White Tab 102 — Email to Counsel (Dec 2019–Jan 2020) — Contemporaneous Records of Pre‑Insurance Meeting & Early Response¶

GUARDRAIL: WHITE — FACT REPOSITORY ONLY

Facts & source pinpoints only. No strategy, no argument, no legal opinions. All quotations are "as reported" unless exact text appears in a cited source.

A) Purpose & Scope (facts‑only)¶

This tab preserves contemporaneous emails to counsel that document:

The post‑flood meeting with the landlord in late Nov / early Dec 2019; and
The January 21, 2020 follow‑up detailing adjuster activity, preliminary mitigation steps, and scope discussions.

Originals (PDF print of the Dec 3 message; native .eml for Jan 21) are included for date, header, and content authentication.

[Fact] These emails describe a buyout/relocation proposal ("take the insurance money and the buyout, move somewhere else") and early mitigation/adjuster activity. They do not identify Unit F1 by name, and they do not describe the condition of any specific alternative unit.

B) Entry WT‑102‑A — Email to Counsel Re: Meeting with Landlord (Dec 3, 2019)¶

File on this tab: Email_To_Eric_Sherman_Re_Meeting_with_Marty_Kaufman.pdf (PDF print)

Sender → Recipient: Christian Gray → Eric Sherman (Pryor Cashman)

Date (as shown): December 3, 2019 (time as per email print)

Subject (as printed): Re: Meeting with Marty Kaufman

Header note: PDF print does not display Message‑ID; native .eml requested from counsel for full RFC‑822 header (WT‑003 task).

B.1) Substance (facts‑only, email‑attributed)¶

[Fact] The email records, in substance, that:

The landlord stated that "damages would be covered by his insurance."
The landlord "asked [Christian] not to tell the insurance adjusters that [he] built the structures inside the apartment," with the rationale described in the email as to "simplify the process of getting the damages to the construction covered."
The landlord suggested that Christian should "take the insurance money and the buyout, move somewhere else."
Christian stated that the proposed buyout was too low as of that date.
Christian expressed a need to remain near his professional studio workspace for ongoing projects, rather than relocating far away.
The email describes the prior understanding reached during the landlord's permitting process: that Christian could make alterations to code, with architect sign‑off and a licensed/insured GC, after permits issued.

Representative excerpt (for orientation only; full text in PDF on this tab):

"My landlord is back from Israel and we met before Thanksgiving. He said that the damages would be covered by his insurance. He asked me not to tell the insurance adjusters that I built the structures inside the apartment…"

(Email print, Dec 3, 2019; see PDF on this tab.)

[Fact] The email does not mention Unit F1 by name, and it does not describe the condition (mold/leaks) of any specific alternative unit. It records a buyout/relocation proposal and Christian's contemporaneous objections (buyout amount; need to remain near the studio).

Bates (this tab assignment): 102‑001 (update if re‑print pagination changes)

C) Entry WT‑102‑B — Email to Counsel: Retainer & Status Update (Jan 21, 2020)¶

File on this tab: RE__Retainer_payment_and_signed_retainer_agreement_2020-01-22T06_57_55-05_00.eml (ORIGINAL .eml)

Sender → Recipient: Christian Gray <christiangray3@protonmail.com> → Eric Sherman <ESherman@pryorcashman.com>

Date (header): Tue, Jan 21, 2020 2:11 PM (as shown in thread body; full header preserved in .eml)

Subject: Retainer payment and signed retainer agreement

Message‑ID: (preserved in native .eml header on this tab)

C.1) Substance (facts‑only, email‑attributed)¶

[Fact] The email records, in substance, that:

Christian has signed the retainer agreement and transmitted the retainer payment.
Insurance inspection activity is summarized: multiple adjuster entries (dates as remembered in the email, including Nov 19, 2019 and Dec 11, 2019), led by Evan Katz (Power Adjustment Group) with subcontractor Total Restoration Inc. (Julian Rivera).
Mitigation steps observed are described, including:
Removal of approximately 2 feet of drywall around the space,
Operation of machines (HEPA/air movers/dehumidifiers) for a few days in mid‑December, and
Equipment and debris removed on Dec 16.
The adjuster team is reported to have specified remediation that included gut renovation of the three rooms that house the recording studio spaces.
The email records that decision‑makers framed that gut‑scope as being "for the insurance claim", while maintaining that actual work remained at the landlord's discretion.
The landlord's scope posture is described, including statements that he does not think the studio rooms need to be gut renovated, and that the gut spec was for insurance.
The landlord is reported as planning to "bring in his mold guy"; Christian states in the email that there is mold on multiple walls.
The email references DOB as an authority invoked by the landlord for scope determinations.
The landlord is reported to have raised alternate housing / buyout concepts and to have discussed whether Christian's construction would be recognized as tenant property for purposes of damages.

