FILED: NEW YORK COUNTY CLERK 02/12/ :15 PM INDEX NO /2017 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/12/2018

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1 FILED : NEW YORK COUNTY CLERK 07 /11/ : 30 Pl@ INDEX No /2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/11/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X CENTENNIAL RESTORATIONS CO., LLC and: Index No.: /17 REDSTONE CONDOMINIUM, : Plaintiffs, : - against- : AFFIDAVIT IN SUPPORT JOSE LUPPI and MANUELA JUNG, : Defendants : X :0 : STATE OF NEW YORK ) COUNTY OF NEW YORK ) )ss.: MARK L. OISLER, being duly sworn, deposes and says: 1. I am the owner of Apartment 1 in the condominium known as plaintiff "Condominium" Redstone Condominium (the "Condominium") which is in the building located at 252 West 74th Street, New York, New York (the "Building"). As such, I am fully familiar with the facts and circumstances set forth herein. 2. This affidavit is respectfully submitted in support of the instant motion for an Order Order. (i) pursuant to CPLR 6301 et seg. enjoining and restraining defendants Jose (" Defendants" Luppi and Manuela Jung ("Defendants"), their agents, servants, partners, affiliates or successors or any person or entity acting on behalf of or in concert with Defendants from operating an illegal hotel and/or bed and breakfast from Apartment 7 in the building "Apartment" known as and located at 252 West 74th Street, New York, New York (the "Apartment") in violation of Articles "3"and "13" of the lease between Centennial Restorations Co., as landlord, and Jose Luppi and Manuela Jung, as tenants, as extended by an Extension of Lease dated March 29, 2016 as further extended by an Extension of Lease dated March 1 of 4

2 FILED : NEW YORK COUNTY CLERK 7 : P NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/11/2017 "Lease" 30, 2017 (the "Lease"), the declaration of the Redstone Condominium, Section 4.8(a) of the Multiple Dwelling Law, Section 2004.a.8(a) of the New York City Housing Maintenance Code, Section of the New York City Building Code, newly enacted Assembly Bill No. A08704C and the certificate of occupancy for the building; (ii) pursuant to CPLR 6301 et. seg. enjoining and restraining Defendants from breaching a substantial obligation of their tenancy by using the Apartment, in whole or in part, for impermissible business purposes and/or commercial use by renting out the Apartment to tourist or other tensient occupants in violation of Articles "3" and "13" of the Lease, the Declaration of the Redstone Condominium, Section 4.8(a) of the Multiple Dwelling Law, Section 2004.a.8(a) of the New York City Housing Maintenance Code, Section 3101.I. of the New York City Building Code, newly enacted Assembly Bill No. A08704C and the certificate of occupancy for the building 3. For the reasons discussed herein, Plaintiffs' motion should be granted in its entirety. PLAINTIFFS' MOTION SHOULD 8 GRANTED 4. I live in Apartment 1 in the Building ("Apartment l"), which is located on the ground floor of the Building. Anyone who enters or exits the Building has no choice but to walk past Apartment For a long time, I have seen both families and couples that do not live in the Building enter and exit the Building with luggage, sometimes in the middle of the night, who are all going to the Apartment 6. At least four to six times a month, sometimes more than one couple or family per weekend, come into the Building looking for the Apartment. 2 2 of 4

3 FILED : NEW YORK COUNTY CLERK 07/11/ : 30 P14 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/11/ During the holiday season, the foot traffic was considerably heavier and it has again picked up in the summer. 8. In order to enter into the Building, a key is needed to open the lock on front door and the lock on the second door which leads into the lobby. 9. The people that live in the Building know that the locks are difficult to open and that they have to jiggle the key in order to open the locks. 10. I frequently hear persons who I know do not live in the Building struggling to open the locks on the doors. 11. When I have opened the door to my apartment and gone to the front door to ask how I can help them, the persons, who do not speak English, point to Apartment "7." ll7 12. As recently as two weeks ago, I heard people moving out of the Building in the middle of the night. 13. Since that incident occurred, other persons have come, stayed in the Apartment and left. 14. The fact that people that do not live in the Building are continuously given the key to the front door so that they can enter the Building at their leisure makes me feel very unsafe. The Court should not let this behavior continue. [balance of the page intentionally omitted] 3 3 of 4

4 FILED: NEW YORK COUNTY CLERK : ~ p NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/11/2017 CONCLUSION Based upon the foregoing, it is respectfully requested that this Court issue an Order. (i) granting Plaintiffs motion in its entirety; and (ii) granting to Plaintiff such otherand furtherreliefasthiscourtdeemsjustandproper. MARKL GISLEl worntobeforemethis 6 dayo,2017 T0stgBASvALuAMS YOStasa 8 NLUAts8 ttee &A Mae - Qste et ONI NL ceeelsstee%xssss QualinestnNasssngar ln Nsssse essed 21,.20E0 2 Nr 4 4 of q

