Preview
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------X
GARVALL HARRISON BOOKER, JR., Index No.: 652327/2024
Plaintiff,
AFFIDAVIT IN SUPPORT
-against-
628 EAST 9 STREET HOUSING FUND
DEVELOPMENT CORPORATION,
Defendant.
-----------------------------------------------------------------------X
STATE OF MICHIGAN
SS.
COUNTY OF WASHTENAW
Garvall Harrison Booker, Jr. being duly sworn deposes and states:
1. I am the plaintiff in this action and I respectfully submit this affidavit in support of
an order to show cause seeking imposition of a temporary restraining order enjoining expiration
of the cure period contained in a notice to cure, which upon expiration could result in termination
of my proprietary lease.
2. I have been a good tenant and shareholder for decades. I have never caused a
nuisance.
3. As of the execution of this affidavit, I have no maintenance arrears.
4. I purchased shares in defendant on September 11, 1998, and on that day I was issued
Stock Certificate No. 31 and a proprietary lease was executed for 628 East 9th Street, 3B, New
York, NY (“Demised Premises”). I have happily resided in my apartment for decades.
5. This action involves subtenants occupying my apartment, their refusal to leave and
my inability to use self-help to evict them. I am also constrained by an inability to conclude a
landlord and tenant summary proceeding against them expeditiously, through no fault of my own.
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6. That I cannot effectuate a quick eviction has been terribly prejudicial to me, first
and foremost because I cannot return to my home!
7. My proprietary lease permits subletting without Board approval for a period not to
exceed three (3) months and for longer with Board approval, Exhibit “D” at paragraph 15. The
lease provision was then amended in 2023 to extend the permissive period to six (6) months and
up to two (2) years with Board approval, (Exhibit “D” also contains the proposed extension
amendment and in emails submitted separately the Board’s President advises that the proposed
amendment was approved).
8. I am a music performer and educator by training and trade.
9. The Covid-era shutdowns were devastating, for among obvious reasons, there were
no live performances and very limited education opportunities, including private lessons, which
ceased altogether.
10. During that time, it was very difficult to find work, and even more difficult to make
ends meet financially. But, like many others, especially resilient New Yorkers, I tried to pivot as
best as I could and sought to apply my education, training and experience in a wider geographic
area.
11. In or about the Spring of 2023, after weaving together several part-time and
temporary jobs, and as a result of flooding the market with my resume, and reaching out to every
contact that I had, I was offered a teaching position at Oz Music Environment in Ann Arbor,
Michigan.
12. Knowing full well that a position like this was a tremendous opportunity, especially
following the lean Covid-era years, I accepted the offer. I was aware that my cooperative permitted
sublets both permissive for the short term and then with approval for a longer period.
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13. On May 25, 2023, I noticed Derrick Alford, the Board’s President, and two other
Board members, that I would be travelling for work and that I would be subletting my apartment
to a couple who I believed would be good subtenants and respectful of my apartment and the
building and its tenants. I attached to my email a draft sublease for their review which was
prepared by my attorney and requested that the Board advise me “. . .what else you would need
from me to review and approve my request to sublet.” Please see email at Exhibit “E.”
14. I did not receive any objection from the Board.
15. At some point over the next couple of weeks I was advised that the subletting
provision of the proprietary lease was being amended and that a form application was being
created.
16. On or about June 15, 2023, subtenants moved into my apartment.
17. Throughout the summer of 2023, I repeatedly reached out to our Board President,
Derrick Alford, requesting information on the status of amendment and a copy of an application
form to seek approval. Each of my successive emails had a more dire request because I was
concerned that I would miss a deadline or other requirement. My inquiries demonstrate my due
diligence to comply with the terms of my lease and other cooperative documents.
