30 November 1998

See related documents: http://jya.com/a6e.htm

> JOHN YOUNG 251 WEST 89TH ST APT 6E NEW YORK NY 10024
> __________________________________________________________________

> 17 August 1998

> By certified mail and fax to 212-593-4426

> Mr. Robert Marceca
> 251 West 89th St. Units, LLC
> c/o Kane Holding Corporation
> 155 East 55th Street, Suite 4H
> New York, NY 10022

> RE: 251 West 89th Street, Apartment 6E

> Dear Mr. Marceca,

> This confirms my comments this morning to Connie, of Kane Holding and/or RKM Enteprises and/or 251 West 89th St. Units, LLC:

> 1. Due to the unpredictable and disruptive performance since August 6 of Kane's workers making emergency plumbing repairs to our only working bathroom to eliminate leak damage to the apartment below, we ask that work not proceed until we have agreed upon a reliable work scope and schedule. We have unnecessarily incurred costs of lost work time and cleanup costs that are way out of line with what is reasonable for accommodating a simple repair job. For your information, the emergency plumbing repairs appears to have stopped the leak although substantial architectural restoration remains to be done.

> 2. We ask that workers/subcontractors not be directed by Kane to call us for instructions but for Kane to make those arrangements with us directly so that we can can agree to a reliable work scope and schedule which will be closely followed. This should prevent the recurrence of the recent disorganized effort that has left our only bathroom unusable for much longer than we were promised when emergency repairs commenced.

> 3. Further, building staff also have not been kept informed by Kane representatives on work progress for we have received complaints about Kane's workers not complying with building requirements for construction procedures and scheduling.

> 4. We ask for clarification of the purpose of the call I received from a painter at the end of last week concerning his statement that "Sal told me to call you in order to paint the apartment." And the purpose as well of an unexpected visit from an

> Mr. Robert Marceca, 251 West 89th St. Units, LLC, August 17, 1998 -- 2

> unknown plumber at the end of last week. We are unsure if these overtures concern the emergency bathroom repair work or our long-standing request to repair our overall apartment, and the workers could not answer this question. To avoid confusion we need to hear from Kane directly on repair work, not from unknown workmen who call unexpectedly with vague instructions (as we had earlier from poorly informed tile setter and plumber on emergency repairs). Then we can mutually agree upon a work scope and schedule. Bear in mind that for overall apartment restoration, substantial plumbing and architectural repair work needs to be done before painting, and we will be able to only accommodate work in a few rooms at a time on a schedule we mutually agree to.

> 5. Finally, based on our experience with the unnecessary, lengthy disruption caused by poorly supervised and planned emergency repair work, none of which was done in response to our long-standing request for substantial apartment repairs, we ask that no further work be done until we are assured that you intend to properly execute repair work, not in the helter-skelter fashion recently imposed negligently by Kane for emergency repairs. Then we can arrange a mutually agreeable, reliable plan and schedule for repairing all deteriorated conditions in the apartment so our residency may continue unhindered in a well-maintained apartment assured by our lease.

> Sincerely,

> John Young

> cc

> > Kane Holding Corporation, Apt. Managing Agent
> > Chairman, 251 West 89th Street Condominium, Building Owner
> > RKM Enterprises, Inc., New York and London, Apt. Owner's Representative
> > Heiberger & Associates, P.C., Apt. Owner's Attorney