Complaint Comparison Matrix¶
GUARDRAIL: STRATEGY -- CARRY-OVER INTEGRITY
Compares the three complaint instruments cause by cause and defendant by defendant so that no claim lane drops silently between them. Contents are drawn from the filed complaint (NYSCEF Doc No. 1), the never-filed draft, and the live claims architecture. Dispositions are organizational status marks, not legal conclusions; cause selection, elements, and pleading language are counsel's. Damages quantification lives in the damages volumes and is not restated here.
PART A -- Purpose¶
Three complaint instruments exist in this case. This page places them side by side so that every claim lane's path across the three -- carried, dropped, transformed, or newly added -- is visible in one matrix, and any lane that fell out between instruments is flagged rather than lost.
| Instrument | Status | Causes | Defendants | Breakdown |
|---|---|---|---|---|
| Sandercock Complaint (2021) | Filed March 16, 2021, Index No. 506171/2021 (NYSCEF Doc No. 1); answered June 2021; pending | 7 | American Package Co., Inc.; Martin Kofman | Filed (2021) |
| Ween & Kozek Complaint (2025) | Drafted May 2025; never filed | 8 as drafted (see Part E numbering note) | American Package Co., Inc. only | Draft (2025) |
| New action (August 2026 posture) | In drafting by counsel | Confirmed core: breach of the Stipulation; breach of the warranty of habitability; fraud on the completion certifications; declaratory and injunctive relief. Additional vehicles pending counsel's rule-in/rule-out | Counsel's determination; candidate additional defendants identified | Claims & Electables; PC-002; Fraud Claims Record Map |
PART B -- Cause-by-Cause Matrix¶
Columns show where each claim family appears in each instrument ("--" = not present). The Disposition column states the lane's path; the Reference column cites the claims-architecture row or binder module that carries it. W&K numbering below uses the sequential 1-8 convention of the Claims & Electables page; the as-drafted labels appear in Part E.
Provenance tags: S = filed Sandercock complaint (2021); K = Ween & Kozek draft (2025); S+K = both prior instruments; E = identified at the August 2026 claims architecture (neither prior instrument). The letter tags carry the meaning; the badge colors are reinforcement only.
| Claim family | Provenance | Filed 2021 | Draft 2025 | New action (Aug 2026) | Disposition | Reference |
|---|---|---|---|---|---|---|
| Breach of warranty of habitability (RPL 235-b) | S+K | 1st | 1st | Confirmed core | Carried through all three | Electables Part B row 1; PC-002 Part 2 |
| Breach of contract -- lease obligations | S | 2nd | -- | Candidate (A9, as breach of repair covenants) | Dropped at draft; restored as candidate August 2026 | Electables C.5 A9 |
| Breach of contract -- the Stipulation | K | -- (predates the June 2021 Stipulation) | 2nd | Confirmed core | Added at draft; carried | Electables Part B row 2; PC-002 Part 1 |
| Negligence (maintenance; flood and mold onset; remediation delay) | S | 3rd | -- | -- (Freeman-directed torts are the separate Electable 15) | Dropped at draft; no G21-directed successor identified -- open ruling | Filed (2021) breakdown; Electables C.2 row 15 for the Freeman track |
| Illegal rent / Loft Law legalization cluster | S+K | 4th (rent demand during displacement; fines; declaration of non-compliance) | 3rd, 4th, 5th (legalization contract, specific performance, legalization fraud) | Outside confirmed core -- carry-forward is an open ruling | Expanded at draft; open for the new action | Electables Part B rows 3-5; C.2 rows 1 and 5; Brown Vol 04 |
| Harassment (Admin Code 27-2005[d]) | S | 5th | -- | -- (administrative lane remains at the Loft Board) | Dropped at draft; administrative vehicle preserved separately | Electables C.2 rows 4 and 11; Red-OATH Vol 10 |
| Kofman individual liability / veil piercing | S | 6th (named defendant; exceeding scope of corporate office) | -- (Kofman removed as defendant) | Reinstatement candidate | Dropped at draft; restoration is Electable 14 | Electables C.2 row 14 and C.3 |
| Attorneys' fees | S+K | 7th (lease para. 19; RPL 234 reciprocity) | 8 | Fee provisions of record include Stipulation para. 7 | Carried | Electables Part B row 8 |