18. Specifically, on August 7, 2023, I emailed Mr. Alford requesting information on
the new sublease policy, so that I could comply therewith; On August 11, 2023 Mr. Alford emailed
me apologizing for the delayed response and advised that the Board had not yet approved the
policy amendment; On August 25, 2023, I emailed Mr. Alford again this time with a sense of
urgency requesting an update and acknowledging that a deadline to comply was approaching; On
September 1, 2023, Mr. Alford emailed me that the Board “finally” approved amendment to the
subletting policy, and he forwarded the amendment to me and requested that I cast my vote as
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shareholder; On September 8, 2023, I emailed Mr. Alford and cast my vote in favor of the
amendment and requested to be advised when the amendment would be finalized, and once again
I requested that Mr. Alford provide me with the sublet application so that I could complete and
submit it- in that email I reiterated to Mr. Alford that time was of the essence; On September 18,
2023, I emailed Mr. Alford once again requesting the application form and once again requesting
an update since I received no response to my September 1, 2023 email; On September 18, 2023
Mr. Alford responded to my email and provided the application form. Please see email chain at
Exhibit “F.”
19. Unfortunately, shortly thereafter, my subtenants became difficult and I determined
that I did not wish to extend the subtenancy. Accordingly, I would not be submitting an application
for approval.
20. Rather I advised the subtenants that I did not intend to extend the subtenancy and
that they had to vacate. I also advised the Board of same, Exhibit “F.”
21. Unfortunately, the subtenants turned recalcitrant and advised me that they would
not voluntarily vacate. For the next few weeks, I tried to work out an agreement with the
subtenants whereby they would vacate and surrender possession to me without the need for judicial
intervention.
22. As it turns out, while it seemed at first that we could come to an agreement, the
subtenants were just trying to delay the inevitable.
23. At that point I knew that I could not simply change the locks or forcibly remove
them. I knew I would have to follow judicial procedure to enforce my rights.
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24. I retained Hertz, Cherson & Rosenthal, PC to represent me. Following retention,
my attorneys prepared a notice of termination, which I was advised is required by law, which was
served on the subtenants on November 28, 2023, Exhibit “G.” The termination advised the
subtenants that they were required to vacate and surrender possession on or before January 19,
2024.
25. While it was a huge disappointment, it came as no surprise, the subtenants did not
vacate or surrender. Rather, one of the subtenants emailed me that they would not vacate, that
they were aware of the housing court backlog and that they intended to use that to their advantage.
Exhibit “H.”
26. Following expiration of the notice of termination, at my direction, my attorney’s
commenced a Holdover Summary Proceeding, on January 29, 2024 seeking a judgment of
possession and a warrant of eviction, in an action in the Civil Court of the City of New York, New
York County entitled, Garvall Harrison Booker, Jr. v. John B. Arnold, et al., Index No. LT-
301832-24/NY (“Holdover Proceeding”). Exhibit “I.” Our first appearance was scheduled for
February 21, 2024.
27. In the meantime, on or about February 1, 2024, defendant purports to have served
a Notice to Cure "Notice" dated January 28, 2024, which alleges that I am in default of the lease
and that default must be cured within thirty (30) or on or before March 5, 2024, Exhibit “B.”
28. Pursuant to said Notice, defendant specifically acknowledged that I provided notice
of the sublet and that a three (3) month sublet was permissible (ignoring the amendment to six (6)
months permissively and two (2) years with permission), but alleged that the subtenants remain in
possession and that no application was submitted and approved by the Board for an extension
beyond the three (3) month period of September 15, 2023. The Notice advises that “continued
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occupancy of the subject Apartment by [the subtenants] is a violation. . .” of the proprietary lease’s
subletting and use provisions.
29. It is worth restating that in August and September of 2023, I repeatedly requested
that our Board President send to me the application form and that he advise me of the status of the
subletting amendment.
30. It is worth restating that the Board’s President failed and or refused to send the
application to me until September 18, 2023, which is three (3) days after the alleged date of default,
September 15, 2023, as set forth in the Notice.
31. Finally, it is worth restating that I advised the Board that I did not intend to extend
the subtenancy, I advised the Board that I asked the subtenants to vacate, I advised the Board that
the subtenant refused to vacate and I advised the Board that I was following legal procedure to
effectuate a lawful eviction.
32. Nonetheless, the Notice does not specify how the default is to be cured leaving me
to guess that curative measure could be submission of an application to extend the subtenancy or
removal of the subtenants. I do not want to extend the subtenancy, so submission of an application
is both infeasible and impossible. I cannot evict the subtenants myself and I am subject o the Civil
Court’s calendar, like every other litigant, and I cannot force the Court to bypass the law and its
own case-load to immediately conduct a trial of my case, decide the outcome and issue a judgment
and warrant today.
