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White Tab 119 -- TA Contemporaneous Notes -- September 2017 Narrative Statement Conference

Document: White Tab 119 -- TA Contemporaneous Notes -- September 2017 Narrative Statement Conference
Color: White | Icon: Paperclip | Version: v1.0 | Updated: 2026-03-31 | DocID: WT-119
Binder Volume: 07 | Binder Part: C -- Evidence Tabs (100-Series) | Binder Tab: 119
URL Slug: /vol07-white/ta-narrative-conference-notes-sept-2017/
Layer: 3 -- Volume Entry Page
Case: Christian Gray v. American Package Co., Inc. / Matter of Gray, OATH Index No. 22-1758
Purpose: Facts-only record of the September 6, 2017 Loft Board Narrative Statement Conference as documented in TA contemporaneous notes; authentication chain via Sandercock May 18, 2021 transmittal email; OATH filing status.

GUARDRAIL: WHITE -- FACT REPOSITORY ONLY

This document records what the TA contemporaneous notes contain, how they traveled to counsel, and where they have been filed. No legal argument or strategy. Interpretive significance belongs in Purple. Malpractice application belongs in Orange B003. OATH harassment integration belongs in Red-OATH B002 and B005.

PART A -- Document Overview and Source Characterization

A.1 What These Notes Are

These are TA contemporaneous notes taken during or immediately after the Loft Board Narrative Statement Conference held on September 6, 2017 at 226 Franklin Street, Brooklyn, NY. They were written by a TA member in real time and distributed to the TA group by email.

These notes are not official Loft Board minutes. The Loft Board maintains its own official conference record, which has not been obtained. The notes in this tab are the TA's own internal contemporaneous record of what occurred. That distinction is material to how the notes must be characterized and introduced. Sandercock's May 18, 2021 email refers to them as "minutes Heather took" -- that is Sandercock's informal characterization. The White section uses "TA contemporaneous notes" throughout.

Source format: Seven pages of phone screenshots of an Outlook email, captured from an Outlook.live.com browser session. The screenshots show the email in a mobile browser. The attachment file transmitted on May 18, 2021 is named "Minutes from Sept 2017 Narrative Statement Conference.pdf" (1.55 MB). That filename appears in the Sandercock transmittal chain and should not by itself be treated as an official Loft Board designation.

Conference date source: Alexandr Neratoff's architectural letter dated December 13, 2020 (filed as Exhibit B, same OATH proceeding) identifies this conference as "Loft Board Conference 09/06/17," confirming the date as September 6, 2017.

A.2 Note-Taker Identity

Margaret Sandercock's May 18, 2021 email to Gray states: "I would like to ask you to offer into evidence the minutes Heather took of the last narrative conference, which I got from Kate."

The notes identify Heather only by first name. The surname "Troy" is a working inference from other case context -- it is not confirmed by either the notes themselves or the Sandercock transmittal email. Any document outside of White that uses the full name "Heather Troy" must note that the surname requires independent verification.

A.3 Attendance Identifications

The notes list the following attendees by first name or role. Identifications in brackets are confirmed by Christian Gray (GX-80) and are not self-proving from the PDF alone:

Landlord / building side: Marty [Martin Kofman, landlord], Burden, Costa [Angelo Costa, Loft Board architect], Jessica [Jessica, architect]

Loft Board: Michael Bobick, identified in the notes as "Assistant General Counsel for the Loft Board acting as mediator"

TA attorney / professionals: Bob [confirmed by Christian Gray as Robert Petrucci, TA attorney], Arthur [identified by Christian Gray as the architect; surname requires independent confirmation beyond Gray's identification]

TA members: Christian [Gray], Lou, Cody, Kate (left early), Lauren / Andy, Erez, Alan, Ian, Sonya (late). Notes state: "Christian spoke for David May and Lou spoke for Kate."

PART B -- Conference Record

B.1 Date, Setting, Duration

Field Recorded Fact
Conference type Loft Board Narrative Statement Conference
Building 226 Franklin Street, Brooklyn, NY
Date September 6, 2017 (confirmed by Neratoff letter; consistent with internal 9/7 deadline reference)
Duration 3.5 hours
Mediator Michael Bobick, Assistant General Counsel for the Loft Board

B.2 Attendance (verbatim from notes)

"In attendance: Michael Bobick, Assistant General Counsel for the Loft Board acting as mediator, Marty, Burden, Costa, Jessica, Bob and Arthur. Christian, Lou, Cody, Kate (left early), Lauren / Andy, Erez, Alan, Ian, Sonya (late). Christian spoke for David May and Lou spoke for Kate."

