Preview
= INDEX NO. 158574/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/19/2023
At the Supreme Court of the
State of New York at the
Court House located at 66 So
Centre Street, New York,
New York Motion ERS;
Part theréofav929 on
the )4liday of October 2023
PRESENT:
a JUDY H. KIM
J.S.C,
Honorable
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X Index No. SZ 514 {2023
PROJJAL DUTTA
Plaintiff, )
PROPOSED ORDER TO ||
SHOW CAUSE |
-against-
LISA SILVERSMITH a/k/a LISA FIEKOWSKY and veal
THE NEW YORK CITY
Defendants.
ssees==X
UPON. shestirmatiorot one RanExtaadnn shedniday. august 205, *sthidavit
of Projjal Dutta sworn to on Manet 3, 2023, the Affirmation of Emergency and Pursuant to Rule
202.7(f) by Reena Rani, Esq. dated Oct 18, 2023; together with the accompanying memorandum
of law in support of motion, and the exhibits annexed hereto, and the prior pleadings and
proceedings had herein;
So
LET, the Defendants show cause before this Court, at the Courthouse located at wo Centre
Street, New York, New York, Motion / AAS Part ~S Room32® on the 4 J day of
\w
0 Uv Qetober, 2023 at 0 Wrasck in the forenoon/afternoon of that day or as soon thereafter as
counsel can be heard why an Order should not be entered.
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= INDEX NO. 158574/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF 10/19/2023
WHY an order should not be made pursuant to CPLR 6301 and 6311, granting Plaintiff a
preliminary injunction enjoining the defendants and each of them, their agents, employees.
representatives and all persons acting individually or in concert with them during the pendency of
this action from
1) Restraining Defendant, The New York City and LISA SILVERSMITH a/k/a LISA
FIEKOWSKY from enforcing any demolition order with respect to the property, 451
Convent Avenue, New York, New York 10031; and
2) Ordering Defendant, LISA SILVERSMITH a/k/a LISA FIEKOWSKY or her agents
to take necessary steps to protect Plaintiff's property located at 453 Convent Avenue
New York, New York 10031 from any damage caused by lack of maintenance to
Defendant’s property, 451 Convent Avenue, New York, New York 10031
3) Staying and Vacating demolition order issued by the Defendant, The New York City
Department of Buildings with respect to Defendant LISA SILVERSMITH a/k/a
LISA FIEKOWSKY’s property located at 451 Convent Avenue, New York, New
York 10031
IT IS ORDERED that pending a hearing aad-determinaties-of Plaintiffs’ motion seekir g
preliminary and permanent injunction, Defendants, The New York City and LISA SILVERSMITH
¢- LISA FIEKOWSKY are temporarily restrained from enforcing any demolition order with
is respect to the property, 451 Convent Avenue, New York, New York 10031;
ae ORDERED THAT, pending the hearing andedeterminetion-of
this motion, the defendants
and each of them, their agents, employees, representatives and all persons acting individually or
\) in concert with them are enjoined pursuant to CPLR 6313, Defendant, LISA SILVERSMITH a/k/a
\ ySisa FIEKOWSKY or her agents shall take necessary steps to protect Plaintiff's property located
y?
eve
2 of 3
=: INDEX NO. 158574/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/19/2023
WS at 453 Convent Avenue, New York, New York 10031 from any damage
maintenance to Defendant’s property, 451 Convent Avenue, New York, New York 10031.
caused by lack of
Ay aay IT IS FURTHER ORDERED that sufficient cause being alleged, service of copies of this
7 os. yo!
order, all supporting papers which it is based upon be served on the Defendants by overnight mail
no later than October Ri, 2023 be deemed good and sufficient service;
IT IS FURTHER ORDERED, that answering papers, if any, must be delivered to Plaintiffs’
counsel so as to be received no later thanwol(a) days in advance of the return date of this motion
and any reply to the opposing papers shall be served on the return date of this motion.
