White Tab 106C — May 25, 2023 Hearing: On-Record Admission (Completion Affidavits) — Evidence Resource (Facts Only)¶

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. Strategic treatment lives in Purple.

A) Purpose (facts-only)¶

Authenticate and index the court audio recording of the May 25, 2023 appearance in Christian Gray v. American Package Co., Inc. (HP 6086/2020, Hon. Remy Smith, Civil Court of the City of New York, County of Kings), and pinpoint the on-record statement by respondent's counsel that the completion affidavits in respondent's possession are not accurate and that the stipulated remediation work was not completed. This tab also indexes a second on-record statement from the same appearance — the petitioner's-counsel release-of-claims / Loft Board-waiver statement (Section D.3).

Unit/matter context: G21 (97 Green Street side; same building footprint as 226 Franklin). The recording was obtained from the New York City Civil Court Audio Records office on a CIV-LT-90 request (Index LT-006086-20/Kl).

Scope note: This tab documents two on-record statements from the May 25, 2023 appearance: the respondent's-counsel completion-affidavit-inaccuracy statement (Section D.2) and the petitioner's-counsel release-of-claims / Loft Board-waiver statement (Section D.3). The separate August 14, 2020 recording (adjournment appearance; scope/wall anchor) is indexed on the binder audio-archive page, not here.

B) Appearance & Procedural Anchors (facts-only)¶

When (local)	What	Who	Where	Pinpoint
2023-05-25, scheduled 9:30 AM; called 10:01 AM	HP 6086/2020 appearance on the pending compliance motion; respondent's counsel states the completion affidavits are not accurate and the work was not completed; motion marked reserved, held two weeks	Hon. Remy Smith; respondent's counsel; petitioner's counsel	Civil Court, Kings — Part B / Room 409	106C-PIN-ADMISSION (audio ~12:08)
2023-03-21 (referenced on the record)	Prior site visit with experts; scope discussion; six or seven probes contemplated to investigate potential mold	Counsel; experts; SERVPRO; Christian Gray	G21	106C-PIN-0321

Participants (identification basis recorded):

Hon. Remy Smith — presiding (named on the CIV-LT-90 and in the recording).
Respondent's counsel — David Skaller (Belkin Burden Goldman), counsel of record for respondent American Package Co., Inc. Identification: addressed on the record by the court as "David"; surname rendered by the machine transcript as "Scholar / Scallop / Schuyler" and reconciled to Skaller, consistent with respondent's counsel of record and the Nov 3, 2022 correspondence of record (DSkaller@BBGLLP.COM; see WT-120A).
Petitioner's counsel — "Mike" / Kozek; states on the record that he became involved "in the fall" and was substituted for prior petitioner's counsel (Sandercock).

Procedural posture (as reported): the appearance concerned the pending Motion to Restore (Motion #1) regarding compliance with the so-ordered stipulation; the reply affidavit of E. Olmsted was referenced; the court marked the motion reserved and set a two-week hold pending the parties' negotiation of stipulation language.

Subsequent docket disposition (facts-only; see WT-117): the reserved motion was later denied on procedural grounds by Decision/Order of Hon. Remy Smith dated September 29, 2023 (NYSCEF Doc #31), which did not reach the question of whether the scope of work was completed; a Notice of Appeal was filed October 31, 2023 (Doc #37); and the Appellate Term dismissed the appeal for failure to perfect by order dated September 23, 2024 (Doc #38; Docket 2023-01216 KC). The May 25, 2023 statement recorded in Section D was made on the record before that disposition.

C) Source & Provenance / Custody Chain (facts-only)¶

Custody chain (origin → derivatives):

.wma original — produced by the NYC Civil Court Audio Records office in response to the CIV-LT-90 request; native FTR (For The Record) export. This file is the source of record.
.mp3 derivative — produced by importing the .wma into a third-party transcription tool (Plaud); 16 kHz mono re-encode. Used only as the input to the machine transcript. Duration identical to the .wma (no trimming).
Machine transcript / summary — auto-generated from the .mp3. Orientation-only; not relied upon as the source for the on-record statement. The statement wording in Section D is confirmed against the .wma original by the petitioner's listening.

FTR filename decode (both audio files): civkin = Civil Court, Kings County; ftr409 = FTR recording, Room 409; 20230525-1001 = 2023-05-25, recording start 10:01; session GUID 01d98eefe980ca80 is identical across the .wma and .mp3, confirming the .mp3 is an export of this .wma.

CIV-LT-90 request reconciliation: Index LT-006086-20/Kl; Control 006086/20; Judge Hon. Remy Smith; May 25, 2023, 9:30 AM, Part B / Room 409; clerk's handwritten on-record window 10:01:45 – 10:19:26. The recording (15:41) falls within that window; the appearance was called approximately 31 minutes after the calendar time. The request was a resubmission: a prior pull for this date returned an unrelated matter, and the corrected request specified the 9:30 AM Part B / Room 409 appearance, which produced this recording.