PART C -- Key Recorded Facts

C.1 Mold and Leak Survey Routing

Recorded verbatim:

  • "If you have a mold or leak problem fill out this survey tonight. I need to send it to Petrucci Thursday, 9/7, by 10am."
  • "The Loft Board wasn't buying Marty's excuses for not hiring a licensed mold inspector, so they're going to schedule an appointment for us thru Petrucci for their Inspector, Sumeet Sood, to and test."
  • "If their inspector determines there is a mold or leak problem Marty 'will be responsible' for repairs."
  • "Costa tried to explain some mold causes might not be remedied until legalization repairs are made but the Loft Board understands tenants can't live with mold."
  • "We need to send an updated list to Bob tomorrow."

Summary of recorded facts: The Loft Board rejected Marty's position on mold inspection. The mold/leak survey responses were to be routed through Petrucci by 9/7. The Loft Board planned to schedule its own inspection through Petrucci using its inspector, Sumeet Sood. Marty's liability for repairs was stated as conditional on the inspector's findings. Petrucci was the coordination point for both the tenant survey collection and the Loft Board's own inspection scheduling.

Note on Sood findings: The notes document the planned inspection routing and the stated liability condition. They do not record what Sood subsequently found. That result is not in the current corpus. See FOIL note in Part F.

C.2 PAA Process -- Timeline and Professional Coordination

Recorded verbatim:

  • "The Loft Board will want the tenants and Marty to draft a PAA within 45 days after the plans are filed for objections (or cleared?)."
  • "Petrucci said we'd need their cleared plans for Arthur to draft our proposed PAA work for Marty, the Loft Board wasn't keen on that extra delay but understood the necessity."
  • "The specifics of how this will actually work will be in the timeline email the Loft Board will send us next."
  • "Jessica said she needs at least three weeks to adjust the NS and background plans in response to today's comments."
  • "Earlier in the meeting Jessica had said, 'once the background is done we'll shoot them over (to the DOB?) and then share with you'."
  • "Bobick will get back to all parties regarding a timeline of next steps in the next few days."

Summary of recorded facts: A 45-day PAA drafting window was established, to run after the plans were filed for DOB objections or cleared. Petrucci's stated role was that cleared plans were needed before the architect (identified by Gray as Arthur) could draft the tenants' proposed PAA work for Marty. The Loft Board acknowledged the additional delay but accepted it. A formal timeline email from the Loft Board was expected to follow.

C.3 Bobick's Enforcement Mechanism -- Landlord's PAA Commitment

Recorded verbatim:

  • "There was some discussion about how the tenants will hold Marty to make a PAA agreement once the plans are filed."
  • "Marty said he 'promised'."
  • "Bobick specifically said, he will 'put a hold on the project after certification until Marty comes to a signed PAA with the tenants (and lawyers)' - he will, 'hold Marty to his word' that this will get done by threatening to hold the project."

Summary of recorded facts: Before the Loft Board mediator, Marty stated he "promised" to execute a PAA once plans were filed. Bobick stated he would use a project-hold mechanism -- refusing to certify the project -- until Marty came to a signed PAA with the tenants and lawyers. Bobick stated he would hold Marty to his word through this hold threat. These statements were made in the presence of the TA, the landlord's representatives, and the Loft Board mediator.

C.4 NS Scope -- Baseline Language

Recorded verbatim:

  • "Some descriptions in the NS are meant to be read as 'baseline', or - not literally what will happen but the minimum goal that needs to be reached. This was specifically said in reference to venting existing windows but could apply to other things."
  • "All 'mezzanines' will hence forth be called 'platforms' for DOB approval."
  • "All fixed skylights will somehow be made operable. Details tbd."

Summary of recorded facts: At the conference, NS descriptions were characterized as stating a minimum baseline rather than a fixed ceiling. This was stated specifically regarding venting of existing windows and noted as potentially applicable to other items. Terminology for mezzanines was standardized to "platforms" for DOB purposes.

