I am not getting a sense of helpfulness or transparency from Kenny or anyone in the building.

Transcription

1 FILED: NEW YORK COUNTY CLERK 11/11/ :32 AM INDEX NO /2015 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/11/2016 From: Smith Subject: Re: kitchen and living room Date: October 3, 2013 at 12:54:42 AM GMT +8 To: Leonard Lee Cc: Min Kwon Hi Min and Len- an update on the smell issue- I would really appreciate you getting involved and contacting the board and management company. Please can you call me to discuss as soon as you are able to. Kenny continues to repeatedly tell me "he doesn't know and there is nothing he can do". He doesn't deny there is a foul smell and confinns that this was a known problem from the time you moved in, and you had even had plumbers come in to look at this, and he keeps pointing the finger back at you. I obviously was not made aware of this existing problem when I moved in. I now asked Kenny to find out from the building management company who an environmental engineer or professional to come and find the source of the problem would be. He said to me he has notified the board and building management and they "didn't know what to do or who to contact". This just doesn't seem like a fair answer. I did not believe it was coming from the dishwasher and a member of the building staff had once told me that he thought it was coming from flushing or sewerage lines above the apartment. I believed it was Kenny who told me this, but after mentioning this again to him as a hypothesis - he has now reverted back to his answer of "he doesn't know, and he has no hypothesis and the building management has been notified." I am not getting a sense of helpfulness or transparency from Kenny or anyone in the building. Over the last year I have had health issues with dizziness that I have seen 7 doctors over and I would like to rule out that this is what has been causing the problem. If it is not fixed I would like to look to move out asap. I believe the smell is emanating from inside the wall at the back of the kitchen - I took the light switch covers off and harsh smells of damp sewerage come directly from the light switches. It literally fills up the entire living room to the point that guests can't sit in here unless the window 1

2 is open. I have contacted an environmental engineer to come in and have a look and will let you know when this is done. Very much would appreciate your attention and help in getting to the bottom of this Thanks so much On Aug 15, 2013, at 7:29PM, Leonard Lee <leonardylee@gmail.com> wrote: sorry for the delay in getting back to you. We're doing some travelling at the moment. Yes we too would like to get together before summer's end. As far as the kitchen is concerned, feel free to get a second opinion. Most places are willing to give an opinion at no cost (our preference). However after having done some recent home improvements, I have little if any trust in the "CONTRACTOR TYPE", as they often mislead as to cost to trap you then get more money for a bigger job than intended etc. thanks Len On Aug 11,2013 3:43PM, 11 Smith" <gsmith92@gmail.com> wrote: Hi Min and Len, Hope you guys are doing well. Sorry to be a bug by bringing up an issue. As you know the smell that emanates from the kitchen at various times of day has not gone away and if anything I would say it has gotten stronger over time. I would like to arrange for someone to come in to test the air quality and possibly someone else to figure out what the source of the problem is. I want to make sure there is not some big underlying mold problem or other issue that we don't know about. Don't feel great breathing in such a strong smell when I don't know what the cause is. I have spoken to Kenny about this many times but he doesn't have any answers. I wanted to check if you would be willing to take care of this or how you would suggest proceeding. I would be happy to look into who the right type of person would be to get in, but I wanted to see if you would be able to give this some thought, as I know the two of you would like to fix it as well. Thanks a lot and call anytime if you would like to discuss. I would also like to grab dinner when convenient for the two of you with the kiddies. Have a good week. 2

3 Begin forwarded message: From: Smith Subject: Re: Date: July 6, 2012 at 3:24:32 AM GMT+B To: Min Kwon holy crap - you have a lot on your plate!! Wishing you the best of luck but it will go great. And happy birthday for your baby girl - a wonderful occasion and I am sure the party will be tons of fun!!! I am flexible on all of the below- chat to you guys soon On Thu, Jul5, 2012 at 2:48PM, Min Kwon <ravelconcerto@aol.com> wrote:, I had started to write to you as below then stopped. Am continuing now... Hi, Tomorrow is my baby girl's first birthday and I have six house guests now and a big party to throw for 50 people tomorrow. Very stressed out. Wish me luck! Give us some time to sort out your questions but I wanted to respond some things now too. We would consider hiring movers, can you first get some estimates? I would still like to come in one day and see what stuff needs to be packed, exactly, as I would need to know where goes what. I would bring the stuff in my book cases (box cubes) completely, and yes the porcelain things too. As for the smell, previous tenant Evan complained about it only at the beginning and after that visit by the Bosch people and Kenny looking into it, we did not hear anymore about it. Let me also check it out when I'm able to come in. And how about you just give me the utility bill in cash when you see me? Not sure how paypal works. Also for the rent, I dan told us it was first and last month rent, but sure we are perfectly happy to consider it as the second month rent instead. 1

