Exhibit,Appendix: Garvall Harrison Booker Jr. v. 628 East 9 Street Housing Fund Development Corporation

On May 08, 2024 a Exhibit,Appendix was filed involving a dispute between Garvall Harrison Booker Jr., and 628 East 9 Street Housing Fund Development Corporation, for Commercial - Contract in the District Court of New York County.

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FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 04/03/2024 PM INDEX
12:4703:25 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF
CivilDOC.
CourtNO. 7 City of New York
18
of the RECEIVED NYSCEF:
Nurrber: 04/03/2024
05/09/2024
LT-301832-24/NY
Index
Counq of New York
llr lilt llt illt ilt il tt ililt tLilltltilLilI lil

Garvall Harrison Booke ,Jr Landlord/Tenant Answer in Writing
Petit ioner (s )
- against - and Verification
.Tohn B Arnold,' Stacey Eskelin AKA Stacey Keith;
,' Jolm l'Doe". u.raneu uDoe"
Respondent (s )

WRII''I'EN ANSWEIT

l, John B Arnold, am the Respondent in this proceeding. As my answer to the allegation(s) made in the Petition, I offer the
following:

L X General Denial (t deny the allegations in the complaint)
c--
2 >UB E\-.\C.L-C.):\t 5->

J. Counterc lainr: S d)O Reason: \J g u,\
\\ \l-( Krsow fIE-
CF-\ \\._e- t-\DFC Co - op 'EoAqg
I)atc: 0.1/01/202;l
Tttts, \rt- w-sALAs(€D
-16 S [b\^ L\ Ddco,r4=\, ( ature of li SO

qflFr \U(J *-s- 1+AD John B Arnold residing at 628 Easr 9th Srre Apt 3 B. Neu
York. NY 10009
Flgrr={ PAID,
VERIFICAI'I0N
State of New York, County of New York ss:
John B Arnold, being duly swom, deposes and says: I am the Respo et.) in this eeding. I have read the Written
Answer and know the contents thereolto be true to mv o*,n knorvl gee cept oth Se matters Sta o1.1
infbmation and belief. and as to se matters I believe them to be C

S*o obe e this day ol 20
'spondent
Signa

n Employee an itlc

on dent must serve a copy of this answer on the petitioner or petitioner's attomey and file thc oliginal witlr proofofservice

Hertz, Cherson & Rosenthal, PC For Coun Use Only,
I l8-35 Queens Blvd, 9th Floor lnitial Calendar Date
Forest Hills. NY I 1375 Both Sides Notifled:

1 of 11
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 04/03/2024 PM INDEX
12:4703:25 PM NO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 18
7 RECEIVED NYSCEF: 05/09/2024
04/03/2024

WRITTEN ANSWER TO INDEX # LT-3OI{I2.24INY

lfa holdover tenant is someone who has stayed in their rental unit past the end date on
their lease, then legally, we are not holdover tenants. We ar€ tenants who were denied
a lease based on retaliatory reasons.

Those retaliatory reasons include:

a. Heated exchanges over the Plaintiffs refusal to give us a mailbox key (Item #l);

b. Our refusal to sign a document perjuring ourselves to the HDFC Coop Board
about the illicit payment of rent to the Plaintiff(Item #2)'

c. Our growing reluctance to continue deceiving the Coop Board as to the Plaintiffs
whereabouts. The Plaintiffmade it clear (in writing and on the phone) that we werc to
conceal the fact that he had moved to Ann Artrcr, Michigan, so he wouldn't be in
violation of the Coop's rules regarding legal residency. He is, in fact, being sued by
the Co-op Board for deceptive practices and for violating the terms and conditions of
the Coop (ltem #3).

a We are not in violation of any agreement to vacale the spartment since the Plaintiff
promised us a two-year lease, obtained permission from the Coop Boad to sublet to
us, and then refused to give us that lease based on the retaliatory reasons stated above.
We agreed to move into the apartment based on that promise (ltern #4).

