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Atan IAS Term, Part ____, of the
Supreme Court of the State of New
York, held in and for the County of
New York, at 60 Centre Street,
New York, New York, on the
day of February, 2014.
Present: Hon.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
HELEN SILLER, Index No.: 151313/2014
Plaintiff, ORDER TO SHOW CAUSE
-against-
THE THIRD BREVOORT CORPORATION,
Defendant.
Upon the annexed Emergency Affirmation of Stephen I. Siller, the Affidavits of Joanne
Gallo and Helen Siller, sworn to on February 16, 2014 and February 17, 2014, respectively, the
Verified Complaint, the accompanying Memorandum of Law and upon all the papers and
proceedings heretofore filed and had herein, it appearing that Plaintiff is or may be entitled to a
preliminary injunction or temporary restraining order, in either case pursuant to Civil Practice
Law and Rules (“CPLR”) § 6301 or 6313, in that plaintiff has demanded and would be
entitled to a judgment restraining the Defendant from the commission or continuance of an
act, which, if committed or continued during the pendency of this action, would produce
injury to the plaintiff in violation of plaintiff's rights regarding the subject matter of this action,
and it further appearing that Plaintiff has made no previous request for a provisional remedy in
this action;NOW, on the motion of Plaintiff, by her attorney, Stephen I. Siller, it is
ORDERED, that the Defendant show cause at an IAS Term, Part , of this Court to
be held at the courthouse thereof (room ), located at 60 Centre Street, New York, New
York, on the __ day of , 2014, at , 9:30 a.m., or as soon thereafter as
counsel can be heard, why an order should not be granted against the Defendant and all other
persons in active concert and participation with it temporarily, pending a final hearing and
determination of Plaintiff's motion for relief as set forth in the Complaint:
dd) Preliminarily enjoining the Defendant, either directly or indirectly, from
interfering with or refusing to allow Plaintiff to replace her washer/dryer that will connect to
Plaintiff's existing electrical outlets and gas, exhaust vent, water and drain connections, provided
Plaintiff delivers to Defendant in advance thereof an insurance certificate from Plaintiff’s
appliance retailer in form and substance which is the same or substantially the same as the
insurance certificates the same supplier delivered to Defendant when Defendant replaced one or
more air-conditioners in the past;
(2) Ordering that the requirement that Plaintiff post a bond be waived as long
as Plaintiff provides the aforesaid insurance certificate; and
(3) Awarding Plaintiff such other and further relief as the Court deems just
and reasonable; and it is further
ORDERED that pending the hearing and determination of Plaintiff's application to this
Court seeking permanent injunctive relief on all Claims set forth in the Complaint, the Defendant
and all other persons in active concert or participation with Defendant are hereby temporarily
restrained and enjoined from, in any manner, either directly or indirectly, either personally or
through another person or entity, interfering with or refusing to allow Plaintiff to replace herwasher/dryer that will connect to Plaintiffs existing electrical outlets and gas, exhaust vent,
water and drain connections, provided Plaintiff delivers to Defendant in advance thereof an
insurance certificate from Plaintiff's appliance retailer in form and substance which is the same
or substantially the same as the insurance certificates the same supplier delivered to Defendant
when Defendant replaced one or more air-conditioners in the past, and from interfering with such
delivery and installation; and it is further
ORDERED that service of a copy of this Order to Show Cause, together with a copy of
the papers upon which it is granted, shall be made on or before the ____ day of ;
2014 by hand delivering, faxing and/or e-mailing copies to: Ms. Brenda Ballison, Vice President
of Douglas Elliman Property Management, Agent for Defendant, at their office at 70 E. 10°
Street, street level office, New York, New York, 10003, and that such service shall be deemed
good and sufficient service thereof; and it is further
ORDERED, that responsive papers to Plaintiff's application, if any, shall be served so as
to be actually received by Plaintiff's counsel not less than ___ days before the return date of said
application. Reply papers, if any, shall be served so as to be received not less than ___ days
before the return date of said application, and shall be delivered by hand or email to Mr. Siller,
counsel to Plaintiff.
