HP 6086/2020 -- NYSCEF Docket Analysis¶
GUARDRAIL: WHITE -- ORIENTATION & ROUTING
This page provides navigation and counsel-facing orientation for White Tab 117. It does not create new facts or analysis. Facts trace to WT-117 and the underlying NYSCEF filings.
PART A -- What This Document Is¶
White Tab 117 is a facts-only analysis of the complete NYSCEF docket for HP 6086/2020 (Christian Gray v. American Package Company Inc et al), the Housing Part B proceeding that produced the SO-ordered Stipulation of Settlement and the subsequent Motion to Restore.
The docket contains 34 substantive documents (of 38 total entries; Docs #33-36 are filing errors deleted from NYSCEF). WT-117 inventories every document, extracts the judicial history, maps the competing affidavit record, analyzes the Smith Decision, documents the failed appeal, and reconstructs the complete court date and adjournment chain.
Why it matters: This docket is the backbone of the stipulation compliance dispute. The affidavit record (Docs #17-23) contains competing scope-completion claims and subsequent correspondence bearing on their accuracy -- see WT-117 Part D for the full record. The Smith Decision denied the Motion to Restore on procedural grounds without reaching the merits, leaving the scope completion question unresolved. The appeal was dismissed for failure to perfect.
PART B -- Key Docket Entries¶
These are the most frequently referenced documents from the 34-entry docket. Counsel working any track of this case will encounter these repeatedly.
| Doc # | What It Is | Why It Matters | WT-117 Section |
|---|---|---|---|
| #10 | Stipulation of Settlement (SO-Ordered), Jun 29, 2021 | Court-ordered scope of work with 8 Glass margin comments (JG1-JG8); the controlling document for compliance disputes | Parts D, F |
| #11 | Notice of Motion (Motion to Restore), Jun 14, 2022 | Filed 10 months after Aug 2021 lab results; triggers the compliance litigation | Part H |
| #17 | Skaller Affirmation in Opposition, Jul 28, 2022 | Requests referral to Judge Stoller; argues scope completed; cites Bard v. Mautner-Glick | Parts C, D |
| #18 | Kowalewski Affidavit in Opposition, Jul 28, 2022 | Sworn claims of scope completion; reveals Glass-Kowalewski professional relationship (training certificate, p. 14) | Part D |
| #19 | Glass Affidavit in Opposition, Jul 28, 2022 | Sworn claims of scope completion; alleges Olmsted caused re-contamination | Part D |
| #21 | Bard v. Mautner-Glick Decision (Stoller), Jan 19, 2022 | Precedent cited by opposition; decided by Judge Stoller, whose referral was requested in Doc #17 | Part C |
| #22 | Sandercock Reply Affirmation, Aug 31, 2022 | Itemizes 11 specific scope items not completed (para 5a-k); describes "one-two shuffle" | Part D |
| #23 | Olmsted Reply Affidavit, Aug 31, 2022 | Sworn expert testimony curing evidentiary deficiency noted by opposition | Part D |
| #25 | Substitution of Attorney, Nov 15, 2022 | Ween & Kozek replaces Goodfarb & Sandercock as petitioner's counsel | Part I |
| #31 | Smith Decision/Order, Sep 29, 2023 | Denies Motion to Restore on procedural grounds; does not reach scope completion merits | Part E |
| #37 | Notice of Appeal, Oct 31, 2023 | Contains 3 independent references to "Hon. Remy Smith"; RATA form states decision was "based upon arguments never raised in opposition" | Parts C, E, G |
| #38 | Appellate Term Dismissal, Sep 23, 2024 | Appeal dismissed for failure to perfect; no extension granted | Part G |
PART C -- How Counsel Should Use This Document¶
WT-117 is a reference hub. Counsel should route from here to the appropriate specialized tab depending on the question at hand:
If your question is about stipulation compliance and whether the scope of work was completed: Start with WT-117 Part D (Affidavits and Rebuttal Record) for the competing sworn statements, then review WT-118 (Stipulation Compliance Timeline) for the chronological analysis of compliance events and deadlines.
