Answer: Paolo Manzoli v. Broadway 98 Condominium, Orsid Realty Corp.

On July 11, 2019 a Answer was filed involving a dispute between Paolo Manzoli, and Broadway 98 Condominium, Orsid Realty Corp., for Real Property - Other (dispute with condominium) in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 09/04/2019 06:43 PM INDEX NO. 156805/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/04/2019

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------X
PAOLO MANZOLI
Index No.: 156805/2019

Plaintiff,
ANSWER AND
-against- COUNTERCLAIMS

BROADWAY 98 CONDOMINIUM AND ORSID
REALTY CORP.,

Defendants.

________________________________________..----------------------------X

Defendants Broadway 98 Condominium (the "Condo") and Orsid Realty Corporation

("Orsid;"
collectively, the "Condo Parties"), by their attorneys Boyd Richards Parker &

Colonnelli, P.L., answer the Complaint dated July 11, 2019 (the "Complaint") as follows:

1. Deny knowledge or information sufficient to form a belief as to the truth of the

allegations set forth in Paragraph 1 of the Complaint.

2. Admit the allegations set forth in Paragraph 2 of the Complaint.

3. Admit the allegations set forth in Paragraph 3 of the Complaint.

4. Deny information or knowledge sufficient to fonn a belief as to the truth of the

allegations set forth in Paragraph 4 of the Complaint.

5. Deny the allegations set forth in Paragraph 5 of the Complaint, and respectfully

refer the Court to the document referenced therein for its complete tenns, conditions, and context.

6. Deny the allegations set forth in Paragraph 6 of the Complaint, and respectfully

refer the Court to the document referenced therein for its complete tenns, conditions, and context.

AND AS FOR AN ANSWER TO PLAINTIFF'S FIRST CAUSE OF ACTION

7. The Condo Parties repeat and reallege the admissions and denials set forth in

Paragraphs 1 through 6 above as if set forth fully herein.

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8. Deny the allegations set forth in Paragraph 8 of the Complaint, and respectfully

refer the Court to the documents referenced therein for their complete terms, conditions, and

context.

9. Deny the allegations set forth in Paragraph 9 of the Complaint.

10. Deny the allegations set forth in Paragraph 10 of the Complaint.

11. Deny the allegations set forth in Paragraph 11 of the Complaint.

12. Deny the allegations set forth in Paragraph 12 of the Complaint and respectfully

refer the Court to the document referenced therein for its complete terms, conditions, and context.

13. Deny the allegations set forth in Paragraph 13 of the Complaint.

14. Deny the allegations set forth in Paragraph 14 of the Complaint.

15. Deny the allegations set forth in Paragraph 15 of the Complaint.

AS AND FOR AN ANSWER TO PLAINTIFF'S SECOND CAUSE OF ACTION

16. The Condo Parties repeat and reallege the admissions and denials set forth in

Paragraphs 1 through 15 above as if set forth fully herein.

17. Deny the allegations set forth in Paragraph 17 of the Complaint.

18. Deny the allegations set forth in Paragraph 18 of the Complaint.

19. Deny the allegations set forth in Paragraph 18 of the Complaint.

20. Deny the allegations set forth in Paragraph 20 of the Complaint.

AS AND FOR AN ANSWER TO PLAINTIFF'S THIRD CAUSE OF ACTION

21. The Condo Parties repeat and reallege the admissions and denials set forth in

Paragraphs 1 through 20 above as if set forth fully herein.

22. Deny the allegations set forth in Paragraph 22 of the Complaint.

23. Deny the allegations set forth in Paragraph 23 of the Complaint.

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24. Deny the allegations set forth in Paragraph 24 of the Complaint.

25. Deny the allegations set forth in Paragraph 25 of the Complaint.

AS AND FOR AN ANSWER TO PLAINTIFF'S FOURTH CAUSE OF ACTION

26. The Condo Parties repeat and reallege the admissions and denials set forth in

Paragraphs 1 through 25 above as if set forth fully herein.

