Board of Mgrs. of Oceanview Condominium v Riccardi

Annotate this Case

Download PDF

Board of Mgrs. of Oceanview Condominium v Riccardi 2020 NY Slip Op 30462(U) January 24, 2020 Supreme Court, Richmond County Docket Number: 151484/2016 Judge: Jr., Orlando Marrazzo Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF 357 RICHMOND FI}EP: DOC. NO. WSCEF DOC. NO. COUNTY CLERK 04 Ô1/29/202Ô : 26 INDEX NO. 151484/2016 INDEX NO. 151484/2016 RECEIVED NYSCEF: 02/11/2020 PH RECEIVED 355 COURT SUPREME (QUNTY OF THE OF RICHMOND OF MANAGERS BOARD STATE NYSCEF: 01/29/2020 NEW YORK OF OF OCEANVIEW CONDOMINIUM, DECISION/ORDER PART IAS 21 ORLANDO HON. JR. MARRAZZO, Plaintsff(s), Index No.: 151484/2016 -against- JOSEPH RICCARDI PETER BELLANTONI, RICCIARDI JOSEPH a/k/a and SR., Defendant(s) This action President Joseph occupant of Unit"). All were dismissed by a Summons and based encroachment Verified upon upon terrace against commenced was (Second Riccardi on Complaint the the or about Third the misappropriation of Action). and/or 1 | P a g e 1 of six contains of 14 3 of 16 York of 3, (6) the the waste the causes of the "PH (hereinafter Unit the and Complaint Condominium of filing action Condominium's of of trial. upon The and (hereinafter 2016 PH floor Sr. of Board owner top Bellantoni, November former current the New conclusion Elements its the on Island, enlargement Causes is located Peter at Court Common Limited for Staten which unlawful and Unit co-Defendant the against who "Riccardi") Boulevard, the action damages Hylan against The roof 31 Condominium Condominium Penthouse as the by (hereinafter claims "Bellantoni") Riccardi Riccardi the known building commenced was against its current roof also and seeks funds [* 2] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM RICHMOND : NO. NYSCEF 357 (FILED DOC. NYSCEF DOC. overpayment waste of Board's bin not prior for for and for Issue Court was also admitted that and assessments common and rules the and charges the wherein by was the establish the special and regulations...and all of by of Clerk unit and and to basic for to virtue of his paid to a storage violation of common undisputed expansion who fines proceedings 4 of 16 the of the PH have of against charges of, to owners, unit against is Condominium and to and owners for unit are 2) and to: adopt all Answer 1 and authority payment the Laws Verified Exhibits the with Condominium common pay filed Plaintiff/Board The County. of unit 14 the (Plaintiffs to 2|Page that a Declaration Richmond collect of and of Answer under existing from 2 expressly fees value for illegal a Verified methods bring the legal rental admitted Managers means levy unpaid owners assessments to Riccardi By-Laws and Board by were 01/29/2020 expenses. and created the obligate owed Defendants organized of the NYSCEF: misappropriation of for for pursuant Declaration and and regulations, and 2016 Office effect issued amount Riccardi and fines and for 2015; Esq.; assessed fees that overpayment Regulations; by York in for charges Association recorded force 2, ofNew State and and 2014, Bernstein, attorney's joined duly of NO. 151484/2016 RECEIVED NYSCEF: 02/11/2020 PM) Bellantoni concealed use; common reasonable a Condominium rules : 2 6 co-Defendant the Howard Rules December on the 04 2013, for Riccardi's additional to years funds Condominium charges; paid the attorney allocated certain the for Condominium the full wages Riccardi by of Unit; 01/29/2020 RECEIVED authorized of CLERK 355 NO. for COUNTY INDEX NO. 151484/2016 INDEX in special "determine collect the amend the violations owners in [* 3] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF DOC. 357 RICHMOND : NO. FILED NYSCEF DOC. NO. COUNTY to the the other terms, Declaration Section to of Condominium Elements". other unit 1). this halls, action the was Complaint expenses pursuant The Unit PM) in the trial October admits or to or Elements and Defendants' to of By-Law this 17, seeks 2019. not to the of roof Par. and on heard or her 3|Page 14 5 of 16 12 9.4. October the 10, that or space consent or of all lobby, no Exhibit. Plaintiffs that vestibule, time manner. 