4 Lenny and I would love to get together - as soon as my in - laws leave... :) they stay with us for another two weeks! Do you have any travel plans for the summer? Best, Min On Jul3, 2012, at 12:33 AM, Smith <gsmith92@gmail.com> wrote: hey Min, apologies for the delay in responding. I am actually enjoying the heat quite a bit - hope you guys are too. The mattress situation is better and I replaced it with 1800 mattress as you had suggested! For the con-ed and RCN bill, I can easily Pay Pal or wire the money to you if easiest. I don't use checks much these days, but I can get some at the bank if easiest for you guys and leave at the front desk for Y oon. Let me know what is best. On the rent, I think I had paid June and July's rent up front, plus the two month security deposit. Let me know if I am wrong on this. A couple other quick things -- you probably know that the green couch was quite badly stained when I moved in- I got this professionally steam cleaned and also had them clean the area rugs in the bedroom and the living room/dining room. So everything is looking spotless. On the stuff in the apartment, I am finding that I would like some place to put out some of my own books and to put some of my own things on the shelves in the living room etc. I am finding literally every drawer and cupboard/shelf is filled with things. So I got a few boxes and have started putting some of the things in there, so I can unpack some of my own stuff. But I would also like to move some of the porcelain statues in the living room and obviously this needs to be done carefully. So I thought what I could do is get a moving service in for an hour or so - I am sure they could do everything pretty quickly - they could professionally bubble wrap/pack everything and take it to you guys in NJ. I would be willing to share the costs of this with you guys if you want. Or if you and Lenny would like to do it you can, but there is quite a bit of stuff that I would like moved, to make room for some of my stuff, and I am not sure you can do it in one trip. Was just thinking what would be easiest/most efficient. Finally, on the issue with the smell - I have tried all sorts of air fresheners, leaving windows open, checking behind the fridges, cleaning the vents, thoroughly cleaning the kitchen etc and nothing seems to get rid of the smell. To be honest, it bothers me (and it is very noticable when people enter the apartment at certain times of day), and I would have liked to have known about it upfront, as it sounds like it has been a known issue with the previous tenant. I wanted to 2

5 ask if you and Lenny would agree to a decrease in the rent to accommodate this smell which is prominent and does not seem to be easily fixable. Thanks a lot guys and hope you have some good 4th of July plans. Also, would love to do that dinner sometime that we had discussed. Chat to you soon. On Sat, Jun 30, 2012 at 4:58PM, Min Kwon <ravelconcerto(a)aol.com> wrote: Hi, Hope you are doing well and enjoying the heat! Any update with the mattress situation? As July 1 is around the comer, I was wondering how the rent and utility payment will be made. You can mail us the check if you like or leave it with doorman and Yoon will pick it up when she comes to visit me on July 4th. You received the RCN bill along with the mailbox key and now I have the Con Edison Bill for $ Very reasonable considering this has been a very hot ' summer already! Looks like I will be tied up until July 5th, but promise to come in to the city after that point. Enjoy the holidays! rv1in 3

6 Begin forwarded message: From: Smith Subject: Re: Today Date: June 17, 2012 at 8:37:40 AM GMT +8 To: Min Kwon Hey Min - no worries at all - no rush. The smell is still quite bad to be honest with you - I am going to try different air fresheners and ventilating the place Hope you guys are having a great weekend On Jun 16, 2012, at 2:01 PM, Min Kwon <ravelconcerto@aol.com> wrote:, It doesn't look like we can come to the city today Saturday. Sorry. I will try for a day next week. How's the smell situation? Min 1

