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BOCES Sues Landlord Of Cassadaga Site

Erie 2-Chautauqua-Cattaraugus BOCES is suing the owner of what BOCES terms is a substandard building for economic damages and to force maintenance to be done.

The suit was filed Tuesday in state Supreme Court in Mayville. BOCES is asking state Supreme Court Justice Grace Hanlon to force Blooming Maple Ventures LLC to comply with the lease between the two parties for 175 Maple Ave., Cassadaga. Blooming Maple Ventures LLC is based in Brooklyn and purchased the property May 2020.

BOCES signed a lease with Blooming Maple Ventures in June 2020 to use the Maple Avenue building for alternative educational programs and school activities at The Academy at Maple Avenue. The Cassadaga site is one of two alternative education sites operated by Erie 2-Chautauqua-Cattaraugus BOCES, with the other located in Orchard Park.

Attorney Mark Guglielmi of Webster Szanyi of Buffalo argues on BOCES’ behalf that the lease requires Blooming Maple to replace heating and cooling systems in the building at the landlord’s cost if the system deteriorates to the point it isn’t economical to repair.

“The current state of the HVAC system is such that it is no longer economical to repair and has failed on multiple occasions,” Guglielmi wrote in his complaint. “These failures of the HVAC system have caused damages to the plaintiff, including but not limited to closing school activities at the premises due to a lack of heat, the cost of maintenance, repairs and parts, and other economic damages resulting from defendant’s breach.”

BOCES is asking Hanlon to require Blooming Maple Ventures to compensate BOCES for damages, including the cost to replace the HVAC system, a rent abatement to compensate for the breach of contract, for Hanlon to require Blooming Maple Ventures to replace the HVAC system as BOCES says is required in the lease and attorneys fees and costs. BOCES si also asking Hanlon to establish the rights and obligations of BOCES and Blooming Maple Ventures and to grant BOCES attorneys fees and costs related to enforcement of the lease.

Guglielmi said in his filing that BOCES has told Blooming Maple Ventures of the HVAC issues and provided estimates to replace the system while BOCES has had inspections and preventative maintenance done as required by the lease.

“However, these minor repairs and maintenance are insufficient, not economical and not practical to keep the HVAC system in operation,” Guglielmi wrote.

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