI ZHANG, ALICE RUOYING CHAN, DONG YICHEN, RONG LIN, LAN YING CHEN, ENIYA CHEN, DE AI CHEN, HANG WANG, XIAOLI WANG, MEE TON CHENG, YING HONG, XING MING WANG, AN JING JIN, MEE CHUAN CHENG, YAN LEE HEE, QIU RONG WANG, LIN HAV, BING REN XUE, CAI JIN LIN, ZHEN LIN, YU ZHU YANG, MING SAI ZHANG, CHUNG FAI CHAN, TING HONG YANG, YIM LING CHAN, FENG PING DONG, CAI DIAN CHEN, PEN MING CHEN, ZI QIANG CHEN, JIN HUA HUANG, XIAN FENG HUANG, JI DUAN CHEN, DE YANG, YAQIN LI, QILAO CHEN and HAO LIN, Defendants. ~ “x WHEREAS, on January 19, 2018, the New York City Department of Buildings (“DOB”) issued a Vacate Order for the building located at 85 Bowery, New York, New York 10002, Block 303, Lot 11 (“subject building”) following a DOB determination that the subject building's main stairwell was structurally unsound; WHEREAS, on February 8, 2018, the parties appeared for a conference during which impleaded defendants DOB, the New York City Department of Housing Preservation and Development (“HPD”), and the New York City Fire Department defendants”), requested an Order from the Court setting forth a timeline for completion of all *BBOPDSESORDER Index #: 152054/2016 structural repairs required to lift DOB’s January 19, 2018 Vacate Order; flog 3 DNY”) (collectively “CityNOW, THEREFORE, IT IS HEREBY ORDERED as follows: ‘The installation of the new stairwell in the subject building shall be completed by March 28, 2018, subject to delays not attributable to Plaintiff, changes required by the City, unforeseen issues, and/or force majeure. It is expected that the milestones for the completion of all work relating to the installation of a new stairwell in the subject building shall be as follows: Task | Start Date | End Date | Description [0 | 2782018 [2/8/2018 | Relocate existing shoring 1 | 27972018 2/9/2018 _ | Pour new concrete footings in cellar 2 | 271072018 | 271172018 | “Aliow new concrete footings to cure 3 | 2/12/2018 | 2/12/2018 | Install new support steel at cellar and Ist floor (underside _ of 2nd) _ _ 4 2/13/2018 2/13/2018 DOB Engineer to inspect new support steel at cellar and Ist floor 3] 2/14/2018 | 2/19/2018 | Measure. fabricate & Deliver new stair for cellar and Ist floor 6 | 2/19/2018 | 27242018 | Demolish and replace existing stair at cellar and Ist Ror 7_|_2/25720t8 | 27252018 | DOB Engineer to inspect new stair 8 | 2726/2018 | 2/26/2018 | Install new support steel at 2nd floor (underside of 3rd floor) i 2 9 2/27/2018 2/27/2018 ineer to inspect new support steel at 2nd floor 10 [2728/2018 | 3/2/2018 | Measure, fabricate & Deliver new stair for 2nd floor iV | 3722018 | _3/572018 | Demolish and replace existing 2nd floor stair 12) 310672018 | 3/06/2018 | DOB Engineer to inspect new stair : | 13 3772018 | 3/7/2018 | Install new support steel at 3rd floor (underside of 4th i floor) - _ 14 [382018 | 3/8/2018 | DOB Engineer to inspect new support steel | |_15 | 3/9/2018 | 3/13/2018 | Measure, fabricate & Deliver new stair for 4th floor {16 | 3/14/2018 | 3/17/2018 | Demolish and replace existing 4th floor stair 17_[ 3/18/2018 | 37182018 | DOB Engineer to inspect new stair 18 | 3/19/2018 | 3/19/2018 | Install new support steel at 4th floor (underside of Sch floor) _ 19 | 3/20/2018 | 3/20/2018 ineer to inspect new support steel at 4th floor " In the event of an unforeseen circumstance that renders plaintiff unable to meet the deadlines provided for herein. plaintiff shall submit an affidavit of an individual with knowledge setting forth (1) the source of delay, (2) the steps. required to remediate the unforeseen condition, (3) a timeline for correction of the delaying condition, and (4) any effect the unforeseen condition may have on the overall timeline for completion of repairs. The affidavit shall be submitted to this Court for a determination as to whether it sufficiently explains plaintiff's non-compliance with the deadlines set forth herein Paks