C.5 Additional Conference Notes

General Contractor: Marty stated he plans to hire a GC who will "meet with each tenant before each project to discuss the details." Questions about materials, locations, and minute details would be handled by the GC.

Electrical: "There will not be any electrical plans per say. Outlets will be standard and can be discussed with GC when work is being done."

Doors, fixtures, and salvage: Costa stated that existing doors, fixtures, etc. can be salvaged during demo. Tenants may ask the GC to reuse or reinstall. Existing deadbolts can be reinstalled when doors are flipped for ADA. Tenants may supply materials for tiles. GC will be ordering materials when work notice is sent.

Windows: Costa did not yet know how existing factory windows needing additional venting would be handled. A window contractor would be hired to consult on the best solution.

Mechanical plans: Jessica stated that after background plans are cleared of objections, mechanical plan details would be updated. "If a room will be demolished or added it's safe to assume a duct will be demolished or added." Units cannot have multiple thermostats; ducts can be adjusted per room.

Skylights -- safety screens: Costa committed to "send a diagram" explaining how wire mesh security screens for existing plain glass skylights would be installed (below the glass, above the handle, inside the opening, 4" gaps, to protect against broken skylights).

ADA: All public entrances on the 2nd floor (hallway doors) must be ADA compliant; interiors of units are not required to be.

Note-taker's closing observation: "Having neighbors represent missing tenants at the table was a helpful for Arthur and Costa."

PART D -- Authentication Chain and Companion Document

D.1 Sandercock May 18, 2021 Transmittal Email -- Source Document

Email chain facts (verbatim from PDF):

Margaret Sandercock to Christian Gray, May 18, 2021, 1:49 PM (Subject: Testimony for Phil Hubbard):

"I would like to ask you to offer into evidence the minutes Heather took of the last narrative conference, which I got from Kate."

"Elizabeth, please send Chris the minutes. Chris, in order to get them into evidence you will need to say they are part of TA records and that you were at the meeting and the minutes are a true and accurate summary of what transpired, and that they were retained by another TA member, Kate, who gave them to you and me recently."

"I would also like to ask you about the offered buyouts."

Elizabeth Sandercock to Margaret Sandercock and Christian Gray, May 18, 2021, 3:42 PM:

"The minutes from the narrative statement conference are attached."

Attachment: "Minutes from Sept 2017 Narrative Statement Conference.pdf" (1.55 MB)

D.2 Authentication Chain Summary

Step Person Action Date
1 Heather (first name; see A.2) Took contemporaneous notes at the September 6, 2017 conference Sep 6, 2017
2 Kate Retained the notes 2017-2021
3 Margaret Sandercock Received the notes from Kate ("recently," per email) Before May 18, 2021
4 Elizabeth Sandercock Transmitted the notes as PDF attachment to Gray May 18, 2021, 3:42 PM
5 Sandercock / Gray Notes available to both counsel and client from May 18, 2021 forward May 18, 2021 onward

D.3 Sandercock's Authentication Instructions Recorded in the May 18, 2021 Email

Sandercock's May 18, 2021 email provided specific authentication instructions for Gray to use at the Phil Hubbard access case hearing (scheduled for Friday, following the email):

  • Testify that the notes are "part of TA records"
  • Testify that Gray was at the meeting
  • Testify that "the minutes are a true and accurate summary of what transpired"
  • Testify that "they were retained by another TA member, Kate, who gave them to you and me recently"

Recorded fact: The May 18, 2021 email documents the authentication foundation Sandercock proposed that Gray use if offering the notes in the Phil Hubbard access matter. The email itself records Sandercock's characterization of the notes as TA records and records her description of the chain of custody then being asserted.

D.4 Context of the May 18, 2021 Email

The email was sent in connection with the access case for Phil Hubbard, scheduled for the following Friday at 9:30 AM. This is a separate access proceeding from the later 2022 American Package / Lockhart access case (OATH 22-1754). The May 18, 2021 email shows the notes were being prepared for evidentiary use in the Phil Hubbard matter. The current corpus does not yet confirm whether they were actually admitted there. See Part E.