7 From: Smith Subject: Re: Please join me on May 2nd for an evening with Bill de Blasio Date: May 8, 2013 at 3:35:36 AM GMT +8 To: min kwon Dear Min, My apologies for the very long delay in responding. Hope you and Len and the kids are doing wonderfully. The event was very nice- a very good discussion and an interesting night. Hope everything with CME is going well. Please send over utility bill figures when you have a moment. I am busy trying to figure out my future career plans (getting closer on this front, but will still take a bit of time) and would very much like to stay at least another year but was wondering if you and Len would consider reducing the rent to $5,000 a month. You could clearly rent it for more than this, but the smell in the kitchen has still not disipated and I am still keeping all my furniture and stuff in storage. So was wondering if you would be amenable to keeping a good tenant for another year, given these slight inconveniences:) The place is obviously phenomenal and my preference would be to stay. Happy to chat on the phone anytime. Hope to grab diimer sometime soon when you guys have a babysitter or are in the city with the kids. Best wishes, On Apr 25, 2013, at 3:18 PM, min kwon <ravelconcertola>.aol.com> wrote: Hi, 1

8 I see that you are keeping busy! And our apartment is too! I hope the place is decent enough for such a gathering! You've been a great tenant and we hope you will stay on, but if not, we'd need to know ASAP, please give us at least a 30 day notice. I will send you utility bills for the past few months too. Life is so hectic!!! Think twice before having kids! :) Min On Apr 18, 2013, at 3:58 PM, Smith wrote: Hi everyone, I hope you will join me on May 2nd for what I believe will be an interesting, inspiring and fun evening. Bill de Blasio is currently our City's second highest elected official after Mayor Bloomberg - serving as Public Advocate for the City ofnew York- the person responsible for holding government bureaucracy to account, and making sure that it is truly serving the needs of the people. While the mayoral race is early- Bill is a leading contender for the Democratic nomination - and stands an excellent chance at being elected New York City's next mayor later this year. Please come over for a rare and early opportunity to meet Bill in a relaxed setting and hear about his vision for the future of our great city. If you can make it, please let me and Brittany (in the below ) know. RSVP is mandatory due to capacity constraints. Hope to see you! Bio: Bill de Blasio has a long career in public service dating back to the Dinkins administration; he served on the City Council and successfully ran Hillary Clinton's statewide campaign for US Senate in Bill has been a long time adviser to New York Governor Andrew Cuomo and served with him in the Clinton administration. Bill received the endorsement of The New York Times in his run for Public Advocate in

9 Begin forwarded message: From: Smith Subject: Re: Lease Date: July 3, 2013 at 4:37:27 AM GMT +8 To: min kwon Hi Min - thanks very much. I agree with all of the below. Going through utilities now- will send payment this afternoon. I am around the rest of the summer if you and Len want to get dinner on the calendar. Look forward to it. On Jul I, 2013, at II :56 AM, min kwon <ravelconcerto@aol.com> wrote: LEASE AGREEMENT EXTENSION- Adagio, 243 West 60th Street, Apt. 7C, New York, N.Y., June 1, 2013 This letter serves as an extension of the lease agreement between Leonard Lee I Min Kwon (owners) and Smith (renter) for the period June 5, 2013 through June All agreements stated in the previous year's lease remain active until the termination of this lease extension (June 4, 2014). Renter shall be released from the lease agreement if the renter gives three months notice of vacating the property before the lease terminates on June 4, The owners must also give three months notice to the renter should they wish to terminate the lease prior to lease termination date. Additionally, during the lease period, the renter agrees to pay all utilities (Con Edison and RCN) for each month within 10 calendar days of notification of the 1

10 amount by the owners. After 10 days, a $50 late fee (for each bill) shall be imposed upon the renter. Agreed: Smith Leonard Lee and Min Kwon 2

11 Begin forwarded message: From: Smith Subject: kitchen and living room Date: August 12, 2013 at 3:43:22 AM GMT +8 To: Min Kwon Leonard Lee Hi Min and Len, Hope you guys are doing well. Sorry to be a bug by bringing up an issue. As you know the smell that emanates from the kitchen at various times of day has not gone away and if anything I would say it has gotten stronger over time. I would like to arrange for someone to come in to test the air quality and possibly someone else to figure out what the source of the problem is. I want to make sure there is not some big underlying mold problem or other issue that we don't know about. Don't feel great breathing in such a strong smell when I don't know what the cause is. I have spoken to Kenny about this many times but he doesn't have any answers. I wanted to check if you would be willing to take care of this or how you would suggest proceeding. I would be happy to look into who the right type of person would be to get in, but I wanted to see if you would be able to give this some thought, as I know the two of you would like to fix it as well. Thanks a lot and call anytime if you would like to discuss. I would also like to grab dinner when convenient for the two of you with the kiddies. Have a good week. 1