Representative excerpt (for orientation only; full text retained in native .eml):

"The team specified remediation… removing the bottom 2' of drywall… and calling for a gut renovation of the three rooms that house the recording studio spaces… They removed the 2' of drywall and ran the machines for a few days in mid‑December and… collected the equipment and demolition debris on the 16th of December."

[Fact] This email references mold conditions in G21 ("mold on multiple walls") and records that the landlord intended to bring in a mold contractor. It does not identify Unit F1, and it does not describe any specific alternative unit's condition.

Bates (this tab assignment): 102‑002 (if you later render a PDF from the .eml, update page count and Bates end as needed)

D) Cross‑References (White; facts‑only)¶

WT‑001 — Master Timeline: Add Dec 3, 2019 (email to counsel re landlord meeting / insurance / buyout discussion) and Jan 21, 2020 (retainer/status email) entries with header dates.
WT‑002 — Witness & Personnel Directory: Ensure entries for Evan Katz (Power Adjustment Group) and Julian Rivera (Total Restoration Inc.) reflect these appearances; note Violet Lauten as an alternate‑housing conduit (verbal) in connection with later F1 discussions.
WT‑105 — Alternative Housing (Unit F1, 100 Freeman St.): These emails are contemporaneous anchors for late‑2019 buyout/relocation discussions later associated with the alternative‑housing context. They do not themselves specify Unit F1 by name or describe its condition; F1‑specific facts (including mold/leak history and Christian's stated reasons for declining that unit) are documented in WT‑105 and related witness materials.
WT‑112 — ALC Pre‑Remediation Inspection & Photo Packet (Feb 7, 2020): These emails pre‑date ALC's first site inspection; they document pre‑ALC mitigation and scope positioning.
WT‑111 — July 2023 Re‑Flood Email Packet: Later re‑flood documentation; use for longitudinal comparison of conditions and scope history.

E) Source files & Bates index (this tab)¶

#	File (uploaded name)	Format	Pages*	Bates start–end	Contents summary
1	`Email_To_Eric_Sherman_Re_Meeting_with_Marty_Kaufman.pdf`	PDF print	1*	102‑001	Dec 3, 2019 counsel email memorializing landlord meeting; insurance coverage statement; request not to disclose tenant‑built structures; redesign/buyout context; Christian notes buyout is too low and that he needs to remain near his studio.
2	`RE__Retainer_payment_and_signed_retainer_agreement_2020-01-22T06_57_55-05_00.eml`	Native .eml	1*	102‑002	Jan 21, 2020 counsel email (retainer + status): adjuster entries (Evan Katz / Power Adjustment), 2' cuts, mid‑Dec machines, Dec 16 removal, gut‑spec for three studio rooms, landlord scope posture, and mold‑on‑walls reference in G21; mentions alternate housing/buyout concepts but no specific unit.
- Pagination reflects current artifacts on this tab. If you replace the .eml with a rendered PDF (or re‑print the Dec 3 email), update the Pages column and the Bates end value accordingly. Record any changes in WT‑003 ▸ version history.

Document Archive (placeholders to embed)¶

PDF: Email_To_Eric_Sherman_Re_Meeting_with_Marty_Kaufman.pdf

Email_To_Eric_Sherman_Re_Meeting_with_Marty_Kaufman.pdf

EML (native): RE__Retainer_payment_and_signed_retainer_agreement_2020-01-22T06_57_55-05_00.eml

RE__Retainer_payment_and_signed_retainer_agreement_2020-01-22T06_57_55-05_00.eml

White note: Keep the .eml on this tab (or a linked evidence subfolder) to preserve full headers (Date, From, To, Subject, Message‑ID) and any MIME structure.

F) Open items for WT‑003 (pinpoints & authentication)¶

Dec 3, 2019 — Native .eml: Obtain from counsel's archive (full RFC‑822 headers); capture Message‑ID, server‑side Received lines, and time stamps.
Exact times: If needed for timeline precision, extract header Date with timezone offset from both messages; mirror in WT‑001.
Attachment check: Confirm whether the Dec 3 email was a clean compose/reply and whether any attachments existed on either message (list in this tab if present).
Alternate‑housing conduit: Add Violet Lauten facts entry in WT‑105 as a verbal conduit for later F1 discussions (no written offer located to date).
Cross‑ref names/entities: Ensure Power Adjustment Group (Evan Katz) and Total Restoration Inc. (Julian Rivera) are indexed in WT‑002 with this appearance and roles.

END — White Tab 102 — Email to Counsel (Dec 2019–Jan 2020) — Contemporaneous Records of Pre‑Insurance Meeting & Early Response v1.3