People v. AR Vernon LLC, 2022-50341

CourtNew York City Court
Writing for the CourtLYNDON D. WILLIAMS, J.
PartiesPeople of the State of New York, v. AR Vernon LLC, Defendant.
Decision Date03 May 2022
Docket Number2022-50341

People of the State of New York,
v.

AR Vernon LLC, Defendant.

No. 2022-50341

City Court of Mount Vernon

May 3, 2022


Unpublished Opinion

MOTION DECISION

City of Mount Vernon Corporation Counsel

City Hall

One Roosevelt Square

James G. Dibbini & Associates, PC

Attorney for Defendant

LYNDON D. WILLIAMS, J.

Defendant AR Vernon LLC, the owner of the residential apartment building located at 240 East 3rd Street, Mount Vernon, New York 10550, on October 18, 2019, under Docket #s CR-5742-19, CR-5743-19 and CR-5744-19, was charged with violating numerous sections of the International Property Maintenance Code, including the presence of mice and roach infestation throughout the entire building, bed bug infestation in certain parts of the building, and numerous other property maintenance violations including but not limited to broken doors, water leaks, cracked ceilings and walls, cracked tiles in bathrooms and common areas, inoperable smoke detectors and exposed wires throughout the building.

After months of conferences and adjournments, on June 29, 2021 the parties entered into a Stipulation of Partial Settlement (hereinafter "Stipulation"), which was so ordered by the Court on July 1, 2021, in which the defendant agreed to correct all the outstanding violations as specifically delineated in Paragraphs 3 through 13 of the stipulation by July 16, 2021. The defendant also agreed to file requests for reinspections and requirements pursuant to Plan Examiner Reports. Paragraph 17 of the Stipulation states "[t]he People and Defendant agree that all corrective work described hereinabove and any reinspections deemed necessary by the Department of Buildings pursuant to the Stipulation shall be completed by September 24, 2021. Paragraph 27 of the Stipulation states, in pertinent part, "[a]ny conduct evidencing the lack of cooperation by either The People or Defendant including but not limited to...failing to comply with deadlines and/or take remedial action, upon three (3) days notice in writing to the breaching party, will result in a material breach of the Stipulation of Settlement and the Court may render a decision based on the terms of the Stipulation of Settlement."

On August 3, 2021, the City of Mount Vernon notified the defendant, via written correspondence, that it was in breach of the Stipulation since it failed to remedy the violations as stated in Paragraphs 3 through 13 of the Stipulation.

Thereafter, the Court conducted an inspection of the subject premises on October 4, 2021 and observed that the majority of the violations as delineated in the Stipulation had not been corrected. Subsequently, on October 22, 2021, at a court conference, the City of Mount Vernon orally moved for a judgment against defendant for failure to comply with the terms of the Stipulation. The Court questioned the defendant with regard to what additional repairs had been completed, however, defendant was unable to provide a comprehensive list and indicated that much of the repair work remained outstanding. The Court also specifically found that the defendant was in breach of paragraph 7 of the Stipulation which required the defendant to file a request for reinspection in accordance with the requirements of the Department of Buildings with respect to Apartment 4B of the subject premises.

The Court requested that the City of Mount Vernon file with it an itemized list of all the violations as alleged in the accusatory...

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