The Plaintiffdemanded we pay his maintenance fee to the Co-op, even though we
weren't legally obligded to do so (ltems #5 and #5a).

a COUNTERCLAIMS: The Plaintiff owes us $9000. Per Co-op rules, the first three
months ofany subtenancy or potential subtenancy are a rent-free "guest period." The
Plaintiff demanded we pay our $1800 a month rent under the table and without the
knowledge of the Co-op Board. We paid an additional two months' rent (also illicitly)
while the Plaintiff negotiated a sublease with the Coop Board (ltem *t6).

We are requesting a review or Traverr Hearing for improper service ofpapers. Legal
papers were left on our doorstep and also mailed to uq but only one attempt was made
to see if we were home.

o The conditions ofthe apartnent as it was prcsented to us by the Plaintiffwere
objectively filthy and verminous (ltern #7).

Additionally, the Plaintiffhid the fact that the cremated rtmains of his mother and
brother werc stored in the hall closet (Items #E and #8a).

. The Plaintiff is unfairly rushing us through our legal process becaur he is also being
sued by the Coop Board and is at risk of losing his shares in the building.

2 of 11
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 04/03/2024 PM INDEX
12:4703:25 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 18
7 RECEIVED NYSCEF: 05/09/2024
04/03/2024
2113124,11:57 PM Yahoo Mail - contrition

contrition

From Buddy Booker (buddy.booker@gmail.com)

To: pinesolprincess@yahoo.com; arnoldjohnb@gmail.com
Dat€: Monday, October 30, 2023 at 07:53 PM EDT

John suggested that communications for now should be by email. (Othenrvise, I would have picked up the phone,
Stacey. )

First, Stacey - I wanna apologize br where we went last night It was honible.

I am truly sorry

And all I can do is offer an explanation as to why I went there. We hired a lawyer who helped us with the co-op board.
The co-op lawyer was the one who told me that I should not give you a mailbox key, as well as other informatlon that's
not quite applicable.
So, when I cont€cted a tenant-landlord lawyer today, he told me you ac'tually had a right to tte key to the mailbox. I
apologize. Again, I was laboring under misinformation. l've never been a landlord; I am a guy dealing with tenants who
need one thing and a coop board who is demanding another thing.

I am a God-fearing man and I seek to do the right thing each and every moment of the day.

That misinformation was devastating for our relationship because it bred misfust. Now that I know you were entifled to
the mailbox key, I have absolutety no problem providing you with that mailbox key. With my hat in hand, I seek to heal.

lncidentally, the kind of wo* that John is doing is the kind I did for years to create the ability to own my apartment. I have
worked many jobs for many hours most of my life. and l'm still faced with working every single day even at this age. So I
am admittedly reflexive when it comes to keeping what I've worked for so hard, by mysolf, to create.

I am having a hard time affording the basic needs of my life right no'/v, so I'm doing each and everything I can to make
sure that in what time I have left on the planet, I do the best I can to provide for my daughter and myself.

My daughter went to the cardiologisl today- Let's leave it at that- Things are strained and lense. For me as well.

I feel that we need to have a heart-filled conversation in a way that restores trust and assurance for all of us in
terms of outlining a stable living situation.

Please accept my apology, pick up the phone, and talk to me when you can, John. Thank you for your consideration.

Sracey, I hope you can forgive me for rhe upset tast night ( \Oe_ tr \ L;ED /\ ss s-1 \(--E oT-
Buddy
Tt-*qr'.t^\\-iA1\ o\J 9 H.:,.,.. L y -r \€/rc. n+re-<)

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TF\q(Af S -1o E\ r<-\ eS 3 of 11
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 04/03/2024 PM INDEX
12:4703:25 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 18
7 RECEIVED NYSCEF: 05/09/2024
04/03/2024

528E9STREET,HDFC
;'t-r- 1'-'-

CONFIRMATION OF UNDERSTANDING Ztetn4z
Underthe corporation's proprietary lease, by-laws, and subletting policy, the SHAREHOLDER affirms
that they will not receive payments from the sublessee before, during, or after the duration of the
sublet of apartment _, including:
r KEY MONEY
. EXTRA PAYMENT OF RENT
r EXTRA PAYMENTS OF FEES BY THE SUBLESSEE TO THE SHAREHOLDER OR THIRD PARTY

