On February 25, 2014 a
Motion-Secondary
was filed
involving a dispute between
Mark Karten,
Shelley Karten,
and
500-512 Seventh Avenue Lp, Llc.,,
Consolidated Edison Company Of New York, Inc.,
G&E Real Estate Management Services, Inc,
Gibraltar Contracting, Inc,
Newmark Grubb Knight Frank,
for Tort
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK INDEX
09/04/2018 NO. 151650/2014
03:10 P
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 09/04/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SHELLEY KARTEN, and MARK KARTEN, Index:151650/2014
Plaintiff,
AFFIDAVIT OF
JOSEPH HASSOUNE
-against-
500-512 SEVENTH AVENUE LP, LLC., NEWMARK
GRUBB KNIGHT FRANK, CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC.,GIBRALTAR
CONTRACTING, INC. and G&E REAL ESTATE
MANAGEMENT SERVICE, INC.
Defendants.
CONSÖÏÄÄT D EDISON OMPANY F NÈÏV ŸOÊ, Index: 595637/2015
INC.,
Plaintiff,
-against-
NAMOW, INC.,
Defendant.
-------------------------------------------------
-------------x
STATE OF NEW YORK )
) ss:
COUNTY OF QUEENS )
JOSEPH HASSOUNE, ±pe es and says:
beingduly sworn,
1. I was a project mar.ager at
NAMOW, INC., from2011 ±zc:gh 2016.
2. As a project
rans;;r duties
my inclüdcd that
assuring a projectis performed
within the
scope, time
and budget,set outforit.
3. Naniew cñtcredintoa ec-ñtswwithCon Edison,eE:ctivcAugust
March 15, 2011 through
1, 2015,
wherein Na-ow aged, other
e-eng to perform
thing::, sidewalk
restoration
work at various
sites.
4. Namow deternihied
the orderin whichit.. __2perform the ceneactwork based on a
route whichit created based on
legkG-± The routewas createdbased on the proximity
the sites, street of
cicañingand parking
restrictier-2,
h:1iifs, school etc.
locatieñ:,
1 of 3
FILED: NEW YORK COUNTY CLERK INDEX
09/04/2018 NO. 151650/2014
03:10 PM
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 09/04/2018
5. Con Edison would "hotlocations.", where
sites certainissuesor problems were
identify
"hot" pick sheet.These siteswere to bemade
prevalent by writing in redon the up
priorities.
6. Priorto work performed, Namow would send itsrepresentativeto inspectthe
any being
sidewalk restorationsitestodctcimine whether the contractwork could be performed and
what would be needed. Thisprocess is referred
to as a birddogging.
7. Ifcircumstances existM which prevented Namow from performiñg itscontractwork at
thesiteCon Edison would be advised ofsuch conditions,eitherover the phone, by email
or verballyinperson. Con Edison would then notifythe contractorwhen the conditions
which prevented the contractwork from being performed were no longer at the
siteand
the work could be performed.
8. An entrywould alsobe made on a spreadsheet maintained by Namow as tothe
conditions thatprevented thework from being performed.
38th 7th 8th where Namow was retaind
9. The location and Avenues was a site
by Con Edison to perform sidewalk restorationwork.
38*
10. Prior
to performiñg itscontract work, at the
subject St.location,a representative
from Namow inspectedthe subjectsiteand found a scaffolderected above the sidewalk
at thelocation.
11. Asa resultof theexisting w#alh; at thelocationNamow was üüeble to perform its
contractwork at thesite.
12. Nmew notifiedCon Edisonof thecondities at thesubject which
site, prevented the
contractwork from being performed at/around thetime Namow impected the site.
13. Atno time afterCon Edison was netiBM of theconditions at thesubjectlocationdid the
coispany later
advise Namow thatthe conditionshad been remedied/removed such that
the contractwork could proceed.
14. On February 18, 2015,Na=ew received an email correspondence from Arthur Blind at
Con Edison ticket 38* 7th 8th
regsding PS569028 referencingthe siteat St. between and
Aveñücs. Mr. Blind inquiredwhy thejob atthat locationhad notbeen performed.
15. After
receiving Mr. Blind's amail,I reviewed Namow's records and observed thatthey
showed thatscaffoldingwas on siteat thetime Namew inspected it.I respondM to Mr.
Blind'semail the same day by advising him so.
16. Neithe Mr. Blind norany other Con Edison represerñéve ever advised Namow thatit
failedtofollow protecel or prGperprocedures not fúrtheraction,than the
by taking any
actionstaken above.