ENTER,
JSC.
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Atan IAS Term, Part ____, of the Supreme Court of the State of New York, held in and for the County of New York, at 60 Centre Street, New York, New York, on the day of February, 2014. Present: Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HELEN SILLER, Index No.: 151313/2014 Plaintiff, ORDER TO SHOW CAUSE -against- THE THIRD BREVOORT CORPORATION, Defendant. Upon the annexed Emergency Affirmation of Stephen I. Siller, the Affidavits of Joanne Gallo and Helen Siller, sworn to on February 16, 2014 and February 17, 2014, respectively, the Verified Complaint, the accompanying Memorandum of Law and upon all the papers and proceedings heretofore filed and had herein, it appearing that Plaintiff is or may be entitled to a preliminary injunction or temporary restraining order, in either case pursuant to Civil Practice Law and Rules (“CPLR”) § 6301 or 6313, in that plaintiff has demanded and would be entitled to a judgment restraining the Defendant from the commission or continuance of an act, which, if committed or continued during the pendency of this action, would produce injury to the plaintiff in violation of plaintiff's rights regarding the subject matter of this action, and it further appearing that Plaintiff has made no previous request for a provisional remedy in this action;NOW, on the motion of Plaintiff, by her attorney, Stephen I. Siller, it is ORDERED, that the Defendant show cause at an IAS Term, Part , of this Court to be held at the courthouse thereof (room ), located at 60 Centre Street, New York, New York, on the __ day of , 2014, at , 9:30 a.m., or as soon thereafter as counsel can be heard, why an order should not be granted against the Defendant and all other persons in active concert and participation with it temporarily, pending a final hearing and determination of Plaintiff's motion for relief as set forth in the Complaint: dd) Preliminarily enjoining the Defendant, either directly or indirectly, from interfering with or refusing to allow Plaintiff to replace her washer/dryer that will connect to Plaintiff's existing electrical outlets and gas, exhaust vent, water and drain connections, provided Plaintiff delivers to Defendant in advance thereof an insurance certificate from Plaintiff’s appliance retailer in form and substance which is the same or substantially the same as the insurance certificates the same supplier delivered to Defendant when Defendant replaced one or more air-conditioners in the past; (2) Ordering that the requirement that Plaintiff post a bond be waived as long as Plaintiff provides the aforesaid insurance certificate; and (3) Awarding Plaintiff such other and further relief as the Court deems just and reasonable; and it is further ORDERED that pending the hearing and determination of Plaintiff's application to this Court seeking permanent injunctive relief on all Claims set forth in the Complaint, the Defendant and all other persons in active concert or participation with Defendant are hereby temporarily restrained and enjoined from, in any manner, either directly or indirectly, either personally or through another person or entity, interfering with or refusing to allow Plaintiff to replace herwasher/dryer that will connect to Plaintiffs existing electrical outlets and gas, exhaust vent, water and drain connections, provided Plaintiff delivers to Defendant in advance thereof an insurance certificate from Plaintiff's appliance retailer in form and substance which is the same or substantially the same as the insurance certificates the same supplier delivered to Defendant when Defendant replaced one or more air-conditioners in the past, and from interfering with such delivery and installation; and it is further ORDERED that service of a copy of this Order to Show Cause, together with a copy of the papers upon which it is granted, shall be made on or before the ____ day of ; 2014 by hand delivering, faxing and/or e-mailing copies to: Ms. Brenda Ballison, Vice President of Douglas Elliman Property Management, Agent for Defendant, at their office at 70 E. 10° Street, street level office, New York, New York, 10003, and that such service shall be deemed good and sufficient service thereof; and it is further ORDERED, that responsive papers to Plaintiff's application, if any, shall be served so as to be actually received by Plaintiff's counsel not less than ___ days before the return date of said application. Reply papers, if any, shall be served so as to be received not less than ___ days before the return date of said application, and shall be delivered by hand or email to Mr. Siller, counsel to Plaintiff. ENTER, JSC.