Preview
FILED: NEW YORK COUNTY CLERK 08/29/2023 04:32 PM INDEX NO. 158574/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
=======================================X Index No.:
PROJJAL DUTTA,
Plaintiff, AFFIDAVIT IN SUPPORT
-against-
LISA SILVERSMITH a/k/a LISA FIEKOWSKY and
THE NEW YORK CITY,
Defendants.
=======================================X
STATE OF NEW YORK )
COUNTY OF NEW YORK ) SS:
Projjal Dutta, being duly sworn, deposes and states as follows:
1. I am the Plaintiff in this action. As such, I am familiar with the facts and
circumstances regarding this matter.
2. I am the owner of the property located at 453 Convent Avenue, New York, New
York 10031 (“453 Property”). A true and accurate copy of the deed is annexed hereto as Exhibit
1.
3. I am a New York State licensed architect.
4. Defendant, Lisa Silversmith (“Lisa”) is the owner of the property located at 451
Convent Avenue, New York, New York 10031 (“451 Property”). A true and accurate copy of the
deed is annexed hereto as Exhibit 2.
5. Defendant Lisa’s property is next to my home where I live with my family as my
primary residence.
6. Due to the uniqueness and historic importance of Defendant’s building and its
adjacent houses including my property, my entire block enjoys Landmark status and protection.
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FILED: NEW YORK COUNTY CLERK 08/29/2023 04:32 PM INDEX NO. 158574/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/29/2023
7. As I understand, the landmark buildings and facades can be demolished or altered
but only with a permit from the Landmarks Preservation Commission.
8. Due to the Landmark status, the buildings may not be demolished, or their facade
be modified by the owners.
9. To get around the Landmark protection, Defendant Lisa has resorted to willful
negligence so that her building collapses as the land, unencumbered by a landmark protected
building, is more valuable to the Defendant as it can then be combined with an adjacent vacant lot,
for new development.
10. Defendant’s greed has caused immeasurable harm not only to her own property
and the cultural heritage of Harlem’s Hamilton Heights neighborhood, but also very measurable,
and visible, harm to my property, adjacent to Defendant’s, at 453 Convent Avenue.
11. Defendant’s egregious acts of causing damage are not isolated or occasional, rather
systematic and long running.
12. Defendant has adopted the same profit driven strategy for her other properties in
upper Manhattan, as illustrated by multiple newspaper articles about her.
13. Defendant does not live in any of her beautiful and irreplaceable properties in
Manhattan.
14. For Defendant they are investments, which she is willing to cynically destroy, to
maximize the return.
15. Defendant is utterly unconcerned about the damage her actions represent for the
communities and individuals who have to live every day with the consequences.
16. Defendant’s actions have and continue to cause substantial damage to my property.
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FILED: NEW YORK COUNTY CLERK 08/29/2023 04:32 PM INDEX NO. 158574/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/29/2023
17. Defendant’s negligence towards her own property which is resulting in damage to
the neighborhood is not only proven from the attached pictures and communications but also from
the lawsuit filed by the City of New York against Defendant.
18. The City’s lawsuit against Defendant Lisa shows a pattern of willful neglect going
back as early as 2014. See attached Exhibit 4.
19. Despite multiple communications and orders from the City, Defendant Lisa has
openly flouted all violations and reneged on her legal obligation to keep her building in a safe
condition.
20. The damage to Plaintiff’s property as a direct result of Defendant’s willful
negligence includes but not limited to, structural damage, water damage at the roof level, Raccoon
infestation, water damage from burst pipes at the basement level, nuisance from unauthorized and
unmonitored occupancy, nuisance from overall lack of maintenance, lack of sidewalk shoveling
and nuisance from scaffolding. See attached Exhibit 3.
21. There are cracks in the ceiling and wall, resulting from distress coming from
Defendant’s property.
22. The cracks in the plaster of ceiling and wall are occurring due to the sequential
collapse of adjacent roof joists in Defendant’s property.
23. The stress in the roof structure of Plaintiff’s home, caused by the structural
instability of the Defendant’s building, has caused water ingress.