12 Begin forwarded message: From: Smith Subject: Re: kitchen and living room Date: October 4, 2013 at 11 :49:24 PM GMT +8 To: Min Kwon Cc: Leonard Lee thanks so much Min - very much appreciate you and Len getting involved. I went to the Philharmonic the other day to see Bronfinan and thought of you and Y oon as I am sure you know him, and I thought I remembered that Y oon maybe played in the Philharmonic Speak to you both and hope to see you soon On Oct 3, 2013, at 10:43 PM, Min Kwon <ravelconcerto@aol.com> wrote:, Kenny probably came back to smell it because I had notified two members of the board, Trisha and Lesley, about the problem yesterday (and Kenny's helpfulness in it, lack thereof) We will make sure the issue is fixed and resolved. So sorry. Keep us posted. Min Begin forwarded message: From: Trisha <tgduval@yahoo.com> Date: October 3, 2013, 5:10:49 PM EDT To: Min Kwon <RaveiConcerto@aol.com> 1

13 Cc: Lesley Silvester Subject: Re: kitchen and living room Hi Min, I spoke with Julia and Kenny about this today. Kenny thinks we should bring in a plumber and open up the wall so we can see if the problem is inside the wall (he suspects that it is). We will try to get this resolved as soon as possible. I hope you are well and hope to see you soon! Best regards, Trisha 2

14 Begia forwarded message: From: Smith Subject: Re: Odor in apartment- professional firm proposal Date: October 21,2013 at 10:34:17 AM GMT+B To: Min Hi Min, Thanks for your involvement. As I was trying to explain to you below, I would like to have a full understanding of what I have been breathing in for a year and a half and where it has been coming from - before a plumber tries to fix the problem. Ideally you and Len or the board or the management would pay for this. I can understand that this is expensive and given how foul and consistent the smell has been, I believe it is worth paying for a professional. I have had medical problems and would like to understand what it is that I have been breathing. I have mentioned this problem to you from the first week I moved in; have spoken to Kenny about it many times and had him up here many times. He has acknowledged the smell but told me every time: that you and Len were aware of it from the beginning, that the board is aware of it, that the management is aware of it and there is nothing they are willing to do or pay for to fix it. I repeatedly asked him over a period of months to ask the board and management company for a recommendation of who to get in and he came back with nothing. He did not do anything to think outside the box of what could be causing it, and kept saying it was your's and Len's responsibility. He even told me he thought it was impossible that the smell was coming from the walls and did nothing to try and help me solve the problem, nor did the management, nor did the board. Now that I have located the problem on my own they are willing to pay for a plumber. I would ask and appreciate that you and Len pay for this environmental assessment, but if you are unwilling to, I would like to proceed with it anyway to understand fully what the source of the odor and problem has been. Would definitely appreciate if you can let me know as I will likely schedule it anyway for this week. Thanks so much for making sure everyone stays on top of it. I am sorry for being so persistent on this but I would like to get it resolved soon. My sense is it would be fair for you and Len or the building to pay for this, but please let me know if this is not a possibility. Have a good week and please give me a buzz if you would rather chat on the phone about this. 1

15 Thanks so much Min. Cheers On Sun, Oct 20, 2013 at 9:19PM, Min wrote: I Ok, but can we have the bldg bring in a plumber first since they've now finally gotten ' around to doing it? I will get them to do it ASAP. After that I promise to bring in your guy too, if the problem is not fixed or completely resolved. Anyway, let me look into it tomorrow and get back to you. ' Min On Oct 19,2013, at 9:38PM, Smith <gsmith92@gmail.com> wrote: thank you Min. Frankly, I would like a professional evaluation of what the smell is and what I have been breathing in for a year and a half. Kenny said all the building or board would cover is for a plumber to fix the problem - not to evaluate and test what it is. I would hope you and Len or the building would pay for the environmental evaluation, but just let me know whenever you and Len chat. Structurally, I think it is important that it get fixed properly as opposed to a band-aid being put on the problem. Appreciate you getting involved. I hope Len's trip goes well, and I hope you and the kids are doing well. Sincerely, On Sat, Oct 19,2013 at 9:27PM, Min <minkwon88@gmail.com> wrote:, Thank you for this and the proposal is very helpful to have. In fact, I had been wondering and waiting to hear from you, Kenny, Julia or Trisha about this, and spoke with Julia from the bldg management just last Friday, so very frustrated with their lazy attitude. Frankly Lenny is now on his way to Vietnam for a week of operations and I don't quite know what to do here. It's weekend anyway, lets wait till Monday. I hope to give you an answer after then. But Julia had promised me to investigate this too ASAP. Thanks for your patience. I'm very sorry this is happening! Min I On Oct 19,2013, at 1:48PM, Smith <gsmith92@gmail.com> wrote: 2

