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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

NEIGHBORHOOD IN THE NINETIES, INC., Plaintiff, -against- THE CITY OF NEW YORK (“NYC”); MICHELE OVESEY, Commissioner for the Department of Homeless Services for NYC (“DHS”); JOHN C. LIU, Comptroller of the City of New York, and AGUILA, INC.; Defendants.

Index No.

SUMMONS WITH NOTICE

To the above-named DEFENDANTS:

You are hereby summoned and required to serve upon plaintiff’s attorney, at its address

stated below, a notice of appearance or demand for a complaint.

If this summons was personally delivered upon you in the State of New York, a notice of

appearance or demand for a complaint must be served within twenty (20) days after such service

of the summons, excluding the date of service. If the summons was not personally delivered to

you within the State of New York a notice of appearance or demand for a complaint must be

served within thirty (30) days after service of the summons is complete as provided by law.

This seeks both a declaratory judgment and an injunction. Plaintiff Neighborhood in the

Nineties, Inc. (“N90s”), a not for profit corporation formed to speak as a coalition on behalf of

block associations, residents, retailers and property owners situated between West 90th and West

97th Street between Riverside Drive and Amsterdam Avenue, seeks:

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1) (a) a declaration that Defendants Department of Homeless Services (“DHS”)

and Aguila, Inc. (“Aguila”) are operating the shelter services for homeless

families at 316 West 95th and 330 West 95th St. (collectively, the “Premises”)

known as Freedom House (the “Shelter”) in violation of the New York City

Charter and the Administrative Code in that i) the placement of the Shelter

violates the New York City Charter and City Planning Commission Fair

Share requirements, ii) the operation of the Shelter as proposed would violate

Administrative Code §21-312 which limits the size of a shelter to 200 persons;

and iii) upon information and belief, the Shelter will operate in violation of

the certificate of occupancy of part of the Premises, and, (b) as a result of the

foregoing, permanently enjoining the operation of the Shelter at the Premises;

2) a declaration that the manner in which Aguila and DHS has

operated the Shelter from its inception constitutes a nuisance to the

neighborhood and members of N90 and enjoining the continuation of any

further conduct which would constitute a nuisance, including, but not limited

to, loitering by Shelter residents, sleeping in neighborhood parks, littering

and the creation of unreasonable noises; and

3) a declaration that the Comptroller of the City of New York properly

rejected contract number 1427016 (the “Contract”) between DHS and Aguila

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for the operation of the Shelter and permanently enjoining the Comptroller

from registering or otherwise implementing the Contract.

If you do not serve a notice of appearance or demand for a complaint within the

applicable time limitation stated above, a judgment may be entered against you, by default, for a

judgment A) declaring that the Shelter violates the New York City Charter and Administrative

Code and enjoining its operation; B) an order compelling Aguila to abate the nuisance created by

the operation of the Shelter; and C) declaring that the Comptroller properly rejected the Contract

and enjoining the Comptroller from registering the Contract, together with the costs and

disbursements of this action.

The action will be heard in the Supreme Court of the State of New York, in and for the

County of New York. This action is brought in the County of New York because the plaintiff,

the City defendants and the property at issue in this action are located there.

Dated: New York, New York July 14, 2013

Respectfully submitted Tane Waterman & Wurtzel, P.C. By Stewart E. Wurtzel, Esq. Attorneys for Plaintiff 120 Broadway Suite 948 New York, New York 10271 (212) 766 4000

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Defendants’ Addresses:

Aguila, Inc. 665 Cauldwell Ave. Brooklyn, NY 10455 City of New York c/o Corporation Counsel 100 Church St. New York, NY 10007 John Liu Comptroller of the City of New York Municipal Building One Centre Street New York, NY 10007 Michele Ovesey Commissioner for the Department of Homeless Services for NYC 33 Beaver Street 17th Floor New York, NY 10004