24. In February 2019 the water pipes in Defendant’s basement burst, first flooding the
entire basement of Defendant’s, and then making its way into Plaintiff’s basement. See attached
Exhibit 3.
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FILED: NEW YORK COUNTY CLERK 08/29/2023 04:32 PM INDEX NO. 158574/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/29/2023
25. There has been scaffolding in front of Defendant’s property for months. These
scaffolding covers Plaintiff’s building, including the windows. It also provides refuge to unwanted
guests of both animal and human persuasion. See attached Exhibit 3.
26. Defendant, Department of Building has issued a demolition order for Defendant
Lisa’s building which will have negative impact on my building and other buildings in the Historic
Hamilton Heights neighborhood.
27. Upon information and belief, the demolition order in effect for Defendant, Lisa’s
remain on hold.
28. Upon information and belief, Defendant, Lisa is taking advantage of her family
connections to make sure the demolition order goes through resulting in huge profit to Defendant,
Lisa.
29. Contrary to what the Department of Buildings has decided, Defendant, Lisa’a
building can be restored without demolition and in a manner safe to all neighboring buildings,
including the one belonging to Plaintiff, and two buildings immediately north of Plaintiff’s 455,
and 457 Convent Avenue.
30. Upon information and belief, the brick structure of 451 Property is sound, even
though the timber structure is in an advanced state of decay.
31. Upon information and belief, brick being the primary load bearing structure, as such
there is no risk of collapse, and no need for demolition.
32. I am a licensed architect and having restored my own, almost identical, home, can
professionally attest to the fact that 451 Property can be restored to good health.
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FILED: NEW YORK COUNTY CLERK 08/29/2023 04:32 PM INDEX NO. 158574/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/29/2023
Wherefore, I request that Plaintiff's Order to Show Cause be granted in its entirety and that the
court grants such other relief this court deems just and proper.
Projjal Dutta
Signed d sworn to before me
This 3 day of August 2023
SARAIMARIEF.VA2QUE2
NotaryPublic- Stateof NewYork
NO.01VA6178036
Qualifiedin NewYorkCounty
My CommissionExpiresNov 19, 2023
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Preview
FILED: NEW YORK COUNTY CLERK 08/29/2023 04:32 PM INDEX NO. 158574/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK =======================================X Index No.: PROJJAL DUTTA, Plaintiff, AFFIDAVIT IN SUPPORT -against- LISA SILVERSMITH a/k/a LISA FIEKOWSKY and THE NEW YORK CITY, Defendants. =======================================X STATE OF NEW YORK ) COUNTY OF NEW YORK ) SS: Projjal Dutta, being duly sworn, deposes and states as follows: 1. I am the Plaintiff in this action. As such, I am familiar with the facts and circumstances regarding this matter. 2. I am the owner of the property located at 453 Convent Avenue, New York, New York 10031 (“453 Property”). A true and accurate copy of the deed is annexed hereto as Exhibit 1. 3. I am a New York State licensed architect. 4. Defendant, Lisa Silversmith (“Lisa”) is the owner of the property located at 451 Convent Avenue, New York, New York 10031 (“451 Property”). A true and accurate copy of the deed is annexed hereto as Exhibit 2. 5. Defendant Lisa’s property is next to my home where I live with my family as my primary residence. 6. Due to the uniqueness and historic importance of Defendant’s building and its adjacent houses including my property, my entire block enjoys Landmark status and protection. 1 1 of 5 FILED: NEW YORK COUNTY CLERK 08/29/2023 04:32 PM INDEX NO. 158574/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/29/2023 7. As I understand, the landmark buildings and facades can be demolished or altered but only with a permit from the Landmarks Preservation Commission. 8. Due to the Landmark status, the buildings may not be demolished, or their facade be modified by the owners. 9. To get around the Landmark protection, Defendant Lisa has resorted to willful negligence so that her building collapses as the land, unencumbered by a landmark protected building, is more valuable to the Defendant as it can then be combined with an adjacent vacant lot, for new development. 10. Defendant’s greed has caused immeasurable harm not only to her own property and the cultural heritage of Harlem’s Hamilton Heights neighborhood, but also very measurable, and visible, harm to my property, adjacent to Defendant’s, at 453 Convent Avenue. 