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At IAS Part ___ of the Supreme Court of the State of
New York, held at the courthouse in and for the County
of New York, located at the Supreme Court building, 60
Centre Street, New York, New York 10007, on the
day of November 2014
PRESENT:
, Justice
- ng
TRIBECA DELICATESSEN, INC. d/b/a TRIBECA DELI
and SERGIO URENA,
ORDER TO SHOW CAUSE
Plaintiffs,
Preliminary Injunction
- against - Index No. 160 %M1/2014
IP MORTGAGE BORROWER, LLC and
WB/STELLAR IP OWNER, LLC
Defendants.
ween eee eee e nee nnnnnnnnnnnnnnnnneX
Upon the reading and filing of the annexed affidavit of SERGIO URENA, Principal and
President of Plaintiff TRIBECA DELICATESSEN, INC. d/b/a TRIBECA DELI, and
Plaintiff, sworn to on November Sf, 2014, the affirmation of Nathaniel Muller, the
Summons and Verified Complaint, the exhibits annexed hereto, and upon all prior
proceedings had herein,
LET the Defendant(s) or its Counsel show cause before this Court at IAS Part __,
Room ____, of the Supreme Court in and for the County of New York, located at 60
Centre Street, New York, NY 10007, on the __ day of November 2014, at 9:30 in the
forenoon of that day, or as soon thereafter as counsel can be heard, why an order should
not be made and entered:
OUR FILE NUMBER 11426.11. Restraining and enjoining the Defendants , their agents, attorneys and / or assigns,
from in any way commencing or pursuing any proceedings or taking any actions
to evict or cause the removal of the Plaintiff from the premises known as and
located at 368 /% Greenwich Street, New York, NY 10013, specifically staying the
Defendants from proceeding under L&T Index # 72497/2014 including without
limitation staying issuance and / or execution of any warrant of eviction; and
2. Restraining and enjoining the Defendants, their agents, attorneys and / or assigns
from in any way collection or charging additional rent in the form of real estate
tax escalation charges; and
3. Pursuant to CPLR § 602(b) staying L&T Index # 72497/2014 and transferring
said proceeding to this Court and consolidating it with this action in order for all
claims and counterclaims arising out of and related to the real estate tax escalation
charges to be adjudicated in one forum; and
4. Rescinding retroactively to the inception of the tenancy, Paragraph 48 of the
Lease Rider as relating to the real estate tax escalation charges on the grounds of
fraud, overreaching, unenforceability, and / or unconscionability, and issuing a
money judgment in favor of Plaintiff in the amount of all real estate tax escalation
charges paid since the inception of the tenancy, with treble and punitive damages;
or alternatively,
5. Reforming retroactively to the inception of the tenancy, Paragraph 48 of the Lease
Rider as relating to the real estate tax escalation charges on the grounds of fraud,
overreaching, unenforceability, unconscionability and / or unjust enrichment, and
issuing a money judgment in favor of Plaintiff in the amount of all real estate tax
884.2480escalation charges paid since the inception of the tenancy, with treble and punitive
damages; or alternatively,
6. issuing a money judgment in favor of Plaintiff in the amount of all real estate tax
escalation charges paid since the inception of the tenancy, with treble and punitive
damages, for breach of contract; and it is further
ORDERED, that pending the hearing of this motion, and until further Order of this
Court, the Defendants, their agents, employees, attorneys and / or assigns, or anyone
action in concert therewith, be there known or unknown, including without limitation any
Marshal of the City of New York, are hereby in all respects restrained and enjoined
from commencing or pursuing any proceeding, including without limitation under L&T
Index # 72497/2014, or taking any action to remove or evict Plaintiff from the store
premises, known as and located at 368 % Greenwich Street, New York, NY 10013,
including without limitation issuance and / or execution of any warrant of eviction; and it
is further
ORDERED, that pending the hearing of this motion, and until further Order of this
Court, the Defendants, their agents, employees, attorneys and / or assigns, or anyone
acting in concert therewith, be they known or unknown, are hereby in all respects,
restrained and enjoined from commencing or pursuing any proceeding to collect real
estate tax escalation charges for the subject premises, based upon a proportional share of
rental square footage that encompasses no less than twenty four (24) buildings, hundreds
of residential units and many commercial units.
ORDERED that sufficient cause appearing therefore, let service of a copy of this Order
884.2480and the papers upon which it is granted and the summons and complaint with the index
number and date of filing indorsed thereon by overnight delivery or personal service,
upon the Defendants counsel KOSSOFF, PLLC, 217 BROADWAY, SUITE 401,
NEW YORK, NEW YORK 10007 on or before November __, 2014, be deemed good
and sufficient service.