2019 PI. alleges during Finally, attorney's PI. from Common Declaration At any the "furniture, a wall, which added). (See of configuration of Complaint in that Complaint the are alleged the Unit Article 6). Roof the s reasonable testimony of change Article the to 7 pursuant any obtaining the Plaintiff commenced of maintain amended 6.4(B) 3 Elements (Emphasis Answer Court Common Condominium terrace". of his also 8 of Par. that fees 2) and 01/29/2020 By-Laws Board Complaint limited may the By-Laws 5 and NYSCEF: and upon or is (See Sections The but without recovery action keep Elements Verified also to in admit roof, the incorporate Managers". Defendants the Answer Common of of Condominium the raise Board Common 6 used Declaration Par. that Defendant's in the Par. the imposed Complaint, mandates in or stairways, Plaintiffs through : 2 6 of duties kind...including owner Finally, in "included public unit her and any other any obstructed of contained owners Exhibit be conditions (See By-Laws admitted "no or area also the Also his Answer objects that of Laws". not or packages, out carry By- and 5.8 and covenants, measures Defendants' size 04 RECEIVED of all alleges 01/29/2020 355 violation and CLERK INDEX NO. 151484/2016 INDEXNYSCEF: NO. 151484/2016 RECEIVED 02/11/2020 continued witnesses, and [* 4] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF 357 RICHMOND FILED:DOC. NO. NYSCEF DOC. NO. COUNTY Chris Ragucci, Board Member Mary Power, Thomas the Mascialino, CEO Management 'witnesses P14 architect At Defendant interference Defendants withdrew infliction of Court, bring evidence this the trial, Riccardi Vito and Inspector Fossella. Peter Condo Island Assessor, engineer expert Department Tax 01/29/2020 former Ciaramella, Building Finance Court Defendants Bellantoni, and Sr., and slander, granted the libel. an submitted contention counsel that conform by Defendants, the all thereto, for intentional for the pleadings or Board current against for Prior Counterclaims to as Counterclaim relations. Although application testimony Defendants' Fourth claims Sixth business and Third, Plaintiffs Defendants' and/or contract or dismissed dismissed and Second, Court the regarding to standing the distress, the no an Joseph Sr. their and was and with emotional moved, there of Bellantoni, intentional City NYSCEF: Businelli. conclusion Peter York of Filler, Defendants David the New Helaina and Berman, Murray Department Martin including expert the :26 RECEIVED Members proof, 04 355 Board jointly 01/29/2020 CLERK INDEX NO. 151484/2016 INDEXNYSCEF: NO. 151484/2016 RECEIVED 02/11/2020 parties to the permitted by lacked legal action. FACTS The Hylan acquired evidence Boulevard it on demonstrated in May that Riccardi thereafter or about 1998 and 15, 2006. In about or 2004, 4|Page 4 of 14 6 of 16 initially moved Riccardi bought to was the 12D Unit PH elected Unit to at when the Board 31 he [* 5] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF DOC. NO. 357 RICHMOND : FILEp NYSCEF DOC. NO. COUNTY thereafter until August PH center became "as line of Riccardi taking creating two the added to doubled described of to make illegal 110 title to the 04 : 2 6 size of PM) outdoor before that extension - 120-inch Unit as conceded took room Exhibit that title at in He habitable. with television a pool table, screen, as to of allocated indoor PH Unit feet assigned improvements new two floor and and tiles, sale" "for (2) published space to square Elements by a Prior the to of be from area. certain demonstrated caused is additional consisting Board. computed added with the Condominium floor Common Elements of and been Limited that 01/29/2020 2,100 which square 11). least 2006 feet 1,200 feet capacity of original its together square in vote walls" had Riccardi 2,100 (Plaintiffs on as further Unit, that containing space. he Unit based space, Common PH exterior approximately living Limited square of the NYSCEF: Declaration recorded extension onto RECEIVED continued a majority by 2,102 an extended PH the the Elements Unit, and cause, outside totaling Riccardi's of to additional terrace of 2005 approximately PH the about for B Common which The roof his of or removed, Exhibit rooms portion Unit. Riccardi habitable the new advertisements feet 2020 29/ in partitions in (2) the was in interior that PH he consisting interest including President is described 1) .02973% its when 2016 Unit (Exhibit to 01/ 355 and The CLERK INDEX NO. 151484/2016 INDEXNYSCEF: NO. 151484/2016 RECEIVED 02/11/2020 and also one (1) of that he had acknowledged two (2) popcorn 5|,Page of to add 14 7 of 16 two seven video games rooms (2) electric furnishing motorcycles, machine, 5 those and the (7) and water glass theatre dart was not service enclosed chairs, board, a as [* 6] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF NO. 357 RICHMOND ILE DOC. : NYSCEF DOC. as two barbecues (2) ever extension nor credible any Article 12 of Board Declaration. the Board to maintain Common Limited two correct a work either required (PL condition. then NYC (2) an Agent and as extension that 1,200 approximately for 29 Exhibits Managing contains permit square room either obtain a permit or Based upon competent Vito legalize and theatre Fossella, under the extension the 30). those erected The the and zoning the Although floor floor remedies to credible it would area would 6|Page 6 of 14 8 of 16 the be required 2016 