27. Deny the allegations set forth in Paragraph 27 of the Complaint.

28. Deny the allegations set forth in Paragraph 28 of the Complaint.

29. Deny the allegations set forth in Paragraph 29 of the Complaint.

30. Deny the allegations set forth in Paragraph 30 of the Complaint.

AS AND FOR AN ANSWER TO PLAINTIFF'S FIFTH CAUSE OF ACTION

31. The Condo Parties repeat and reallege the admissions and denials set forth in

Paragraphs 1 through 30 above as if set forth fully herein.

32. Deny the allegations set forth in Paragraph 32 of the Complaint.

33. Deny the allegations set forth in Paragraph 33 of the Complaint.

34. Deny the allegations set forth in Paragraph 34 of the Complaint.

A.S AND FOR AN ANSWER TO PLAINTIFF'S SIXTH CAUSE OF ACTION

35. The Condo Parties repeat and reallege the admissions and denials set forth in

Paragraphs 1 through 34 above as if set forth fully herein.

36. Deny the allegations set forth in Paragraph 36 of the Complaint.

37. Deny the allegations set forth in Paragraph 37 of the Complaint.

38. Deny the allegations set forth in Paragraph 38 of the Complaint.

39. Deny the allegations set forth in Paragraph 39 of the Complaint.

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AS AND FOR AN ANSWER TO PLAINTIFF'S SEVENTH CAUSE OF ACTION

40. The Condo Parties repeat and reallege the admissions and denials set forth in

Paragraphs 1 through 39 above as if set forth fully herein.

41. Deny the allegations set forth in Paragraph 41 of the Complaint.

42. Deny the allegations set forth in Paragraph 42 of the Complaint.

43. Deny the allegations set forth in Paragraph 43 of the Complaint.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE

44. The Complaint must be dismissed based on the statute of limitations.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE

45. The Complaint must be dismissed because itfails to state a claim against the Condo

Parties upon which relief can be granted.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

46. The Complaint must be dismissed based upon documentary evidence.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

47. The Complaint must be dismissed because the allegations are without a factual

basis.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE

48. The Complaint must be dismissed because Plaintiff failed to mitigate his damages,

ifany.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

49. The Complaint must be dismissed because, to the extent he seeks equitable relief,

Plaintiff comes before this Court with unclean hands.

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AS AND FOR A SEVENTH AFFIRMATIVE DEFEN_SE

50. The Complaint must be dismissed because the Condo Parties did not breach any

duty they might owe to Plaintiff.

AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE

51. The Complaint must be dismissed because it isfrivolous in that itwas filed solely

to harass the Condo Parties and to prolong litigation initiated by Plaintiff against the Condo as

Manzoli v. Broadway 98 Condo., Index No. 159491/2013.

AS AND FOR A NINTH AFFIRMATIVE DEFENSE

52. The Complaint must be dismissed for failure to name a necessary party.

AS AND FOR A TENTH AFFIRMATIVE DEFENSE

53. The Complaint must be dismissed because the Condo Parties were at all times

acting within the scope of their authority, in good faith and in the interests of the Condo, and their

decisions are therefore protected by the business judgment rule.

AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE

54. The Complaint must be dismissed because the Condo Parties have fully performed

their obligations under the applicable governing documents.

AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE

55. The Complaint must be dismissed as against Orsid because it is an agent for a

disclosed principle.

AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE

56. The Complaint must be dismissed because the Condo's governing documents

establish that Plaintiff is responsible for the repair and upkeep of his deck.

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AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE

57. The Condo Parties reserve the right to supplement and/or amend their affinmative

defenses at any time before the time of trial.

AS__AND FOR A FIRST COUNTERCLAIM

58. The Condo Parties repeat and reallege the admissions and denials set forth in

Paragraphs 1 through 57 above as if set forth fully herein.

59. Pursuant to §15(a)-(b) of the Condo's Declaration, Plaintiff is responsible for the

maintenance, repair, and replacement of all limited common elements limited to his sole use.

60. §1(1)(i) of the Declaration establishes that terraces (i.e., decking appurtenant to

units) are limited common elements of which a particular unit owner has exclusive use.

61. Article V, § 10 of the Condo's By-Laws likewise makes each unit owner

responsible for maintaining and keeping in good repair alllimited common elements of which the

unit owner has exclusive use.

62. At Paragraphs 6 and 13 of the Complaint, Plaintiff alleges that the decking

appurtenant to unit 15E is a limited common element.