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33. Accordingly, my counsel contacted defendant’s counsel and together they
executed two stipulations extending the cure period once to April 4, 2024 then to May 10, 2024
based upon my commencement and prosecution of the Holdover Proceeding (Exhibit “B”). It
was obvious to all that I was doing everything within my power to regain possession of my
apartment.
34. Now, with no change in circumstance, and in between court dates, defendant has
refused to extend the cure period again, notwithstanding that I am doing everything within my
power to prosecute the Holdover Proceeding and dispossess the subtenants.
35. To date, the Holdover Proceeding has been on the Civil Court’s calendar on
February 21, 2023, April 1, 2024 and April 17, 2024.
36. On the afternoon of February 21, 2024 my attorneys notified me that the subtenants
appeared and requested an adjournment to retain counsel. My attorneys objected but explained that
since the case was “on for the first time” that an adjournment request of this type was always
granted.
37. My counsel advised that on the second court appearance on April 1, 2024, the
subtenants advised the court that they would not “find a lawyer to take the case” and that they
wanted another adjournment. I am advised that my counsel vehemently objected. The court
permitted one final adjournment but required the subtenants to file an answer on or before April
7, 2024, which they did on April 3, 2024. Subtenant’s prose answer is attached as Exhibit “J.”
They allege wild conspiracies, but they have no lease and they have no right to holdover in my
apartment.
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38. As set forth in my attorney’s affirmations, at the April 17, 2024 appearance, the
Holdover Proceeding was transferred from a “Resolution Part” to the “Trial Ready Part.” Judge
Eleanora Ofshtein, J.C.C. presided over the Trial Ready Part on April 17, 2024 and conferenced
the case with counsel for petitioner (plaintiff herein) and the subtenants.
39. I am advised that Judge Ofshtein heard from all sides, and then she reviewed the
petition with its supporting documents and the pro se answer. I am advised that Judge Ofshtein
advised the subtenants/respondents that they “had to go,” that they had no legal right to possession.
Thereupon, my attorneys called me from Court to ask about different settlement term options. We
spoke several times that day exploring different options.
40. Unfortunately, it was late afternoon by that time and my attorney called to advise
me that they would have to leave and come back on May 20, 2024 to try and resolve the case but
that the case was scheduled for a trial on July 3, 2024.
41. I cannot move the Summary Proceeding any faster, my attorneys have objected to
each request for an adjournment and have requested the first available adjourn dates each time.
42. I am incurring staggering debt because with subtenants’ occupancy I cannot move
home. I have had musical “gigs” in Manhattan and I have had to stay with friends, or in hotels,
because I cannot return home. The Demised Premises is my home, my domicile, my primary
residence and it has been for decades. Among other things, my car insurance lists New York and
I file taxes with my residence in New York (creating a rebuttable presumption of primary residency,
pursuant to my proprietary lease at paragraph 14(b), et seq.) Exhibit “K.”
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43. I will suffer irreparable injury if my lease is terminated, because, for many other
reasons, then the Board will seek to cancel, terminate and or auction my shares. Meanwhile, it is
the Board who failed to send me the required application until after the alleged default, despite my
previous and repeated requests. And, with actual knowledge that I do not want to extend the
subtenancy and that therefore there is no longer a need for application for approval, the Board
seeks to hold me in default and terminate my lease knowing full well the efforts I am making and
the extent that I am going to in order to effectuate a lawful eviction.
44. I’ve been a happy lessee and shareholder for decades, which is why I never sold
my shares. But, I believe the Board’s actions, inactions and unwillingness to extend the cure
period, when it already did so twice, knowing that I cannot litigate the case faster than I am,
demonstrates that in this instance at least, it has unclean hands.
45. Accordingly, it is respectfully prayed that this Court will sign the instant order to
show cause with the temporary restraining order so that I may continue to actively prosecute the
Holdover Proceeding without the danger of termination of my proprietary lease, after twenty-six
years.
46. No application for the relief sought herein has been made to this or any other Court.
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all Harrison Jr.