16 Hi Min and Len - Hope you are having a good weekend. Attached is the proposal for a professional firm to come in and get to the root cause of the problem. It is $1,450. As I have mentioned, I would very much like to understand what the problem has been and get a professional assessment, testing, and fixing of the problem. Kenny's proposal is that he will open the wall with a plumber and try to get to the bottom of it - I do not think this is sufficient given how many times I asked Kenny whether the smell could be coming through the walls and he said it was impossible. Before Kenny does this, I would like to understand what the problem actually is. I am guessing you would want to know the same thing, and also to know that the root of the problem will be fixed correctly. Would you be willing to cover the cost of this professional firm? Kenny mentioned that the board will not cover these costs. Thank you in advance for getting back to me quickly as I would like to get this done soon - given how strong the stench still is and that cold weather is approaching (and I will not be able to leave the window and door open). Speak to you soon and please give me a buzz if you want further details or to chat about this. Cheers Forwarded message From: Eric Houseknecht <e.houseknecht@aetinc.biz> Date: Tim, Oct 17,2013 at 3:53PM Subject: Fwd: Cost Proposal To: "gsmith92@.gmail.com" <gsmith92@gmail.com> Proposal attached for odor investigation. Eric Houseknecht Accredited Envirorunental Technologies, Inc. office (908) ; fax (908) mobile (908) e.houseknecht@aetinc. biz Sent from my iphone Begin forwarded message: Accredited Environmental Technologies, Inc. "Sustainable, On Time, On Budget, Envirorunental Services" 3

17 Remediation. Restoration. Demolition. Contracting. Consulting. Laboratory. 28 North Pennell Road, Media, P A Office: Fax: comorate@aetinc.biz Join Us On: Website Face book Linkedin Twitter 4

18 Begin forwarded message: From: Smith Subject: Re: environmental engineer Date: November 4, 2013 at 7:54:12 AM GMT +8 To: Min Kwon Hi Min and Len - it is a completely open sewage gas line no more than 4 feet from my computer. I have taken a lot of video and photos of it. Once the wall was opened the stench immediately filled the entire apartment and the engineer's poor air quality readings were off the charts. The environmental engineer, as well as Kenny and the building manager from Sessanta next door all confirmed that sewage gas from apartments above and below is being released unabated in to this apartment instead of being disspelled in to the atmosphere at the roof of the building. You are welcome to come and take a look. I would like to speak or meet with you or Len to talk about next steps. As you know, I have complained about this problem from the first week I moved in last June- and many times subsequently- to you and Len and the building. Hope to speak to you soon on phone or in person On Nov 2, 2013, at 11:44 PM, Min <minkwon88@gmail.com> wrote:, Haven't heard from you. Will you get the plumber in to fix the problem? What's the report from your guy? We are anxious to know! Min On Oct 28, 2013, at 3:06PM, Smith <gsmith92@gmail.com> wrote: 1

19 Hi Min and Len - fyi the envirorunental engineer got back to me and is coming in tomorrow morning at Sam- Tues 11/29. Just wanted to give you a heads up. Hope you had a good weekend. 2

20 Begin forwarded message: From: Smith Subject: Re: environmental engineer Date: November 4, 2013 at 9:23:27 PM GMT +8 To: Min Cc: Lenny Lee Hi Min - no I have not moved out - I have been spending the nights outside the apartment so I don't inhale the smell while sleeping. Yes you can give the building permission to fix it - but if they can please coordinate the timing with me On Nov 4, 2013, at 8:06AM, Min <minkwon88@gmail.com> wrote:, I heard from Lenny that you had moved out and that you've had medical conditions. I'm so sorry about all that. Since the bldg management so downplayed it, I was thinking that it will be helpful to get the official report from the engineer findings and also your hospital I doctor's visits. I didn't know that you had moved out. So can I tell Julie that the plumber should I can go into the apt. ASAP? Did Kenny know you moved out? Thanks, and take good care in the meanwhile, Min On Nov 3, 2013, at 6:54PM, Smith <gsmith92(@,gmail.com> wrote: 1