PART E -- OATH Filing Status

E.1 Phil Hubbard Access Case (May 2021)

The notes were transmitted for evidentiary use in a Phil Hubbard access case proceeding in May 2021. OATH index number for that proceeding has not been confirmed in the current corpus.

Collection target: Obtain OATH index number and any transcript or decision from the Phil Hubbard access hearing. Confirm whether the notes were actually entered into evidence at that hearing.

E.2 American Package / Matter of Gray Consolidation Proceeding (July 2022)

The notes were filed as Exhibit A to Sandercock's July 6, 2022 Reply on Motion to Consolidate, submitted to ALJ Astrid Gloade:

  • Matter of American Package, OATH Index No. 22-1754 (access case, Lockhart / G12)
  • Matter of Gray, OATH Index No. 22-1758 (harassment case)

The July 6, 2022 filing contains the notes as phone screenshots and references them to support the argument that the landlord made an oral PAA agreement at the 2017 conference, which the access case would effectively moot if decided before the harassment case.

Status: Tribunal-filed. The notes are no longer internal TA correspondence only. They were placed before an OATH ALJ by the tenants' own counsel as evidentiary material in a live proceeding.

E.3 Documented Tribunal-Use Status

The current corpus documents two tribunal-use facts: (1) in May 2021 Sandercock sent Gray the notes with proposed authentication instructions for the Phil Hubbard access matter; and (2) in July 2022 Sandercock filed the notes as Exhibit A in the Lockhart / Matter of Gray consolidation proceeding. The current corpus confirms tribunal filing in July 2022. It does not yet confirm whether the notes were marked or admitted in the Phil Hubbard matter. See Orange B003 and Orange B001 for application outside White.

PART F -- Media, Collection, and FOIL Status

F.1 Media Assets

Asset Filename (WT-119 convention) Status
TA notes PDF (7 pp screenshots) WT-119_TA_Notes_Sept_2017_Narrative_Conference.pdf In hand; archive to vol07-white/media/
Sandercock transmittal email PDF WT-119_Sandercock_Transmittal_Auth_Instructions_20210518.pdf In hand; archive to vol07-white/media/

Note: The notes file exists in the current corpus as a standalone PDF and also as Exhibit A embedded in the July 6, 2022 OATH Reply filing. Both versions are in hand.

F.2 FOIL Target -- Official Loft Board Record

The official Loft Board record of the September 6, 2017 Narrative Statement Conference has not been obtained. The TA contemporaneous notes document what attendees observed and recorded; the official Loft Board record may contain additional detail, official action items, or Bobick's own correspondence following the conference.

FOIL targets (Decision 461): - Official record of September 6, 2017 Narrative Statement Conference - Bobick's post-conference timeline email referenced in the notes ("Bobick will get back to all parties regarding a timeline of next steps in the next few days") - Sumeet Sood inspection results, if any inspection occurred following the 9/7 survey routing - Any Loft Board correspondence with Petrucci following the conference

Alexandr Neratoff's December 13, 2020 architectural analysis letter (filed as Exhibit B, same July 6, 2022 OATH proceeding) independently states: "No 'PAA agreement' was entered into; I am not aware of any negotiations to resolve open issues and no actual PAA for such changes was filed at the Department of Buildings." This is a professional third-party observation regarding the same PAA process documented in these notes. Neratoff's letter is separate from WT-119 and is not part of these notes -- it is a distinct document referenced here for context. See Orange B003 for application.

PART G -- Witness Directory Notes

The following individuals appear in these notes and should be added to White Tab 002 Witness Directory (pending Task Tracker GX-81):

Michael Bobick -- Assistant General Counsel for the Loft Board; served as mediator at this conference; made the project-hold statement and confirmed Marty's PAA commitment on the record. Relevant to OATH proceedings and Orange B003.

Heather (first name only; surname to be confirmed independently) -- Note-taker; TA member at the September 6, 2017 conference; identified by Sandercock as "Heather" in the May 18, 2021 email. Further identity details require independent verification.

Sumeet Sood -- Identified in the notes as the Loft Board's inspector, planned to inspect through Petrucci if mold or leak conditions were at issue. Inspection routing is documented; findings are not yet in the current corpus.

PART H -- Cross-References

END — White Tab 119 -- TA Contemporaneous Notes -- September 2017 Narrative Statement Conference v1.0