Shareholder's name:
Shareholder's signature: Date:

Under the corporation's proprietary lease, by-laws, and subletting policy, the SUBLESSEE affirms that
they will not make payments to the subletter before, during, or after the duration of the sublet of
apartment _, including:
o KEY MONEY
o EXTRAPAYMENTOF RENT
o EXTRA PAYMENTS OF FEES BY THE SUBTESSEE TO THE SHAREHOLDER OR THIRD PARTY

Sublessee's name:
Sublessee's signature: Date:

COOPERATIVE DOCUMENTS
Subtenant understands that the Apartment is part ofthe 628 E 9 Street, HDFC corporation, and that
this Sublease shall be subject and subordinate to: (i) the Proprietary Lease for the Apartment between
the corporation and owner. (ii) the Rules and Regulations ofthe Apartment Corporation (which are
sometimes called House Rules); and (iii) the By-Laws of the Corporation and all amendments thereto,
including any amendments subsequent to the date hereof, are collectively called the "Cooperative
Documents". ln the event of any inconsistency between the provisions of this Sublease and the
Cooperative Documents, the provisions of the Cooperative Documents shall govern and be binding.
CHANGES AND ALTERATIONS TO APARTMENT
subtenant cannot build in, add to, change or alter, the Apartment in any way, including, but not limited
to, installing, changing or altering any paneling, wallpaper, flooring, "built in" decorations, partitions,
railings, paint, carpeting, plumbing, ventilating, air conditioning, electric or heating systems, without
first obtaining the prior written consent of Owner which may be withheld in Owner's sole discretion
(and, if consent to do so is required under the Proprietary Lease, the Corporation. lf Owner's consent
(and the Apartment Corporation, if applicable) is given, the alterations and installations shall become
the property of Owner when completed and paid for by Subtenant. They shall remain with and as part
of the Apartment at the end of this Sublease Term.

TH\5 ls-r\-\E D o c-{ ,,hLNrT t A <. 6o o KAr\ \ \ r..-:-\ E D
rJb -rC, 5 \(>s--r -Ttqf\-r- \ro\J L-C) /-1AuE. Ar^\or-l \\}TED
-\b PeoGAY. ui'\ Re€osnL l-(> 3tbtsr t-i L_aD
623E 9nSTREEL NEWYORK, Nyt(xrog l$"\ t\r\eD lh-iLr-rr Tc) H
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tb -ALF.TSA U
-TC] G\t.lE \rb \ 4 of 11LEASE.
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 04/03/2024 PM INDEX
12:4703:25 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
2,14121.2.Og l$l - Yahoo Mail R€: H6llo flore Stacsy!
NYSCEF DOC. NO. 18
7 RECEIVED NYSCEF: 05/09/2024
04/03/2024

Re: Hello there Staceyl

From: Shoshke- Rryzl Yuni (srjuni@gmail.com)
To: pinesolprincess@yahoo.com

Date: Monday, July 3, mB at 12:23 AM EDT
trern#3
ofcourse I meant ianyone else" from the building / coop.

xo
On Sun, Jul 2,2023 al ll:59 PM Shoshke.Rafzl Yuni wrote:

olad you checked. Definitely do NOT let Rachid or Ai{YONE else inside the apartment.
Buddy had discussed this with John but I apologize as I should have closed this loop
directly with you. I'd say if you haven't met him somehow within a few days, maybe give
him a call and ask if you can meet him in the hall or something. Perhaps he can meet you
on the main floor inside the front door so that he can personally show you how the
garbage and everything works. I know you will charm him and everyone else.