21 Hi Min and Len - it is a completely open sewage gas line no more than 4 feet from my computer. I have taken a lot of video and photos of it. Once the wall was opened the stench immediately filled the entire apartment and the engineer's poor air quality readings were off the charts. The environmental engineer, as well as Kenny and the building manager from Sessanta next door all confirmed that sewage gas from apartments above and below is being released unabated in to this apartment instead of being disspelled in to the atmosphere at the roof of the building. You are welcome to come and take a look. I would like to speak or meet with you or Len to talk about next steps. As you know, I have complained about this problem from the first week I moved in last June- and many times subsequently- to you and Len and the building. Hope to speak to you soon on phone or in person On Nov 2, 2013, at 11 :44 PM, Min <minkwon88@gmail.com> wrote:, Haven't heard from you. Will you get the plumber in to fix the problem? What's the report from your guy? We are anxious to know! Min On Oct 28, 2013, at 3:06PM, Smith <gsmith92(@,gmail.com> wrote: Hi Min and Len - fyi the environmental engineer got back to me and is coming in tomorrow morning at Sam- Tues 11/29. Just wanted to give you a heads up. Hope you had a good weekend. 2

22 Begin forwarded message: From: Smith Subject: open sewage gas line Date: November 4, 2013 at 8:31:30 AM GMT +8 To: Min Kwon Leonard Lee

23

24 3

25 Begin forwarded message: From: Smith Subject: Re: Smell Issue Date: October at 12:53:50 AM GMT+8 To: Julia Penny <JPenny@solstice.us.com> Cc: Min Kwon <RaveiConcerto@aol.com> I "leonardlee@gmail.com" <leonardlee@gmail.com> I Trisha Duval <tgduval@yahoo.com> Hi all-1 have been in touch with Min and will defer to her and Len for the arrangements Thanks for your help On Oct 21 I at 9:18AM, Julia Penny <JPenny@solstice.us.com> wrote: Min/, Can you please send me the scope of work from the contractor you've lined up. If they do get scheduled to do work in the building we will need their certificate of insurance. Did you have a date set with them already? Thanks, Julia Penny Property Manager Solstice Residential Group, LLC 257 Park Avenue South, suite 303 New York, NY (P) x307 1

26 On Oct 19, 2013, at 9:21 PM, "Min Kwon" wrote: Julia, Apparently, my tenant has also lined up someone to look into this issue. But it's very costly. He has been waiting far too long for the board or Kenny to take action. As I told you on the phone, this is very frustrating for all of us. has asked Kenny for help numerous times and then I contacted the board several weeks ago about this issue. Trisha spoke with you back then, as I understood. Please kindly expedite the process and keep me posted of the outcome. Thank you, Min Kwon 7C On Oct 18, 2013, at 1:27 PM, Julia Penny <JPenny@solstice.us.com> wrote: Dear Unit Owners, Kenny brought it to my attention that you are experiencing an offensive smell in your unit. We are happy to arrange a contractor/plumber to investigate this issue further should you wish. Of course, as the cause of such smell is unknown at this time, it is impossible to tell where the responsibility lays, whether with the unit owner or the building, however, again, we would be happy to assist in investigating this and we can discuss responsibility once the cause has been found. Please feel free to call me to discuss further, ext. 307 Thank you, JULIA PENNY 2

27 Begin forwarded message: From: Smith Subject: Re: kitchen and living room Date: October4, 2013 at 7:40:11 AM GMT+8 To: Min Kwon Cc: Leonard Lee Hey Min - thanks for your quick response. Kenny came and smelled it again yesterday afternoon and now he also believes it is coming from inside the wall at the back of the kitchen. He wanted me to Julie at the management company, as well as the board, but I said I would notify you and Len first, as I have no doubt that this is a structural issue that you would also want fixed. I told Kenny and Lesley that you and Len would send an to the board and building management. What is frustrating is how many times I have told Kenny about this and had him in to smell it and try to figure it out - and he couldn't have figured this out sooner. I figured this out by trial and error and searching on the internet and it would seem that a super should have thought of the risers and pipes in the wall as even a possibility. Anyway, now Kenny says he thinks it is most likely the problem. So the walls are probably going to have to be opened. To be honest- it hasn't been a mild problem- it is a very consistent one which I noticed from the first couple days I moved in. I believe I have mentioned it to you regularly. The way to mitigate it is to keep the windows open or the AC running but in a static environment without airflow, the smell is very strong and consistently there. The environmental engineer still hasn't gotten back to me with an appointment time, but will let you know as soon as I hear from them. Thanks so much for your help getting to the bottom of it - speak to you both soon On Oct 3, 2013, at 2:42AM, Min Kwon <RaveiConcerto@aol.com> wrote: Dear, 1