63. Pursuant to §10(a) of the Condo's Declaration, the Condo Parties have a right to

access individual units at reasonable times and upon reasonable notice for the purpose of

perfonning maintenance and repair to the Condo's common elements.

64. Article V, § 16 of the By-Laws likewise establishes the Condo's right of access to

individual units.

65. Pursuant to §1(e)(iii), the roof of the Condo is a common element.

66. In 2018, the Condo became aware of water leaks in itsroof.

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67. On June 19, 2018, the Condo Parties advised Plaintiff that itwas necessary to

remove wood - -that he had installed or which was installed on his behalf - -to complete
decking

an investigation into complaints of water leaks from the Condo's roof and to repair any leaks

discovered.

68. Removal of all wood decking was recommended by professionals retained by the

Condo Parties to investigate and repair roof leaks.

69. On June 19, 2018, Plaintiff's counsel wrote to the Condo Parties, refusing, on behalf

of his client, to penmit the Condo Parties access to unit 15E to remove wood decking. Counsel

Parties'
characterized the Condo request to Plaintiff as "simply shocking and constitut[ing]

fraud"
actionable and threatening to initiate litigation against the Condo Parties.

70. Plaintiff held up access and demanded a concession that the Condo would be

permitted access only if itagreed to reinstall the decking.

71. The Declaration and By-Laws of the Condo form a contract between Plaintiff and

the Condo.

72. Plaintiff is obligated to comply with the Declaration and By-Laws.

73. By refusing, through counsel, to provide access to unite 15E, Plaintiff breached his

contractor obligations to the Condo.

74. Under Article V, § 9 of the By-Laws, Plaintiff is liable to the Condo for all costs

attorneys'
and expenses, including fees, incurred by the Condo in compelling compliance with the

By-Laws.

75. As set forth above, Plaintiff has breached the By-Laws and Declaration by, among

other things, refusing access to the Condo and failing to maintain decking appurtenant to unite 15E

in good repair.

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76. Plaintiff is liable for all damages arising from said breaches, including, but not

Parties' attorneys'
limited to the Condo fees incurred by reason of such breaches and the

commencement and prosecution of this frivolous action.

attorneys'
77. Accordingly, the Condo Parties are entitled to all costs, expenses, and

fees.

78. Pursuant to §15(a)-(b) of the Condo's Declaration, Plaintiff is responsible for the

maintenance, repair, and replacement of all limited common elements limited to his sole use.

79. Article V, § 10 of the Condo's By-Laws likewise makes each unit owner

responsible for maintaining and keeping in good repair alllimited common elements of which the

unit owner has exclusive use.

80. The wood decking was installed by Plaintiff or on his behalf.

81. The design and construction of Plaintiff's wood decking included multiple

penetrations into the roof's base flashing and no waterproofing materials seal these bolt

penetrations into the roof's base flashing.

82. The design and construction of Plaintiff's wood decking also prevents and/or

impedes reasonable access to the Condo's roof for necessary maintenance and repairs.

83. As a result of Plaintiff's failure to honor his obligations under the Declaration and

By-Laws, the Condo Parties were injured because they incurred significant expenses to repair,

remediate, and correct the conditions caused by Plaintiff's conduct.

84. Accordingly, the Condo Parties are entitled to recover the expenses incurred

because of Plaintiff's failure to maintain his wood decking and/or negligence in an amount to be

detennined.

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WHEREFORE, the Condo Parties respectfully request that this Court issue an order: (a)

dismissing the Complaint in its entirety with prejudice; (b) awarding the Condo Parties their

attorneys'
expenses incurred in defending and/or prosecuting this action, including reasonable

fees; (c) awarding the Condo Parties compensation for the expenses incurred because of Plaintiff's

failure to fulfill his obligations and/or negligence in maintaining his wood decking; and (d)

granting such other and further relief as this Court deems just, equitable, and proper.

Dated: New York, New York
September 4, 2019

BOYD RICHARDS PARKER & COLONNELLI, P.L.
Attorneys for the Condo Parties

By:
Bryan J. Mazzola
Matthew T. Clark
1500 - Suite 505
Broadway
New York, New York 10036

(212) 400-0626

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Case Info

Case No.

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Document Filed Date

September 04, 2019

Case Filing Date

July 11, 2019

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