Shosh

on Sun, Jul 2,2023 at'11:43PM Stacey K€ith wrote:
So, her€'s a question. I know you and Buddy were certain that inviting Rashid down would be politic---and
John has met him informally around the building. He se€ms like a nice man. But the apartment looks so
radically difierent now without Buddy's gorgeous bass guitars and spoakers, etc., we're hesitant to let
ANYONE into the apadment. Theyll know right away that Buddy isnl here.

What are your thoughts?

Sent from Yahoo N4ail for iPhone

On Saturday, July 1,2O23,7:45 PM, Shoshke'Rayzl Yuni wrote

Hi Stacey,

Nice to hear from you. So glad you're happy! Aclually, th6 air quality here was worse than NYC all week,
but itiust rained a little, so ifs a bit better now. Don't hesitate to l€t me know if you have any questions
about the apartment or the building.

Hugs,
Shosh

On Sat, Jul 1 , 2023, 5:42 PM Stacey Keith wroto:
Hey, Shosh! Southwest slill has one of my bags, but I'm just happy to be here. The stre€t is lovely lhis
tim6 of year (lots of birds) and there are a pair of worfiless kitties on the window ledge across the way.
We are in love with the East Village, annoying white Millennials and their cluelessness notwithstanding,
and it goes withoul saying that b€ing together is manna from heaven.

aboutblank 5 of 11 1n
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 04/03/2024 PM INDEX
12:4703:25 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 18
7 RECEIVED NYSCEF: 05/09/2024
04/03/2024
2113124,8:5O PM Yahoo Mail - prelim subleas€ details

Forwarded message ---------
From: Theresa Racht, Esq. , Bb NSKED \r"= -T o DA y ArS
i* sscoopFeeNesotiationAnatysis.xlsx | f\t;:TASsE-N\ C-G- FgU AS-rD
1 126k8
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(-C) ^ o 7 G6AqD Nl T \\q_ 5firr,rE_ -r- t\^ -E
7 of 11
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 04/03/2024 PM INDEX
12:4703:25 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 18
7 RECEIVED NYSCEF: 05/09/2024
04/03/2024

Rent S Coop Fee NEt tO BB
a
2,429 30% 1,700 NG (")
2,57L 30% 1,800 aBreed
2,857 30% 2,000 asked

2,125 20Yo 1,700 NG (+)
2,250 20% 1,800 agreed
2,500 20% 2,000 asked

1,889 TOYo 1,700 NG (*)
2,000 TOYo 1,800 agreed
2,222 looA 2,000 asked

(*) NG = No Good for Buddy. He cannot make ends meet at this amount.

8 of 11
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 04/03/2024 PM INDEX
12:4703:25 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 18
7 RECEIVED NYSCEF: 05/09/2024
04/03/2024

- .l l
!,r,'r
BUDDY BOOKFR INC - i180000

:,,
BTJOOY BOOKER INC 31800.0o

BTJOOY EOOKER INC 13a2.48

x'u b .{'il
DAVID RICHARDS + 31500.00

{ rj .' ! , . r
BUDDY BOOKER INC - t180000

BUOOY BC'OKER INC - tloooo
rri' 'r'irr.rrr'. rIl, '':.1

rNc 31a00.oo

-rrr: . -rfl
BIJDDY BOOKEII INC - 31800.00

9 of 11
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 04/03/2024 PM INDEX
12:4703:25 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 18
7 RECEIVED NYSCEF: 05/09/2024
04/03/2024

214124,12:07 AM Yahoo Mall - Re:A few questions

If there
frw-4/
are more areas of misc. stuff, please send me broad pix like this, Stacy, and we will
gladly orchestrate global answers ASAP like this. Cool? Again, Buddy is very apologetic that
he couldn't get ever,'thing, but he did his bcst and we did our best as I was unable to be there.
As you know, the Board craziness, the lawyer, and speaking to every individual person in the
entire building to try to get support took a tremendous amount of Buddy's time. Thank you for
your kind understanding.

In general, any linens, towels, we do not want -- so if you don't u'ant any of them it's OK to
toss. At least two of the blue sheets sets are almost brand new - so if you someday decide you
don't want those and if you think of it, we can take one of those sets -- but don't worry about it.