28 So sorry to hear of this. We will definitely look into it and get the board's help. Let us know what the environmental engineer says. Once after we moved in, there was a mild smell which we were told was coming from the dishwasher (which wasn't drying out water completely} and we had the Viking? Guy come and look. Other than that it really wasn't such a big problem. Other tenants have lived there very happily and, like you, have even wished to stay longer or return again. But from your letter it sounds like it has lately gotten really worse. Hate to think your health issue is related to that. I'm very sorry. Will let you know what the board advises and will try to come in one day too. Will call you, Min On Oct 2, 2013, at 12:54 PM, Smith <gsmith92@gmail.com> wrote: Hi Min and Len - an update on the smell issue - I would really appreciate you getting involved and contacting the board and management company. Please can you call me to discuss as soon as you are able to. Kenny continues to repeatedly tell me "he doesn't know and there is nothing he can do". He doesn't deny there is a foul smell and confirms that this was a known problem from the time you moved in, and you had even had plumbers come in to look at this, and he keeps pointing the finger back at you. I obviously was not made aware of this existing problem when I moved in. I now asked Kenny to find out from the building management company who an environmental engineer or professional to come and find the source of the problem would be. He said to me he has notified the board and building management and they "didn't know what to do or who to contact". This just doesn't seem like a fair answer. I did not believe it was coming from the dishwasher and a member of the building staff had once told me that he thought it was coming from flushing or sewerage lines above the apartment. I believed it was Kenny who told me this, but after mentioning this again to him as a hypothesis - he has now reverted back to his answer of "he doesn't know, and he has no hypothesis and the building management has been notified." I am not getting a sense of helpfulness or transparency from Kenny or anyone in the building. Over the last year I have had health issues with dizziness that I have seen 7 doctors over and I would like to rule out that this is what has been causing the problem. If it is not fixed I would like to look to move out asap. I believe the smell is emanating from inside the wall at the back of the kitchen - I took the light switch covers off and harsh smells of 2

29 damp sewerage come directly from the light switches. It literally fills up the entire living room to the point that guests can't sit in here unless the window is open. I have contacted an environmental engineer to come in and have a look and will let you know when this is done. Very much would appreciate your attention and help in getting to the bottom of this Thanks so much On Aug 15, 2013, at 7:29PM, Leonard Lee <leonardylee@gmail.com> wrote: sorry for the delay in getting back to you. We're doing some travelling at the moment. Yes we too would like to get together before summer's end. As far as the kitchen is concerned, feel free to get a second opinion. Most places are willing to give an opinion at no cost (our preference). However after having done some recent home improvements, I have little if any trust in the "CONTRACTOR TYPE", as they often mislead as to cost to trap you then get more money for a bigger job than intended etc. thanks Len On Aug 11,2013 3:43PM, " Smith" <gsmith92@gmail.com> wrote: Hi Min and Len, Hope you guys are doing well. Sorry to be a bug by bringing up an issue. As you know the smell that emanates from the kitchen at various times of day has not gone away and if anything I would say it has gotten stronger over time. I would like to arrange for someone to come in to test the air quality and possibly someone else to figure out what the source of the problem is. I want to make sure there is not some big underlying mold problem or other issue that we don't know about. Don't feel great breathing in such a strong smell when I don't know what the cause is. 3

30 I have spoken to Kenny about this many times but he doesn't have any answers. I wanted to check if you would be willing to take care of this or how you would suggest proceeding. I would be happy to look into who the right type of person would be to get in. but I wanted to see if you would be able to give this some thought. as I know the two of you would like to fix it as well. Thanks a lot and call anytime if you would like to discuss. I would also like to grab dinner when convenient for the two of you with the kiddies. Have a good week.