5 FILED : NEW YORK COUNTY CLERK 07/11/ :30 P)$ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X CENTENNIAL RESTORATIONS CO., LLC and: Index No.: /17 REDSTONE CONDOMINIUM, : Plaintiffs, : - against - : AFFIDAVIT IN SUPPORT JOSE LUPPI and MANUELA JUNG, : : Defendants : -X STATE OF NEW YORK ) COUNTY OF NEW YORK ) )ss.: MICHAEL ANNUNZIATA, being duly sworn, deposes and says: 1. I am the president of the Board of Managers of plaintiff Redstone "Condominium" Condominium (the "Condominium"). As such, I am fully familiar with the facts and circumstances set forth herein. 2. This affidavit is respectfully submitted in support of the instant motion for an Order: (i) pursuant to CPLR 6301 et. seq.. enjoining and restraining defendants Jose (" Defendants" Luppi and Manuela Jung ("Defendants"), their agents, servants, partners, affiliates or successors or any person or entity acting on behalf of or in concert with Defendants from operating an illegal hotel and/or bed and breakfast from Apartment 7 in the building "Apartment" known as and located at 252 West 74th Street, New York, New York (the "Apartment") in violation of Articles "3"and "13" of the lease between Centennial Restorations Co., as landlord, and Jose Luppi and Manuela Jung, as tenants, as extended by an Extension of Lease dated March 29, 2016 as further extended by an Extension of Lease dated March "Lease" 30, 2017 (the "Lease"), the declaration of the Redstone Condominium, Section 4.8(a) of 1 of 5

6 FILED : NEW YORK COUNTY CLERK 07/11/ :30 Ph$ the Multiple Dwelling Law, Section 2004.a.8(a) of the New York City Housing Maintenance Code, Section of the New York City Building Code, newly enacted Assembly Bill No. A08704C and the certificate of occupancy for the building; (ii) pursuant to CPLR 6301 et seq.. enjoining and restraining Defendants from breaching a substantial obligation of their tenancy by using the Apartment, in whole or in part, for impermissible business purposes and/or commercial use by renting out the Apartment to tourist or other transient occupants in violation of Articles "3" and "13" of the Lease, the Declaration of the Redstone Condominium, Section 4.8(a) of the Multiple Dwelling Law, Section 2004.a.8(a) of the New York City Housing Maintenance Code, Section 3101.I. of the New York City Building Code, newly enacted Assembly Bill No. A08704C and the certificate ofoccupancy for the building 3. For the reasons discussed herein, Plaintiffs' motion should be granted in its entirety. PLAINTIFFS' MOTION SHOULD BE GRANTED 4. The Condominium is located in the building known as and located at 252 West 74th Street, New York, New York (the "Building"). The Building is a five story walk up building with no doorman. (" PlaintifF' 5. Plaintiff Centennial Restorations Co. LLC ("Plaintiff"), the sponsor who converted the Building to a condominium in or about 1982, retained ownership of the Apartment. 6. As discussed in the accompanying affidavit of Mario Minera, Plaintiff entered into a Lease of a Condominium Unit dated June 24, 2015 between Plaintiff, as landlord, and Defendants, as tenants, as extended by an Extension of Lease dated March 2 2 of 5

7 FILED : NEW YORK COUNTY CLERK 7 0 IN DEX : P NO / , 2016 as further extended by an Extension of Lease dated March 30, 2017 (the "Lease" "Lease"). A copy of the Lease is annexed hereto as Exhibit "A." 7. I live in Apartment 6A in the Building which is two floors below the Apartment. I purchased my apartment on or about October 6, There is an ongoing problem with transient people entering and exiting the Apartment as well as the Building. 9. During the holidays at the end of 2016, the Condominium was given a list of three or four "friends" who would be staying at the Apartment. 10. Since then, I have seen people that I have never seen before coming into and out of the Building who, when I have asked, have told me that they are staying in the Apartment. 11. Recently, on June 3, 2017, a person who identified herself as "Sacha" knocked on my door and asked for assistance with the keys and in finding and entering the Apartment. 12. When she was asked how she got the keys to the Apartment, "Sacha" advised that Defendants' cleaning lady gave her the keys and that Defendants are in Spain. 13. On June 6, 2017, I was in the hallway and I saw a man and a woman who needed assistance with recycling. They were placing plastic bags in the wrong bins. 14. When I asked them who they were, the man and woman, who did not speak English, pointed to the name plate reflecting "#7" at the entrance. These people were different people than "Sacha" who I saw on June 3, of 5

8 FILED : NEW YORK COUNTY CLERK : P 15. In addition to these incidents, Mark Gisler, the owner of Apartment 1 in the Building, has advised me that he has seen people he did not recognize moving out of the Building at 3:00am and moving in the middle of the night. I6. These incidents as well as the constant stream of people entering and existing the Apartment lead me as well as other owners to conclude that Defendants are running an illegal hotel and/or renting out the Apartment for short term stays. 17. The presence of these transient people who are unknown to the staff of the Building as well as Defendants themselves raise health and safety issues for all owners and lawful occupants of the Building. 18. Based upon the foregoing, Plaintiffs' Plaintiffs motion should be granted in its entirety. [balance of the page intentionally omitted] 4 of 5

9 FILED: NEW YORK COUNTY CLERK 0 7 / 11/ : 30 P CONCLUSfoN Based upon the foregoing, it is respectfully requested that this Court issue an Order: (i) granting PlaintifPs motion in its entirety; and (i0 granting to PlaintifF such other and further relief as this Courideemsjustandproper. E MI LANNUNZIAT S om tobeforemethis ofjune,2017 No Pubhc RHONDA HORCNA2 Notmy Public.StatoofNeWYork No.01HO QuamedhNassauCowdy CommissionEWptrasMaySt of 5