Booker,
Sworn to before me this
8th
day of May 2024
Notary Public TRAVIS GODDARD
NOTARY PUBLIC - STATE OF MICHIGAN
COUNTY OF OAKLAND
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Preview
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X GARVALL HARRISON BOOKER, JR., Index No.: 652327/2024 Plaintiff, AFFIDAVIT IN SUPPORT -against- 628 EAST 9 STREET HOUSING FUND DEVELOPMENT CORPORATION, Defendant. -----------------------------------------------------------------------X STATE OF MICHIGAN SS. COUNTY OF WASHTENAW Garvall Harrison Booker, Jr. being duly sworn deposes and states: 1. I am the plaintiff in this action and I respectfully submit this affidavit in support of an order to show cause seeking imposition of a temporary restraining order enjoining expiration of the cure period contained in a notice to cure, which upon expiration could result in termination of my proprietary lease. 2. I have been a good tenant and shareholder for decades. I have never caused a nuisance. 3. As of the execution of this affidavit, I have no maintenance arrears. 4. I purchased shares in defendant on September 11, 1998, and on that day I was issued Stock Certificate No. 31 and a proprietary lease was executed for 628 East 9th Street, 3B, New York, NY (“Demised Premises”). I have happily resided in my apartment for decades. 5. This action involves subtenants occupying my apartment, their refusal to leave and my inability to use self-help to evict them. I am also constrained by an inability to conclude a landlord and tenant summary proceeding against them expeditiously, through no fault of my own. 1 1 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024 6. That I cannot effectuate a quick eviction has been terribly prejudicial to me, first and foremost because I cannot return to my home! 7. My proprietary lease permits subletting without Board approval for a period not to exceed three (3) months and for longer with Board approval, Exhibit “D” at paragraph 15. The lease provision was then amended in 2023 to extend the permissive period to six (6) months and up to two (2) years with Board approval, (Exhibit “D” also contains the proposed extension amendment and in emails submitted separately the Board’s President advises that the proposed amendment was approved). 8. I am a music performer and educator by training and trade. 9. The Covid-era shutdowns were devastating, for among obvious reasons, there were no live performances and very limited education opportunities, including private lessons, which ceased altogether. 10. During that time, it was very difficult to find work, and even more difficult to make ends meet financially. But, like many others, especially resilient New Yorkers, I tried to pivot as best as I could and sought to apply my education, training and experience in a wider geographic area. 11. In or about the Spring of 2023, after weaving together several part-time and temporary jobs, and as a result of flooding the market with my resume, and reaching out to every contact that I had, I was offered a teaching position at Oz Music Environment in Ann Arbor, Michigan. 12. Knowing full well that a position like this was a tremendous opportunity, especially following the lean Covid-era years, I accepted the offer. I was aware that my cooperative permitted sublets both permissive for the short term and then with approval for a longer period. 2 2 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024 13. On May 25, 2023, I noticed Derrick Alford, the Board’s President, and two other Board members, that I would be travelling for work and that I would be subletting my apartment to a couple who I believed would be good subtenants and respectful of my apartment and the building and its tenants. I attached to my email a draft sublease for their review which was prepared by my attorney and requested that the Board advise me “. . .what else you would need from me to review and approve my request to sublet.” Please see email at Exhibit “E.” 14. I did not receive any objection from the Board. 15. At some point over the next couple of weeks I was advised that the subletting provision of the proprietary lease was being amended and that a form application was being created. 16. On or about June 15, 2023, subtenants moved into my apartment. 17. Throughout the summer of 2023, I repeatedly reached out to our Board President, Derrick Alford, requesting information on the status of amendment and a copy of an application form to seek approval. Each of my successive emails had a more dire request because I was concerned that I would miss a deadline or other requirement. My inquiries demonstrate my due diligence to comply with the terms of my lease and other cooperative documents. 