D) Audio Index & On-Record Statement (facts-only)¶

Storage note: The seven source files below are to be uploaded to vol07-white/media/ under the assigned WT-106C_ names in the "Deployed name" column. The [View] links in Section D.1.1 are pre-wired to those exact names and resolve once the files are uploaded. The .wma original (A-1) must be preserved natively (no recompression).

D.1 Audio & Source Assets¶

ID	Role	File (as received)	Deployed name (`media/`)	Container / Codec	Duration	MD5	SHA-256
A-1	Court original (source of record)	`_civkin-ftr409__20230525-1001_01d98eefe980ca80.wma`	`WT-106C_Audio_Original_civkin-ftr409_20230525.wma`	ASF / wmav2, 44.1 kHz stereo	941.06 s (15:41)	`9a82fcbd6470fed8fe4dc0dc5b51a7e9`	`4651546c6d60faae80edb11c6f439ce6fffc0b305161219b6262f4a242e27d95`
A-2	Transcription derivative (Plaud export)	`Hon__Remy_Smith_May_25__2023__civkin-ftr409__20230525-1001_01d98eefe980ca80.mp3`	`WT-106C_Audio_Derivative_Plaud_20230525.mp3`	MP3, 16 kHz mono	941.15 s (15:41)	`5675566c14bd536867d1dc91e5012a72`	`a991e0e5891c9d09bf29a9efc908836c1ab805ddce17c72a5d9bd0df746dac58`
T-1	Machine transcript (orientation)	`…01d98eefe980ca80-transcript.txt`	`WT-106C_Transcript_Machine_20230525.txt`	text	—	`b2a346a7920df4e1c04f798e8331afc0`	`1fcdd21e9fdac85b28b5634a7e2738e4730c61c1849ca79fb720bdc0075813d5`
S-1	Machine summary (orientation)	`…01d98eefe980ca80-Summary.txt`	`WT-106C_Summary_Machine_20230525.txt`	text	—	`5146144a4798669097d69d13b125219c`	`9838361c22d219ca3320a40d65b331cd7501705f962ffed1ca8e5515acc4e76b`
T-2	Reference transcript (names corrected; orientation)	— (derived 2026-06-17 from T-1 / A-1)	`WT-106C_Transcript_Reference_NamesCorrected_20230525.txt`	text	—	`e5d1912cc88b81bbe63698d0cf69725f`	`0145a3e13c1ed37cfb957a74bd18de1e8fa8b00c1fc752cfdfa5c0b406c8c7c6`
S-2	Reference summary (names corrected, de-editorialized; orientation)	— (derived 2026-06-17 from S-1)	`WT-106C_Summary_Reference_NamesCorrected_20230525.txt`	text	—	`dc5046c300c5f215f29bcb922527e5c9`	`c57ef38a2a2c0c216cd69f14c560fcb1eb12588d484f1fb4f24a8870a50c0736`
R-1	CIV-LT-90 audio request (resubmission)	`LT006086-20_for_5_25_23.pdf`	`WT-106C_CIV-LT-90_Audio_Request_Resubmission_20230525.pdf`	PDF	—	`448b9f2e170e18094c080177e397bd3e`	`c74f55ec609e749091da6225d23d8e5bc0a9c32b5b675eceef7736a645c5d171`

D.1.1 Media Links¶

A-1 — Court original (.wma, source of record): View
A-2 — Transcription derivative (.mp3): View
T-1 — Machine transcript: View
S-1 — Machine summary: View
T-2 — Reference transcript (names corrected): View
S-2 — Reference summary (names corrected): View
R-1 — CIV-LT-90 audio request (resubmission): View

D.2 On-Record Statement (as reported; confirmed against A-1)¶

At approximately 12:08 into the recording, respondent's counsel (David Skaller) stated, in substance and as confirmed against the .wma original:

that respondent acknowledges the stipulated work was not completed;
that "the affidavits that I have are not accurate," a fact counsel stated he found out "after the fact"; and
that respondent's client paid the vendor (SERVPRO) and an expert to perform the work pursuant to the scope of work, and "the work wasn't done."

Counsel further stated a willingness to stipulate that respondent did not comply with the stipulation and would perform the remaining work.

Source discipline note: The machine transcript (T-1) and summary (S-1) are orientation aids only; the names-corrected reference derivatives (T-2 transcript; S-2 summary) are the same Plaud output with proper names and speaker labels reconciled to the case record (and, for S-2, the application's editorial framing and task list removed), and are likewise orientation-only — the source of record remains A-1. The wording above is recorded as reported and is confirmed against the .wma original (A-1) by the petitioner's listening. The timecode pinpoint references the derivative .mp3 (A-2), which is identical in length to A-1.

D.3 Second On-Record Statement (Petitioner's Counsel — Release-of-Claims / Loft Board Linkage) (as reported; confirmed against A-1)¶

At approximately 06:56–08:16 into the recording, after the Court passed him the floor (approximately 05:54), petitioner's counsel (Michael Kozek) stated, in substance and as confirmed against the .wma original (A-1) by the petitioner's listening:

that the purpose of the motion was to determine compliance with the so-ordered stipulation, with a hearing and an order to complete the remaining work contemplated;
that the agreement contains "release of claims" language which the owner, "in a related case at the Loft Board regarding harassment," was asserting "waived any claims that my client could make with respect to harassment related to this work"; and
that petitioner did not believe the release language was meant to apply to that other matter, and that, even if it was, "that waiver was based upon the consideration provided for in the settlement," and "that consideration was never provided."