If your question is about the stipulation itself (terms, paragraphs, scope of work): Start with WT-106B (Stipulation of Settlement) for the paragraph-by-paragraph facts-only summary, then WT-106 (Scope: Court-Ordered vs. Executed) for the detailed scope comparison.
If your question is about the scope of work and what was or was not completed: Start with WT-106 (Scope: Court-Ordered vs. Executed) and WT-108A (Mold Abatement Work Scope) for the technical scope details.
If your question is about the Smith Decision and its procedural reasoning: Go directly to WT-117 Part E (Decision on Motion to Restore) for the court's stated reasoning and what was not addressed.
If your question is about attorney conduct or malpractice implications: Route to Orange B001 (Sandercock Malpractice Framework) for the analytical framework. WT-117 provides the underlying docket facts; Orange provides the professional responsibility analysis.
If your question is about the release/vacatur strategy: Route to the Stipulation Release & Vacatur Strategy page for the strategic assessment of the stipulation's release language and vacatur options.
If your question is about the appeal and why it failed: Go to WT-117 Part G (Appeal Record) for the timeline from Notice of Appeal through Appellate Term dismissal for failure to perfect.
PART D -- Related Documents¶
| Document | Volume | What It Provides | Link |
|---|---|---|---|
| WT-106 -- G21 Scope: Court-Ordered vs. Executed | White Vol 07 | Detailed scope comparison with Glass margin comments | WT-106 |
| WT-106A -- SERVPRO Field Incident Video | White Vol 07 | Video documentation of 2023 field incident | WT-106A |
| WT-106B -- Stipulation of Settlement | White Vol 07 | Paragraph-by-paragraph facts-only summary of all 17 paragraphs | WT-106B |
| WT-107 -- Olmsted Mold Inspection Report | White Vol 07 | Baseline mold conditions (Jun 2020) | WT-107 |
| WT-108 -- ALC Post-Remediation Verification | White Vol 07 | PRV report claiming "clearance" (Aug 2021) | WT-108 |
| WT-108A -- Mold Abatement Work Scope | White Vol 07 | Technical scope of work details | WT-108A |
| WT-109 -- Olmsted Response to ALC | White Vol 07 | Post-PRV findings contradicting clearance | WT-109 |
| WT-110 -- Olmsted Follow-Up Scope | White Vol 07 | Additional scope items identified post-remediation | WT-110 |
| WT-118 -- Stipulation Compliance Timeline | White Vol 07 | Chronological compliance analysis with 29 source PDFs | WT-118 |
| WT-201 -- Evan Katz (Witness Profile) | White Vol 07 | Power Adjustment representative | WT-201 |
| WT-204 -- Edward Olmsted (Witness Profile) | White Vol 07 | Independent environmental expert | WT-204 |
| WT-205 -- Candice Kowalewski (Witness Profile) | White Vol 07 | ALC Environmental; affiant (Doc #18) | WT-205 |
| WT-206 -- Jack Glass (Witness Profile) | White Vol 07 | ALC Environmental; affiant (Doc #19); scope annotator (JG1-JG8) | WT-206 |
| Orange B001 -- Sandercock Malpractice Framework | Orange Vol 12 | Attorney malpractice analysis | Orange B001 |
| Stipulation Release & Vacatur Strategy | Orientation | Release risk and vacatur options | Strategy Page |
| Purple T2 -- Fraud Upon the Court Strategy | Purple Vol 08 | False affidavit strategic framework | Purple T2 |
PART E -- Source Archive¶
WT-117 includes a complete archive of all 34 NYSCEF documents as individually named PDFs in the media/ directory. Each file follows the naming convention WT-117_nyscef_doc_##_[descriptive_name].pdf. A master document list PDF is also included.
Counsel can access individual source documents through the download links in WT-117's Source PDF Downloads table, or retrieve the complete archive for offline review.
END -- HP 6086/2020 -- NYSCEF Docket Analysis Orientation v1.0