Unit to a permit the east legal and now current of the measures and 2017 its prior that legal Board the PH and Unit enlarged by used violations the the any being as were a to condition. Plaintiffs impossible 12-year upon the that ever under his encroaches state of exceed was named under testimony as in violations prior no to take violations its was There permission failed restore required premises law, also toward area the during also issued to "without restore since or extension, was of that violations both room". current he of written formal Unit Respondents, feet sports PH his construction Unit either 01/29/2020 Riccardi's permission the fail, any Condominium, the of NYSCEF: did extension. written any time no the the Riccardi Department Building legalize obtain to At for expansion did to the terrace. that only extension of to and thereafter, Elements roof permits action alteration illegal the Riccardi Not or the any by the the of Presidency for of Department take submitted Board side either Building Riccardi evidence by on obtain did granted its NO. 151484/2016 RECEIVED NYSCEF: 02/11/2020 4: RECEIVED predecessor to CLERK 355 NO. well COUNTY INDEX NO. 151484/2016 INDEX expert to obtain zoning engineer a permit restrictions. to [* 7] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF 357 RICHMOND FILEp: DOC. NO. YSCEF DOC. NO. prior available only legal Exhibit 9). 15th extension through approved the credible amend Plans In that and that Exhibits an to roof roof the NYSCEF: the Unit and roof and (PI. terrace when roof 01/29/2020 to Plans. removed was the the terrace is to 28). Assessor be This that the Building increased totals by an do the impacts extension in the of $150 $9,000 7|Page of on not record. controvert 14 9 of 16 the real applications any work Permits the Finance PH estate for the Department Building upon of of approximately 7 any approved Department average evidence not nor Plans, resulting did and Fossella. from the remain ("Businelli") adversely from 2016 28, Condominium violations the hearing, records that October dated "Oceanview Vito deviates violation entire Summons Department clearly Power Mary of 15, the that access only restore Department to door Businelli s expert Building Tax the David Department Building ongoing OATH an Plaintiff extension of owners the approved regard, reassessment access Respondents expert of testimony testimony 60-unit Defendants' 6). is named the following said extension, direct the and Building Department Estate" the extension a hallway Building as against Given the approved required Currently, first the Real Exhibit to PH :26 Unit. dismissed (PL the through constructed. Although Dawning remove in Plans hallway Riccardi's to as depicted floor was is remedy condition Those the was 04 01/29/2020 RECEIVED the from CLERK 355 Thus, its COUNTY INDEX NO. 151484/2016 INDEXNYSCEF: NO. 151484/2016 RECEIVED 02/11/2020 entire Building. corroborated Unit has taxes to $185 per a year more for unit, that the caused each per of year. all a the (PL 60-unit [* 8] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF 357 RICHMOND |FILED: DOC. NO. NYSCEF NO. DOC. COUNTY illegal been extension In view of compelled that only the illegal size thereof, the "at its discretion... sole allocated to refused to the units duties, elected common charges due to the October to $121,445.24 Riccardi also resolved monthly and expansion PM| a by Civil his his Stipulation payments by the Riccardi Beginning this the basic undisputed 2011 NYSCEF: PH the 01/29/2020 Unit's rate of common period common wherein 14) balance of his 8|Page 8 of 14 10 of 16 this against common per its for areas six years (6) the due assessed trial the Not 13). in Board did only based was on the he pending, in resulting year common of him. That was required charge two exercising the action and the remedy $10,956 Exhibit charges charges failed charges Riccardi basic to conclusion charges suit County of exceeding while By-Laws Board, not (PI. the to in common 4%. the common interest the doubled Riccardi the sum now of measures and increased a long Exhibit of When through action, Richmond amount additional from additional for 6.1 violations, allocable at the interest the of has Section any his the which owners take an of doubling but satisfy unit Building Unit, (PI. to of of the and/or calculated Court, under payable pay virtue by Unit authority decrease date 2017 Riccardi's or %. to since increase the of refuse pay its assess Power of to instituting to inclusive fail failed to .05946 Mary of extension commencement 2019, illegal 6 Riccardi. Department fiduciary at 0 4 :2 annually expansion illegal City .02973% pay benefits and the York to exercised Board, remove New prior 9/2020 RECEIVED have from 01/2 355 owners (2) CLERK INDEX NO. 151484/2016 INDEXNYSCEF: NO. 151484/2016 RECEIVED 02/11/2020 the Board action was to make arrears. Upon [* 9] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF 357 RICHMOND |FILED: DOC. NO. NYSCEF DOC. NO. his COUNTY to It of total now $6,021.43. from owing Riccardi Regulations, in camera INDEX NO. 151484/2016 RECEIVED NYSCEF: 02/11/2020 PM) of Rules hallway in violation in which lobby areas elevator impersonating otherwise his prohibits of work the any without himself harassing 16, objects his legal as the and then sum for and 17; of Rule to of be attempt illegal 39 as two well to have Richmond that would ofthe other unit 9|Page of 14 11 of 16 Section as installed Board owners within in and remain October 2019, fines the due Rules inside his a surveillance 5.8(A) of the By- the hallways perform members and and of violation for Filler of him benefit to Martin are Elevator in him motorcycles (2) maintenance or President 9 violations placed permits disparaging of his through there fees that that the taken charges that various legal subpoena $4,719.43 testified his to additional charges maintenance violation Building; the Power $7,025.00 15, These common Mary conceded 18). on measures and paid accrued and collection 01/29/2020 Exhibit Riccardi that $380.00, vehicles, (PI. that interest totaling for trial NYSCEF: a Judgment 16), $7,700.42. this the pay motor undisputed Exhibit of of incurred with (PI. amount fees Exhibit addition, his to accounts, basic totaling including Laws for In failed together for due the Marshal (PL which, still commencement still in Board bank examination. was totals Unit :26 Cure the has the that to 2019 $72.00, Riccardi's $1,302.00 testified he of $850.00 a supplementary due but to Notice 15, July prior amount against written on shortly the amount after him $7,660.00, in execute and so, only of Judgment the do against was sum the 04 RECEIVED entered 17). 01/29/2020 355 failure was CLERK INDEX NO. 151484/2016 certain alone ofRule of and while 16; the and Board [* 10] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF 357 RICHMOND FILED DOC. : NO. NYSCEF NO. DOC. COUNTY against of this Defendant $4,323.00, which email PI. by is also were additional and to Board. ceased Board of 2015. (PL of Riccardi used or rented evidence Page not (PI. Exhibit 01/29/2020 14). further assessing 20 showed that President of of and 19 21). and for and the the fines in value not Plan. an (PI. November for Exhibit his with he for years to exclusive many 2013, recover storage 25). and 2010, seeks additional allocated Super calendar further of as payments during Board Realty, Bellantoni, by authorized totaling to the by wages pursuant Dawning provided timesheets 2015 Riccardi by worked instead of and Agent hours The was Offering beginning the rental which approved was of overpayment 2014, Managing number on the 2013, Riccardi timesheets $3,000 out and though reflected Riccardi years then the Exhibits sum of Even those work hours calendar Board's 20. from authorized showing the from bin use that under the Specifically, continuing until Riccardi removed as of the 2017, recover for the Exhibit Riccardi terms to expressly disregarded nevertheless was the disparaging stop 19, seeking Bellantoni timesheets weekly the to April dated instructions evidenced 2014, Court Board to his him directing NYSCEF: Riccardi. The paid PM) RECEIVED Order a Court Order By 0 4 : 2 6 . 355 despite 01/29/2020 CLERK INDEX NO. 151484/2016 INDEXNYSCEF: NO. 151484/2016 RECEIVED 02/11/2020 a second rented out storage for a portion Board the bin in contained of time August in to 2016, the Chris basement Ragucci 10|Page 10 Riccardi of 14 12 of 16 of at the took unilaterally the rate Building, of $50 sole which per month. he use then (PL [* 11] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF 357 RICHMOND [FILED: DOC. NO. NYSCE DOC. 27). Page storage bin is conversion Board of on legal damages in Riccardi's which Riccardi's conceal in to the against showed social recovery from and Riccardi (PI. unit and use business of was Exhibit personal luxury motor with relationship $24,000 11|Page 11 of 14 13 of 16 the (1) of the Board Riccardi the $3,500 legal in and Bernstein legal so as The the but also to Howard Lee by awarded not to arouse the Bernstein. The numerous had is also was the by to otherwise Board for seeking and Pally on Board to conspired with and vehicles, least demonstrated fees Riccardi that the As relationship him. is at entitled earned each. fees is approved Court of utilized of Board The by Riccardi a period bin. that fines representing for have represented personally his for one President that could amount paid Riccardi's of the was it Riccardi 24), owners bin action, awarded of he Plan that fees