The Court characterized this posture as seeking a "global resolution" (approximately 08:16). Respondent's counsel (David Skaller) then stated he was "blindsided," that petitioner's counsel "has never said anything about a global settlement," and that nothing had been discussed "beyond trying to finish the work in the apartment" (approximately 10:56). The Court stated it did not "particularly like that style of chess" (approximately 11:17). Petitioner's counsel later stated he "didn't mean to sandbag" respondent's counsel (approximately 14:50).

Attribution note (facts-only): the "global resolution" / "global settlement" characterization originated with the Court and respondent's counsel, not with petitioner's counsel, who raised the release-of-claims / Loft Board-waiver point. Timecodes reference A-2 (identical in length to A-1). Wording is recorded as reported and is confirmed against the .wma original (A-1) by the petitioner's listening; the machine transcript (T-1) and the names-corrected reference transcript (T-2) are orientation-only.

E) Relationship to Other White Tabs (facts-only)¶

WT-106 — G21 Scope: Court-Ordered vs. Executed: documents the court-ordered remediation scope versus what was reported executed; the May 25, 2023 statement bears on the completion question recorded there.
WT-106A — SERVPRO Field Incident Video: documents the 2023-07-13 G21 field incident; same vendor (SERVPRO) referenced in this appearance.
WT-106B — Stipulation of Settlement (HP 6086/2020): the source stipulation whose completion is the subject of the May 25, 2023 statement.
WT-107 — Olmsted Mold Inspection Report and the Olmsted reply affidavit: referenced on the record at this appearance regarding what was not completed.
WT-117 — HP 6086/2020 NYSCEF Docket Analysis: the docket chronology; records the September 29, 2023 procedural denial of the reserved Motion to Restore (Doc #31), the October 31, 2023 Notice of Appeal (Doc #37), and the September 23, 2024 Appellate Term dismissal for failure to perfect (Doc #38).
WT-118 — Stipulation Compliance Timeline Analysis: the compliance chronology into which this appearance fits.
WT-120A — Skaller Proposed New Stipulation (Revised Scope / Affidavit Withdrawal), Nov 3, 2022: the separate, written proposal of record. Two-artifact distinction: WT-120A is the written instrument (dated Nov 3, 2022; framed for settlement purposes; does not state the affidavits are "not accurate"); this tab (106C) is the oral, on-record statement of May 25, 2023 in which counsel states the affidavits are not accurate. The two are distinct records and are not to be conflated.

Strategic treatment (the significance of the statement for any claim or motion) lives in Purple and is not stated here.

F) Bates Plan (mechanical)¶

Prefix: G21-106C-[6-digit]

Audio A-1 (.wma original) container report + custody sheet → G21-106C-000001+
Audio A-2 (.mp3 derivative) + transcript/summary derivatives → G21-106C-000100+
CIV-LT-90 request (R-1) → G21-106C-000200+
Hash manifest (CSV) → G21-106C-000400+

G) ESI / Media Handling Protocol (facts-only)¶

Preserve natives: retain the original .wma; no recompression of the source of record.
Hashing: compute MD5 + SHA-256 for every file; store in the hash manifest (CSV).
Container report: record FTR filename decode (court / room / date-time / session GUID), container/codec, sample rate, channels, duration.
Derivative log: record the .wma → .mp3 export step and the transcript/summary generation as derivative-handling, flagged orientation-only.
Chain-of-custody: complete form documenting the Audio Records source and handoffs.

H) Verification Status (facts-only)¶

Source provenance: .wma obtained from NYC Civil Court Audio Records on the CIV-LT-90 resubmission; FTR decode and CIV-LT-90 reconciliation COMPLETE.
Right-matter confirmation: COMPLETE — FTR room/date/time and session GUID reconcile to the CIV-LT-90; recording ends as the next matter is called; no unrelated-matter markers.
Statement wording (D.2 — respondent's counsel): CONFIRMED against the .wma original by the petitioner's listening; machine transcript/summary orientation-only.
Second statement (D.3 — petitioner's counsel): CONFIRMED against the .wma original by the petitioner's listening (approximately 06:56–08:16, with related exchanges at approximately 10:56 and 11:17); machine transcript/summary orientation-only.
Speaker identity (respondent's counsel): CONFIRMED — David Skaller (Belkin Burden Goldman), counsel of record for respondent American Package Co., Inc.
Media links: source files named and links pre-wired (Section D.1 / D.1.1); links resolve once the seven files are uploaded to vol07-white/media/ under the assigned WT-106C_ names.

END — White Tab 106C — May 25, 2023 Hearing: On-Record Admission (Completion Affidavits) — Evidence Resource (Facts Only) v1.2