18. Specifically, on August 7, 2023, I emailed Mr. Alford requesting information on the new sublease policy, so that I could comply therewith; On August 11, 2023 Mr. Alford emailed me apologizing for the delayed response and advised that the Board had not yet approved the policy amendment; On August 25, 2023, I emailed Mr. Alford again this time with a sense of urgency requesting an update and acknowledging that a deadline to comply was approaching; On September 1, 2023, Mr. Alford emailed me that the Board “finally” approved amendment to the subletting policy, and he forwarded the amendment to me and requested that I cast my vote as 3 3 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024 shareholder; On September 8, 2023, I emailed Mr. Alford and cast my vote in favor of the amendment and requested to be advised when the amendment would be finalized, and once again I requested that Mr. Alford provide me with the sublet application so that I could complete and submit it- in that email I reiterated to Mr. Alford that time was of the essence; On September 18, 2023, I emailed Mr. Alford once again requesting the application form and once again requesting an update since I received no response to my September 1, 2023 email; On September 18, 2023 Mr. Alford responded to my email and provided the application form. Please see email chain at Exhibit “F.” 19. Unfortunately, shortly thereafter, my subtenants became difficult and I determined that I did not wish to extend the subtenancy. Accordingly, I would not be submitting an application for approval. 20. Rather I advised the subtenants that I did not intend to extend the subtenancy and that they had to vacate. I also advised the Board of same, Exhibit “F.” 21. Unfortunately, the subtenants turned recalcitrant and advised me that they would not voluntarily vacate. For the next few weeks, I tried to work out an agreement with the subtenants whereby they would vacate and surrender possession to me without the need for judicial intervention. 22. As it turns out, while it seemed at first that we could come to an agreement, the subtenants were just trying to delay the inevitable. 23. At that point I knew that I could not simply change the locks or forcibly remove them. I knew I would have to follow judicial procedure to enforce my rights. 4 4 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024 24. I retained Hertz, Cherson & Rosenthal, PC to represent me. Following retention, my attorneys prepared a notice of termination, which I was advised is required by law, which was served on the subtenants on November 28, 2023, Exhibit “G.” The termination advised the subtenants that they were required to vacate and surrender possession on or before January 19, 2024. 25. While it was a huge disappointment, it came as no surprise, the subtenants did not vacate or surrender. Rather, one of the subtenants emailed me that they would not vacate, that they were aware of the housing court backlog and that they intended to use that to their advantage. Exhibit “H.” 26. Following expiration of the notice of termination, at my direction, my attorney’s commenced a Holdover Summary Proceeding, on January 29, 2024 seeking a judgment of possession and a warrant of eviction, in an action in the Civil Court of the City of New York, New York County entitled, Garvall Harrison Booker, Jr. v. John B. Arnold, et al., Index No. LT- 301832-24/NY (“Holdover Proceeding”). Exhibit “I.” Our first appearance was scheduled for February 21, 2024. 27. In the meantime, on or about February 1, 2024, defendant purports to have served a Notice to Cure "Notice" dated January 28, 2024, which alleges that I am in default of the lease and that default must be cured within thirty (30) or on or before March 5, 2024, Exhibit “B.” 28. Pursuant to said Notice, defendant specifically acknowledged that I provided notice of the sublet and that a three (3) month sublet was permissible (ignoring the amendment to six (6) months permissively and two (2) years with permission), but alleged that the subtenants remain in possession and that no application was submitted and approved by the Board for an extension beyond the three (3) month period of September 15, 2023. The Notice advises that “continued 5 5 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024 occupancy of the subject Apartment by [the subtenants] is a violation. . .” of the proprietary lease’s subletting and use provisions. 29. It is worth restating that in August and September of 2023, I repeatedly requested that our Board President send to me the application form and that he advise me of the status of the subletting amendment. 30. It is worth restating that the Board’s President failed and or refused to send the application to me until September 18, 2023, which is three (3) days after the alleged date of default, September 15, 2023, as set forth in the Notice. 31. Finally, it is worth restating that I advised the Board that I did not intend to extend the subtenancy, I advised the Board that I asked the subtenants to vacate, I advised the Board that the subtenant refused to vacate and I advised the Board that I was following legal procedure to effectuate a lawful eviction. 32. Nonetheless, the Notice does not specify how the default is to be cured leaving me to guess that curative measure could be submission of an application to extend the subtenancy or removal of the subtenants. I do not want to extend the subtenancy, so submission of an application is both infeasible and impossible. I cannot evict the subtenants myself and I am subject o the Civil Court’s calendar, like every other litigant, and I cannot force the Court to bypass the law and its own case-load to immediately conduct a trial of my case, decide the outcome and issue a judgment and warrant today. 