Important to know -- the very top shelf(only) ofthe closet between the bathroom and the
apartment door is offlimits and will be cleared when we come. Please do not touch or move
these items until we come. The other shelf and the rest of the closet is empty. This closet
includes an empty set of small plastic drawers, but if you don't want to use them at any point,
it's OK to toss those. I found them useful and you don't see the plastic because it's hidden in the
closet, small enough to fit in there. Up to you.

We're trying to make sure you guys have as much leeway as possible -- but it is a furnished
apartment. And in a month's time, we will make more space available to you. So we appreciate
your please working with us to make due because we're trying to make the long game together
(sports reference per Buddy LOL -- I can only surmise WTF a "long game" is I would say -
"big picture" or "in the long run" LOL...).

Meanwhile -- Does this help?
Dloo€ -T|{61 E-C;-eP-TrotJ \\rAS \rs€\--r -\-O
kiJi; <-o\\-c--€AL t'tr\E_ Fncx -THA\\ Hut+A\) cr(€\^A\Nb
\-,8({v_ 3\arhED bun. l\AU\._ \\) CUOSE\
On Thu, Jun 15,2023 at 6:42 P M Stacey Keith wrote:
Hey, Shosh. I hope your concert went well and that Buddy is settling in. He's been through a LOT. You both have.

So, John went through his own hell on the subway to get to the EV while toting four suitcases, but he finally made
it. We are both so grateful to you guys for trusting us with the apartment, and we want to make it the nicest it can
be. John w€nt into this knowing there was work to do, and he is fully prepared to do it, which is why we are
concemed about the prohibition on throwing things away. We need to to be able to exercise our good common
sense and discretion if we are to make the place habitable. As is, John will have to sleep back at the studio until
he can get thimgs under control. lf you and Buddy would prefer, we can put eveMhing in boxes for you to take
with you next month. Then you can sort through them yourselves.

Even if we were to Zoom conference this, it would take hours and hours to parse through everything. Again, if you
don'twant us deciding what stays and what goes, we sre happy to box everything. As is, the painter won't be able
to access the walls.

Regarding the rent, did we settle on Zelle? lf so, can you confirm Buddy's email? Also, are we making this the first
day of rent or do you want us to pay for fifteen days of rent so the first of the month is the first day of rent?

10 of 11
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-05/09/2024
L&T 04/03/2024 PM INDEX
12:4703:25 PMNO.INDEX
LT-301832-24/NY
NO. 652327/2024
[HO]
NYSCEF DOC. NO. 18
7 RECEIVED NYSCEF: 05/09/2024
04/03/2024

2114124, 12:00 AM Yahoo Mail - my family's remains

my family's remains

From: Buddy Booker (buddy.booker@gmail.com)
To: arnoldjohnb@gmail.com;pinesolprincess@yahoo.com
_Tr"n
Dat€: Tuesday, November 14,2023 at 08:17 PM EST

John and Stacey,

I need to make anangements for the remains of my mother and brother. Their ashes are with my things which are
stashed on that top shelf of the front closet. l'm so sorry to intrude, but l'm afraid I need to make arrangements to stop by
for just a moment, solely to retrieve these things. Please let me know which of the following times would work for you.
I'm sorry for the inconvenience.

This Thursday, Friday or Saturday (Nov 16, 17 o|18) in the aftemoon or evening? What time please?

Thank you. Again, I'm sorry to bother you.

K \\A- (5oo<--c\'s \Dxlrss \o\) -(Hx-r T.\\g
crotrF t_\N\r\b,r \\zo,r5 \N) ql\J\ k\ALL_,
Cu o S e.-\ \\-rE r\E- !\ t S I=A\u \\-\ rs
CAE. \^N\ N S

11 of 11

Case Info

Judge

Nicholas Moyne Track Judge’s New Case

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Document Filed Date

May 09, 2024

Case Filing Date

May 08, 2024

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Exhibit,Appendix: Garvall Harrison Booker Jr. v. 628 East 9 Street Housing Fund Development Corporation

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