Adam Leitman Bailey, P.C. Obtains a Preliminary Injunction and an Order of Contempt Against Holdover Licensees Illegally Using a New York City Apartment as a Single Room Occupancy Dwelling and for Short-Term Occupancy
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. BARBARA JAFFE
Justice
—X
1090 ST. NICHOLAS INVESTORS LLC,
Plaintiff,
PART
INDEX NO.
MOTION DATE
MOTION SEQ. NO.
IAS MOTION 12
153243/2021
001
– V –
MATEO HERNANDEZ, HUMBERTO ZAPATA, PATRICK WILLIAMS, VICTOR GRULLON, JOSE DOE, JOHN DOE,
JANE DOE
Defendants.
DECISION + ORDER ON MOTION
The following e-filed documents, listed by NYSCEF document number (Motion 001) 3-22, 42 were read on this motion to/for INJUNCTION/RESTRAINING ORDER
By order to show cause, submitted on default, plaintiff moves for an order preliminarily enjoining defendants from taking certain actions related to the premise at issue.
As the motion is meritorious, it is hereby ORDERED, that the motion is granted; and it is further ORDERED, that defendants Mateo Hernandez, Humberto Zapata, Patrick Williams, Victor Grullon, Jose Doe, and Jane Doe (and all persons known and unknown acting on their behalf, or in concert with them), are hereby preliminarily enjoined and restrained from illegally occupying and using or permitting the subject premises located at 1090 St. Nicholas Avenue, Apartment 52, New York, New York 10032 (“Premises”) to be used as a de facto, single room occupancy dwelling, or using the Premises for an illegal trade of business by subletting the Premises and installing transient occupants in the Premises on an illegal short-term basis (less than 30 days), collecting rent or use and occupancy for the Premises, or performing any unauthorized work, installations, and alterations in and to the Premises.
Entered Contempt Order_1090 52