INYER
ORAL ARGUMENT
NguC
4
HON. JUDYH. KIM
J.S.C.
3 of 3
Preview
= INDEX NO. 158574/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/19/2023 At the Supreme Court of the State of New York at the Court House located at 66 So Centre Street, New York, New York Motion ERS; Part theréofav929 on the )4liday of October 2023 PRESENT: a JUDY H. KIM J.S.C, Honorable SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No. SZ 514 {2023 PROJJAL DUTTA Plaintiff, ) PROPOSED ORDER TO || SHOW CAUSE | -against- LISA SILVERSMITH a/k/a LISA FIEKOWSKY and veal THE NEW YORK CITY Defendants. ssees==X UPON. shestirmatiorot one RanExtaadnn shedniday. august 205, *sthidavit of Projjal Dutta sworn to on Manet 3, 2023, the Affirmation of Emergency and Pursuant to Rule 202.7(f) by Reena Rani, Esq. dated Oct 18, 2023; together with the accompanying memorandum of law in support of motion, and the exhibits annexed hereto, and the prior pleadings and proceedings had herein; So LET, the Defendants show cause before this Court, at the Courthouse located at wo Centre Street, New York, New York, Motion / AAS Part ~S Room32® on the 4 J day of \w 0 Uv Qetober, 2023 at 0 Wrasck in the forenoon/afternoon of that day or as soon thereafter as counsel can be heard why an Order should not be entered. 1 of 3 = INDEX NO. 158574/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF 10/19/2023 WHY an order should not be made pursuant to CPLR 6301 and 6311, granting Plaintiff a preliminary injunction enjoining the defendants and each of them, their agents, employees. representatives and all persons acting individually or in concert with them during the pendency of this action from 1) Restraining Defendant, The New York City and LISA SILVERSMITH a/k/a LISA FIEKOWSKY from enforcing any demolition order with respect to the property, 451 Convent Avenue, New York, New York 10031; and 2) Ordering Defendant, LISA SILVERSMITH a/k/a LISA FIEKOWSKY or her agents to take necessary steps to protect Plaintiff's property located at 453 Convent Avenue New York, New York 10031 from any damage caused by lack of maintenance to Defendant’s property, 451 Convent Avenue, New York, New York 10031 3) Staying and Vacating demolition order issued by the Defendant, The New York City Department of Buildings with respect to Defendant LISA SILVERSMITH a/k/a LISA FIEKOWSKY’s property located at 451 Convent Avenue, New York, New York 10031 IT IS ORDERED that pending a hearing aad-determinaties-of Plaintiffs’ motion seekir g preliminary and permanent injunction, Defendants, The New York City and LISA SILVERSMITH ¢- LISA FIEKOWSKY are temporarily restrained from enforcing any demolition order with is respect to the property, 451 Convent Avenue, New York, New York 10031; ae ORDERED THAT, pending the hearing andedeterminetion-of this motion, the defendants and each of them, their agents, employees, representatives and all persons acting individually or \) in concert with them are enjoined pursuant to CPLR 6313, Defendant, LISA SILVERSMITH a/k/a \ ySisa FIEKOWSKY or her agents shall take necessary steps to protect Plaintiff's property located y? eve 2 of 3 =: INDEX NO. 158574/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/19/2023 WS at 453 Convent Avenue, New York, New York 10031 from any damage maintenance to Defendant’s property, 451 Convent Avenue, New York, New York 10031. caused by lack of Ay aay IT IS FURTHER ORDERED that sufficient cause being alleged, service of copies of this 7 os. yo! order, all supporting papers which it is based upon be served on the Defendants by overnight mail no later than October Ri, 2023 be deemed good and sufficient service; IT IS FURTHER ORDERED, that answering papers, if any, must be delivered to Plaintiffs’ counsel so as to be received no later thanwol(a) days in advance of the return date of this motion and any reply to the opposing papers shall be served on the return date of this motion. INYER ORAL ARGUMENT NguC 4 HON. JUDYH. KIM J.S.C. 3 of 3