| Unjust enrichment -- insurance proceeds | K | -- | 6 | Status-flagged; the Verified Petition is in hand and the Stipulation ¶10 release-scope question is before counsel | Added at draft; carried with flag | Electables Part B row 6; Fraud Claims Record Map Count C |
| Fraud -- insurance misrepresentation | K | -- | 7 | Status-flagged; the Verified Petition is in hand and the Stipulation ¶10 release-scope question is before counsel | Added at draft; carried with flag | Electables Part B row 7; Fraud Claims Record Map Count C |
| Fraud -- false completion certifications | E | -- | -- | Confirmed core (events postdate the filed complaint) | Added August 2026 | Electables C.5 A1; Fraud Claims Record Map Count A; PC-002 Part 3A |
| Fraud -- scope bait-and-switch | E | -- | -- | Candidate | Added August 2026 | Electables C.5 A2; Fraud Claims Record Map Count B; PC-002 Part 3B |
| Declaratory judgment | S | Partial (4th-cause prayer: declaration of Loft Law non-compliance) | -- | Confirmed core (CPLR 3001; remediation-directed) | Subject differs across instruments; new-action form is counsel's | Electables C.5 A3; PC-002 Part 4 |
| Injunctive relief | K | -- | 4th (specific performance/permanent injunction, legalization-directed) | Confirmed core (remediation and restoration to the Unit) | Subject differs across instruments; new-action form is counsel's | Electables C.5 A4; PC-002 Part 4 |
| ALC-directed claims (entity; Kowalewski; Glass) | E | -- | -- | Candidate additional defendants | Added August 2026 | Electables C.5 A5; PC-002 Part 5 |
| Further August 2026 candidates (attorney deceit; constructive eviction; conversion of fixtures; punitive damages demand) | E | -- | -- | Candidates for rule-in/rule-out | Added August 2026 | Electables C.5 A6-A8, A10 |
PART C -- Defendants Across the Three Instruments¶
| Party | Filed 2021 | Draft 2025 | New action (Aug 2026) |
|---|---|---|---|
| American Package Co., Inc. | Defendant | Defendant | Presumptive defendant |
| Martin Kofman | Defendant (individually; 6th cause) | Removed | Reinstatement candidate (Electables C.2 row 14; C.3) |
| The ALC Group, LLC d/b/a ALC Environmental; Candice Kowalewski, MPH; Jack Glass, MS, CIH | -- | -- | Candidate additional defendants (Electables C.5 A5; PC-002 Part 5) |
PART D -- Lanes With No Current Successor (Flag List)¶
Distilled from Part B: the lanes present in a prior instrument with no confirmed home in the new-action core, each awaiting a ruling.
- Negligence (G21-directed) -- filed 2021 3rd cause; absent from the draft and the confirmed core.
- Illegal rent / legalization cluster -- filed 2021 4th cause, expanded to three causes in the draft; outside the confirmed core.
- Harassment (Admin Code 27-2005[d]) -- filed 2021 5th cause; absent from the draft; administrative vehicle preserved at the Loft Board.
- Kofman individual liability -- filed 2021 6th cause; removed at draft; reinstatement architected as Electable 14.
- Lease-breach contract claim -- filed 2021 2nd cause; absent from the draft; restored as candidate A9.
PART E -- Draft Numbering Note¶
The May 2025 draft labels its causes FIRST through SEVENTH but contains two causes labeled FIFTH (Fraud/Fraudulent Inducement -- Legalization; Unjust Enrichment), for eight causes in total. As drafted: FIRST Breach of Statutory Warranty of Habitability; SECOND Breach of Contract -- the Stipulation; THIRD Breach of Contract -- Legalization; FOURTH Specific Performance/Permanent Injunction; FIFTH Fraud/Fraudulent Inducement -- Legalization; FIFTH Unjust Enrichment; SIXTH Fraud/Fraudulent Inducement; SEVENTH Attorneys' Fees. This page and the Claims & Electables page number them sequentially 1-8. See also Purple A001, Part D.
PART F -- Cross-References¶
| Document | Function |
|---|---|
| Sandercock Complaint -- Filed (2021) | Fact-only breakdown of the filed complaint |
| Ween & Kozek Complaint -- Draft (2025) | Fact-only breakdown of the never-filed draft |
| Claims & Electables Architecture | Cause-to-proof mapping; electables matrix; August 2026 additions |
| Fraud Claims Record Map | The three candidate fraud counts with itemized record |
| PC-002 New Action Evidence Foundation | Record marshaled by cause for the new-action drafting |
END -- Complaint Comparison Matrix v1.6