ENTER
884.2480
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At IAS Part ___ of the Supreme Court of the State of New York, held at the courthouse in and for the County of New York, located at the Supreme Court building, 60 Centre Street, New York, New York 10007, on the day of November 2014 PRESENT: , Justice - ng TRIBECA DELICATESSEN, INC. d/b/a TRIBECA DELI and SERGIO URENA, ORDER TO SHOW CAUSE Plaintiffs, Preliminary Injunction - against - Index No. 160 %M1/2014 IP MORTGAGE BORROWER, LLC and WB/STELLAR IP OWNER, LLC Defendants. ween eee eee e nee nnnnnnnnnnnnnnnnneX Upon the reading and filing of the annexed affidavit of SERGIO URENA, Principal and President of Plaintiff TRIBECA DELICATESSEN, INC. d/b/a TRIBECA DELI, and Plaintiff, sworn to on November Sf, 2014, the affirmation of Nathaniel Muller, the Summons and Verified Complaint, the exhibits annexed hereto, and upon all prior proceedings had herein, LET the Defendant(s) or its Counsel show cause before this Court at IAS Part __, Room ____, of the Supreme Court in and for the County of New York, located at 60 Centre Street, New York, NY 10007, on the __ day of November 2014, at 9:30 in the forenoon of that day, or as soon thereafter as counsel can be heard, why an order should not be made and entered: OUR FILE NUMBER 11426.11. Restraining and enjoining the Defendants , their agents, attorneys and / or assigns, from in any way commencing or pursuing any proceedings or taking any actions to evict or cause the removal of the Plaintiff from the premises known as and located at 368 /% Greenwich Street, New York, NY 10013, specifically staying the Defendants from proceeding under L&T Index # 72497/2014 including without limitation staying issuance and / or execution of any warrant of eviction; and 2. Restraining and enjoining the Defendants, their agents, attorneys and / or assigns from in any way collection or charging additional rent in the form of real estate tax escalation charges; and 3. Pursuant to CPLR § 602(b) staying L&T Index # 72497/2014 and transferring said proceeding to this Court and consolidating it with this action in order for all claims and counterclaims arising out of and related to the real estate tax escalation charges to be adjudicated in one forum; and 4. Rescinding retroactively to the inception of the tenancy, Paragraph 48 of the Lease Rider as relating to the real estate tax escalation charges on the grounds of fraud, overreaching, unenforceability, and / or unconscionability, and issuing a money judgment in favor of Plaintiff in the amount of all real estate tax escalation charges paid since the inception of the tenancy, with treble and punitive damages; or alternatively, 5. Reforming retroactively to the inception of the tenancy, Paragraph 48 of the Lease Rider as relating to the real estate tax escalation charges on the grounds of fraud, overreaching, unenforceability, unconscionability and / or unjust enrichment, and issuing a money judgment in favor of Plaintiff in the amount of all real estate tax 884.2480escalation charges paid since the inception of the tenancy, with treble and punitive damages; or alternatively, 6. issuing a money judgment in favor of Plaintiff in the amount of all real estate tax escalation charges paid since the inception of the tenancy, with treble and punitive damages, for breach of contract; and it is further ORDERED, that pending the hearing of this motion, and until further Order of this Court, the Defendants, their agents, employees, attorneys and / or assigns, or anyone action in concert therewith, be there known or unknown, including without limitation any Marshal of the City of New York, are hereby in all respects restrained and enjoined from commencing or pursuing any proceeding, including without limitation under L&T Index # 72497/2014, or taking any action to remove or evict Plaintiff from the store premises, known as and located at 368 % Greenwich Street, New York, NY 10013, including without limitation issuance and / or execution of any warrant of eviction; and it is further ORDERED, that pending the hearing of this motion, and until further Order of this Court, the Defendants, their agents, employees, attorneys and / or assigns, or anyone acting in concert therewith, be they known or unknown, are hereby in all respects, restrained and enjoined from commencing or pursuing any proceeding to collect real estate tax escalation charges for the subject premises, based upon a proportional share of rental square footage that encompasses no less than twenty four (24) buildings, hundreds of residential units and many commercial units. ORDERED that sufficient cause appearing therefore, let service of a copy of this Order 884.2480and the papers upon which it is granted and the summons and complaint with the index number and date of filing indorsed thereon by overnight delivery or personal service, upon the Defendants counsel KOSSOFF, PLLC, 217 BROADWAY, SUITE 401, NEW YORK, NEW YORK 10007 on or before November __, 2014, be deemed good and sufficient service. ENTER 884.2480