2 of 3
FILED: NEW YORK COUNTY CLERK INDEX
09/04/2018 NO. 151650/2014
03:10 PM
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 09/04/2018
Dated: New Yor , New York
,2018
Joseph Hassoune
Sworn to beforeme this
day of4sgust, 2018
NÖTARY U IC
ORDANYROBLES
NOTARYPUBLICSTATEOF
NEWYORK
NO. 01RO6355169
QUALIFIEDIN QUEENSCOUNTY
EXP.O2/27/2021
3 of 3
Document Filed Date
September 04, 2018
Case Filing Date
February 25, 2014
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FILED: NEW YORK COUNTY CLERK INDEX 09/04/2018 NO. 151650/2014 03:10 P NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 09/04/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SHELLEY KARTEN, and MARK KARTEN, Index:151650/2014 Plaintiff, AFFIDAVIT OF JOSEPH HASSOUNE -against- 500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB KNIGHT FRANK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.,GIBRALTAR CONTRACTING, INC. and G&E REAL ESTATE MANAGEMENT SERVICE, INC. Defendants. CONSÖÏÄÄT D EDISON OMPANY F NÈÏV ŸOÊ, Index: 595637/2015 INC., Plaintiff, -against- NAMOW, INC., Defendant. ------------------------------------------------- -------------x STATE OF NEW YORK ) ) ss: COUNTY OF QUEENS ) JOSEPH HASSOUNE, ±pe es and says: beingduly sworn, 1. I was a project mar.ager at NAMOW, INC., from2011 ±zc:gh 2016. 2. As a project rans;;r duties my inclüdcd that assuring a projectis performed within the scope, time and budget,set outforit. 3. Naniew cñtcredintoa ec-ñtswwithCon Edison,eE:ctivcAugust March 15, 2011 through 1, 2015, wherein Na-ow aged, other e-eng to perform thing::, sidewalk restoration work at various sites. 4. Namow deternihied the orderin whichit.. __2perform the ceneactwork based on a route whichit created based on legkG-± The routewas createdbased on the proximity the sites, street of cicañingand parking restrictier-2, h:1iifs, school etc. locatieñ:, 1 of 3 FILED: NEW YORK COUNTY CLERK INDEX 09/04/2018 NO. 151650/2014 03:10 PM NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 09/04/2018 5. Con Edison would "hotlocations.", where sites certainissuesor problems were identify "hot" pick sheet.These siteswere to bemade prevalent by writing in redon the up priorities. 6. Priorto work performed, Namow would send itsrepresentativeto inspectthe any being sidewalk restorationsitestodctcimine whether the contractwork could be performed and what would be needed. Thisprocess is referred to as a birddogging. 7. Ifcircumstances existM which prevented Namow from performiñg itscontractwork at thesiteCon Edison would be advised ofsuch conditions,eitherover the phone, by email or verballyinperson. Con Edison would then notifythe contractorwhen the conditions which prevented the contractwork from being performed were no longer at the siteand the work could be performed. 8. An entrywould alsobe made on a spreadsheet maintained by Namow as tothe conditions thatprevented thework from being performed. 38th 7th 8th where Namow was retaind 9. The location and Avenues was a site by Con Edison to perform sidewalk restorationwork. 38* 10. Prior to performiñg itscontract work, at the subject St.location,a representative from Namow inspectedthe subjectsiteand found a scaffolderected above the sidewalk at thelocation. 11. Asa resultof theexisting w#alh; at thelocationNamow was üüeble to perform its contractwork at thesite. 12. Nmew notifiedCon Edisonof thecondities at thesubject which site, prevented the contractwork from being performed at/around thetime Namow impected the site. 13. Atno time afterCon Edison was netiBM of theconditions at thesubjectlocationdid the coispany later advise Namow thatthe conditionshad been remedied/removed such that the contractwork could proceed. 14. On February 18, 2015,Na=ew received an email correspondence from Arthur Blind at Con Edison ticket 38* 7th 8th regsding PS569028 referencingthe siteat St. between and Aveñücs. Mr. Blind inquiredwhy thejob atthat locationhad notbeen performed. 15. After receiving Mr. Blind's amail,I reviewed Namow's records and observed thatthey showed thatscaffoldingwas on siteat thetime Namew inspected it.I respondM to Mr. Blind'semail the same day by advising him so. 16. Neithe Mr. Blind norany other Con Edison represerñéve ever advised Namow thatit failedtofollow protecel or prGperprocedures not fúrtheraction,than the by taking any actionstaken above. 2 of 3 FILED: NEW YORK COUNTY CLERK INDEX 09/04/2018 NO. 151650/2014 03:10 PM NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 09/04/2018 Dated: New Yor , New York ,2018 Joseph Hassoune Sworn to beforeme this day of4sgust, 2018 NÖTARY U IC ORDANYROBLES NOTARYPUBLICSTATEOF NEWYORK NO. 01RO6355169 QUALIFIEDIN QUEENSCOUNTY EXP.O2/27/2021 3 of 3