Preview
At IAS Part of the Supreme
Court of the State of New York, held
in and for the County of New York,
at.
Street, New York, New York on the
day of » 2016.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CONFIDENCE BEAUTY SALON CORP.,
Index No.:
Plaintiff,
-against- ORDER TO SHOW CAUSE
299 THIRD SA, LLC, 299 Third SI, LLC, and 299
SMNA, LP,
Defendants,
UPON THE ANNEXED AFFIDAVIT OF GALINA PAKHOMOVA, sworn to the 1st
day of December, 2016, along with the exhibit s annexed thereto.
LET DEFENDANTS, AND/OR THEIR ATTORNEYS, OR OTHER APPROPRIATE
REPRESENTATIVES SHOW CAUSE before me or another Justice of this Court, at IAS Part
___, of the Supreme Court of the State of New York, as and for the County of New York, to be
held at the Courthouse thereof located at
Street, County, City and State of New
York, onthe day of , 2016, at in the noon of that day, or as soon
thereafter as counsel may be heard why an ORDER should not be made:
a. Enjoining, restraining or otherwise staying, during the pendency of this action, the
Defendants, 299 THIRD SA, LLC, 299 Third SI, LLC, and 299 SMNA, LP, their
attorneys, employees, agents, servants, or others acting on their behalf, from taking any
actions or steps to terminate the Plaintiff's lease dated May 9 , 2011 with a term ending
April 13, 2021.b. Finding that the Plaintiff is not in breach of the purported Notice to Cure and/or has not
violated a substantial obligation of its tenancy; and
c. In the alternative, if the Court finds that the Plaintiff is in violation of its lease as alleged
in the Notice to Cure , the Court shall grant Plaintiff additional time to cure said default.
d. Granting Plaintiff the right and ability to serve and file a reply brief to Defendant's
opposition in this matter.
e. Granting to the Plaintiff such other and further relief as this court deems just, proper,
equitable and appropriate under all of the circumstances herein.
It is further
ORDERED BY THIS COURT, that pending the hearing and determination of this
motion, that the time wherein which the Plaintiff may take actions to cure any alleged defaults
under the lease, which pursuant to the Notice to Cure is set to expire on December 5, 2016, be
and hereby are TOLLED, and no action may be taken by the Defendants in their capacity as
owners or landlords for the attempted termination of the Plaintiff’s lease/tenancy.
NOW, SUFFICIENT CAUSE HAVING BEEN ALLEGED AND APPEARING
THEREFOR, let personal service, in conformity with the requirements of the CPLR, of a copy of
the ORDER, and the papers upon which it was signed, including the Summons with Notice, upon
the Defendants, on or before the___day of , 2016, be deemed service food and
sufficient.
JS.C
Preview
At IAS Part of the Supreme Court of the State of New York, held in and for the County of New York, at. Street, New York, New York on the day of » 2016. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CONFIDENCE BEAUTY SALON CORP., Index No.: Plaintiff, -against- ORDER TO SHOW CAUSE 299 THIRD SA, LLC, 299 Third SI, LLC, and 299 SMNA, LP, Defendants, UPON THE ANNEXED AFFIDAVIT OF GALINA PAKHOMOVA, sworn to the 1st day of December, 2016, along with the exhibit s annexed thereto. LET DEFENDANTS, AND/OR THEIR ATTORNEYS, OR OTHER APPROPRIATE REPRESENTATIVES SHOW CAUSE before me or another Justice of this Court, at IAS Part ___, of the Supreme Court of the State of New York, as and for the County of New York, to be held at the Courthouse thereof located at Street, County, City and State of New York, onthe day of , 2016, at in the noon of that day, or as soon thereafter as counsel may be heard why an ORDER should not be made: a. Enjoining, restraining or otherwise staying, during the pendency of this action, the Defendants, 299 THIRD SA, LLC, 299 Third SI, LLC, and 299 SMNA, LP, their attorneys, employees, agents, servants, or others acting on their behalf, from taking any actions or steps to terminate the Plaintiff's lease dated May 9 , 2011 with a term ending April 13, 2021.b. Finding that the Plaintiff is not in breach of the purported Notice to Cure and/or has not violated a substantial obligation of its tenancy; and c. In the alternative, if the Court finds that the Plaintiff is in violation of its lease as alleged in the Notice to Cure , the Court shall grant Plaintiff additional time to cure said default. d. Granting Plaintiff the right and ability to serve and file a reply brief to Defendant's opposition in this matter. e. Granting to the Plaintiff such other and further relief as this court deems just, proper, equitable and appropriate under all of the circumstances herein. It is further ORDERED BY THIS COURT, that pending the hearing and determination of this motion, that the time wherein which the Plaintiff may take actions to cure any alleged defaults under the lease, which pursuant to the Notice to Cure is set to expire on December 5, 2016, be and hereby are TOLLED, and no action may be taken by the Defendants in their capacity as owners or landlords for the attempted termination of the Plaintiff’s lease/tenancy. NOW, SUFFICIENT CAUSE HAVING BEEN ALLEGED AND APPEARING THEREFOR, let personal service, in conformity with the requirements of the CPLR, of a copy of the ORDER, and the papers upon which it was signed, including the Summons with Notice, upon the Defendants, on or before the___day of , 2016, be deemed service food and sufficient. JS.C