6 6 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024 33. Accordingly, my counsel contacted defendant’s counsel and together they executed two stipulations extending the cure period once to April 4, 2024 then to May 10, 2024 based upon my commencement and prosecution of the Holdover Proceeding (Exhibit “B”). It was obvious to all that I was doing everything within my power to regain possession of my apartment. 34. Now, with no change in circumstance, and in between court dates, defendant has refused to extend the cure period again, notwithstanding that I am doing everything within my power to prosecute the Holdover Proceeding and dispossess the subtenants. 35. To date, the Holdover Proceeding has been on the Civil Court’s calendar on February 21, 2023, April 1, 2024 and April 17, 2024. 36. On the afternoon of February 21, 2024 my attorneys notified me that the subtenants appeared and requested an adjournment to retain counsel. My attorneys objected but explained that since the case was “on for the first time” that an adjournment request of this type was always granted. 37. My counsel advised that on the second court appearance on April 1, 2024, the subtenants advised the court that they would not “find a lawyer to take the case” and that they wanted another adjournment. I am advised that my counsel vehemently objected. The court permitted one final adjournment but required the subtenants to file an answer on or before April 7, 2024, which they did on April 3, 2024. Subtenant’s prose answer is attached as Exhibit “J.” They allege wild conspiracies, but they have no lease and they have no right to holdover in my apartment. 7 7 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024 38. As set forth in my attorney’s affirmations, at the April 17, 2024 appearance, the Holdover Proceeding was transferred from a “Resolution Part” to the “Trial Ready Part.” Judge Eleanora Ofshtein, J.C.C. presided over the Trial Ready Part on April 17, 2024 and conferenced the case with counsel for petitioner (plaintiff herein) and the subtenants. 39. I am advised that Judge Ofshtein heard from all sides, and then she reviewed the petition with its supporting documents and the pro se answer. I am advised that Judge Ofshtein advised the subtenants/respondents that they “had to go,” that they had no legal right to possession. Thereupon, my attorneys called me from Court to ask about different settlement term options. We spoke several times that day exploring different options. 40. Unfortunately, it was late afternoon by that time and my attorney called to advise me that they would have to leave and come back on May 20, 2024 to try and resolve the case but that the case was scheduled for a trial on July 3, 2024. 41. I cannot move the Summary Proceeding any faster, my attorneys have objected to each request for an adjournment and have requested the first available adjourn dates each time. 42. I am incurring staggering debt because with subtenants’ occupancy I cannot move home. I have had musical “gigs” in Manhattan and I have had to stay with friends, or in hotels, because I cannot return home. The Demised Premises is my home, my domicile, my primary residence and it has been for decades. Among other things, my car insurance lists New York and I file taxes with my residence in New York (creating a rebuttable presumption of primary residency, pursuant to my proprietary lease at paragraph 14(b), et seq.) Exhibit “K.” 8 8 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024 43. I will suffer irreparable injury if my lease is terminated, because, for many other reasons, then the Board will seek to cancel, terminate and or auction my shares. Meanwhile, it is the Board who failed to send me the required application until after the alleged default, despite my previous and repeated requests. And, with actual knowledge that I do not want to extend the subtenancy and that therefore there is no longer a need for application for approval, the Board seeks to hold me in default and terminate my lease knowing full well the efforts I am making and the extent that I am going to in order to effectuate a lawful eviction. 44. I’ve been a happy lessee and shareholder for decades, which is why I never sold my shares. But, I believe the Board’s actions, inactions and unwillingness to extend the cure period, when it already did so twice, knowing that I cannot litigate the case faster than I am, demonstrates that in this instance at least, it has unclean hands. 45. Accordingly, it is respectfully prayed that this Court will sign the instant order to show cause with the temporary restraining order so that I may continue to actively prosecute the Holdover Proceeding without the danger of termination of my proprietary lease, after twenty-six years. 46. No application for the relief sought herein has been made to this or any other Court. 9 9 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM INDEX NO. 652327/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/09/2024 all Harrison Jr. Booker, Sworn to before me this 8th day of May 2024 Notary Public TRAVIS GODDARD NOTARY PUBLIC - STATE OF MICHIGAN COUNTY OF OAKLAND 10 of 10