11. Defendant’s egregious acts of causing damage are not isolated or occasional, rather systematic and long running. 12. Defendant has adopted the same profit driven strategy for her other properties in upper Manhattan, as illustrated by multiple newspaper articles about her. 13. Defendant does not live in any of her beautiful and irreplaceable properties in Manhattan. 14. For Defendant they are investments, which she is willing to cynically destroy, to maximize the return. 15. Defendant is utterly unconcerned about the damage her actions represent for the communities and individuals who have to live every day with the consequences. 16. Defendant’s actions have and continue to cause substantial damage to my property. 2 2 of 5 FILED: NEW YORK COUNTY CLERK 08/29/2023 04:32 PM INDEX NO. 158574/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/29/2023 17. Defendant’s negligence towards her own property which is resulting in damage to the neighborhood is not only proven from the attached pictures and communications but also from the lawsuit filed by the City of New York against Defendant. 18. The City’s lawsuit against Defendant Lisa shows a pattern of willful neglect going back as early as 2014. See attached Exhibit 4. 19. Despite multiple communications and orders from the City, Defendant Lisa has openly flouted all violations and reneged on her legal obligation to keep her building in a safe condition. 20. The damage to Plaintiff’s property as a direct result of Defendant’s willful negligence includes but not limited to, structural damage, water damage at the roof level, Raccoon infestation, water damage from burst pipes at the basement level, nuisance from unauthorized and unmonitored occupancy, nuisance from overall lack of maintenance, lack of sidewalk shoveling and nuisance from scaffolding. See attached Exhibit 3. 21. There are cracks in the ceiling and wall, resulting from distress coming from Defendant’s property. 22. The cracks in the plaster of ceiling and wall are occurring due to the sequential collapse of adjacent roof joists in Defendant’s property. 23. The stress in the roof structure of Plaintiff’s home, caused by the structural instability of the Defendant’s building, has caused water ingress. 24. In February 2019 the water pipes in Defendant’s basement burst, first flooding the entire basement of Defendant’s, and then making its way into Plaintiff’s basement. See attached Exhibit 3. 3 3 of 5 FILED: NEW YORK COUNTY CLERK 08/29/2023 04:32 PM INDEX NO. 158574/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/29/2023 25. There has been scaffolding in front of Defendant’s property for months. These scaffolding covers Plaintiff’s building, including the windows. It also provides refuge to unwanted guests of both animal and human persuasion. See attached Exhibit 3. 26. Defendant, Department of Building has issued a demolition order for Defendant Lisa’s building which will have negative impact on my building and other buildings in the Historic Hamilton Heights neighborhood. 27. Upon information and belief, the demolition order in effect for Defendant, Lisa’s remain on hold. 28. Upon information and belief, Defendant, Lisa is taking advantage of her family connections to make sure the demolition order goes through resulting in huge profit to Defendant, Lisa. 29. Contrary to what the Department of Buildings has decided, Defendant, Lisa’a building can be restored without demolition and in a manner safe to all neighboring buildings, including the one belonging to Plaintiff, and two buildings immediately north of Plaintiff’s 455, and 457 Convent Avenue. 30. Upon information and belief, the brick structure of 451 Property is sound, even though the timber structure is in an advanced state of decay. 31. Upon information and belief, brick being the primary load bearing structure, as such there is no risk of collapse, and no need for demolition. 32. I am a licensed architect and having restored my own, almost identical, home, can professionally attest to the fact that 451 Property can be restored to good health. 4 4 of 5 FILED: NEW YORK COUNTY CLERK 08/29/2023 04:32 PM INDEX NO. 158574/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/29/2023 Wherefore, I request that Plaintiff's Order to Show Cause be granted in its entirety and that the court grants such other relief this court deems just and proper. Projjal Dutta Signed d sworn to before me This 3 day of August 2023 SARAIMARIEF.VA2QUE2 NotaryPublic- Stateof NewYork NO.01VA6178036 Qualifiedin NewYorkCounty My CommissionExpiresNov 19, 2023 5 5 of 5