fees actually this storage not that Offering fees second only 01/29/2020 Riccardi's storage of attorney's Bernstein had transactions, standing that damage that the attorney's amounts and/or membership the additional Bernstein the of NYSCEF: Plan. second rental for period Offering the violation of Board the thus and the during of $3,000 awarded only owner that provides expressly commencement the ("Bernstein") from as in retention email bin value of $15,000 Esq. Bernstein, estate to unit under and sum the each storage authority prior of to rental the Plan Offering prohibited illegal recovery the a second Based years of allocated expressly (6) evidence 20 was without Court P :26 RECEIVED Exhibit suits, 04 01/29/2020 355 NO. six CLERK COUNTY INDEX NO. 151484/2016 INDEXNYSCEF: NO. 151484/2016 RECEIVED 02/11/2020 real a long seeking compelled [* 12] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF 357 RICHMOND {FILED: DOC. NO. NYSCE DOC. to COUNTY NO. 355 pay to the for City (PI. these Power, provide the were to approximately $50,000 expenses annexed this of law sought due of court this law to this the :26 PM) in work which fines, while of to the in that an and engineer and/or Building regard to caused the down mitigated Plaintiff 01/29/2020 Riccardi Ragucci engage to negligence His 2011 testimony failure facade City. the credible Riccardi's necessary of recovery seeking action for fees of and are Sections fees and attorney's reasonable of Affirmation disbursements those Services, the a separate which specifically total the to the accrued NYSCEF: from $24,000. By-Laws, upon Plaintiff date this Memorandum the to to Affirmation Based the attorney's Condominium the due is in Such assessed that on unnecessary Plaintiff incurred submitted. of sustain violations Based reports Condominium 11 32). perform to requisite Finally, Law Local Exhibit fines contractor and/or 04 01/29/2020 RECEIVED President. was CLERK INDEX NO. 151484/2016 INDEXNYSCEF: NO. 151484/2016 RECEIVED 02/11/2020 Services 9.4. and through expenses, Based the and is being authorized expressly 6.4(B) fees under on the preparation $76,909.69. trial and testimony determines that plaintiff the is evidence entitled the before to the court following as a matter relief monetary suit. is decision extension entitled in and to the the all fees attorney amount increase of accrued $50,000 in defendant's 12 of 12|Page 14 14 of 16 and through to all interest January common unpaid in 24, the common 2020, the charges area in [* 13] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF 357 RICHMOND |FILED: DOC. NO. NYSCEÈ DOC. in CLERK amount of $70,000 without permit the legally and the to the 2020 31, January common defendant from permits through undisputed that is an as illegal governmental relevant NYSCEF: set 01/29/2020 forth charges. occupies legalizing the structure. alteration, unit in also give the work that All other causes to the unlimited to is of action attempt to and be next access defendant to additions question within directed and said codes construction access ordered hereby restoring shall Defendant remove either by building and basic established defendant alternative repairs are PH extension agencies that correct the extension. use expense. due currently the requisite Accordingly, relevant to further such unconfirming are and has obtaining would that complaint plaintiff's the 26 04: RECEIVED Plaintiff in 2020 01/29/ 355 NO. the COUNTY INDEX NO. 151484/2016 INDEXNYSCEF: NO. 151484/2016 RECEIVED 02/11/2020 90 the in at his area to undertaking are conformity days roof construction sole the to either dismissed. All or with the cost and Board for legalize or counterclaims dismissed. In restore the this common event matter for fails appropriate to relief. legalize Defendant the shall also plaintiff extension, may current remain with all charges. If there are textorotherwise result defendant in a contempt any by any derogatory party proceeding comments the against, against the included court, offending 13|Page 13 of 14 15 of 16 the but attorneys party. not limited or litigants, to by this email, may [* 14] FILED: RICHMOND COUNTY CLERK 02/11/2020 04:50 PM NYSCEF 357 RICHMOND (FILED: DOC. NO. NYSCEF DOC. NO. throughout This Staten 04 : 26 PN) RECEIVED court highest Dated: 01/29/2020 CLERK 355 The the COUNTY level of the professionals a difficult trial. constitutes the January Island, compliments 24, 2020 New York decision attorneys in and on all their order sides both of for interaction the Or Page 14 of 14 16 of 16 handling before ando arrazzo, Supre NYSCEF: themselves the court. Justice, 14| INDEX NO. 151484/2016 INDEXNYSCEF: NO. 151484/2016 RECEIVED 02/11/2020 r., e Court court 01/29/2020 on and

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.