On March 12, 2018 a
Motion-Secondary
was filed
involving a dispute between
Stahl Midtown Properties Llc,
and
49 Broadway Llc,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/12/2018 06:27 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------x
STAHL MIDTOWN PROPERTIES LLC, : Index No. 651160/2018
:
Plaintiff, :
: AFFIDAVIT OF
-against- : EMERGENCY AND COMPLIANCE
: PURSUANT TO SECTION 202.7(f)
49 BROADWAY LLC, : OF THE UNIFORM RULES
:
Defendant. :
---------------------------------------------------------------x
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
DAVID S. TANNENBAUM, being duly sworn, hereby deposes and says:
1. I am a member of the firm of Stern Tannenbaum 4 Bell LLP, attorneys for
("Plaintiff"
plaintiff Stahl Midtown Properties LLC or "Stahl") in this action. I respectfully
submit this affidavit in support of Plaintiff's motion for a temporary restraining order and a
("Defendant"
Yellowstone and/or preliminary injunction enjoining defendant 49 Broadway LLC
"Landlord" "Lease,"
or "Landlord") from terminating Stahl's commercial lease (the as described in greater
detail below) and commencing summary proceedings to remove Stahl from the leased premises
Cure,"
pursuant to alleged defaults set forth in a "Thirty (30) Day Notice to dated February 6,
Cure"
2018 (the "Notice to Cure"), but which was mailed by return receipt requested on February 14,
2018.
2. The facts on which this motion are based are set forth in the accompanying
affidavit of Matthew Lovallo sworn to March 9, 2018 ("Lovallo Affidavit"), and will not be
repeated here. The purpose of this affidavit is to explain why there is an urgent need for the
relief sought in Stahl's order to show cause.
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FILED: NEW YORK COUNTY CLERK 03/12/2018 06:27 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/12/2018
3. The Notice to Cure is predicated on ten (10) summonses, each of which appear to
have been issued by the New York City Department of Health and Mental Hygiene based on an
apparent site visit by one of its agents to the improved premises commonly known as 49
"Premises"
Broadway a/k/a 25 Trinity Place, New York, New York 10006 (the "Premises") in August 2017,
and one (1) New York City Department of Buildings violation, dated February 24, 2017,
stemming from a purported failure to file an annual boiler 2015 inspection report for the
Premises.
4. Stahl is the ground lessee under the Lease, and Defendant is the ground lessor.
The current term of the Lease runs through and including December 31, 2020.
5. As set forth in the Lovallo Affidavit, Stahl is not in default of the Lease.
Nevertheless, in the event a court were to rule otherwise, as also set forth in the Lovallo
Affidavit, Stahl is ready, willing and able to cure each and every default alleged in the Notice to
Cure.
6. Stahl has an immediate need for the relief itseeks - a temporary order
restraining
and a Yellowstone and/or preliminary injunction to preserve the status duo pending a hearing and
determination of the merits of the action - because Defendant has threatened possible
underlying
termination of the Lease if Stahl does not cure the alleged defaults on or before March 31, 2018.
Without this relief, Stahl may permanently lose itsvaluable leasehold rights in the Premises.
Further, a temporary restraining order is needed to prevent Defendant from mooting Stahl's
underlying motion for a Yellowstone injunction and/or preliminary injunction before this Court
has the opportunity to hear and determine the motion on the merits. I therefore respectfully
submit that, to prevent irreparable harm, a temporary restraining order should be issued.
2
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FILED: NEW YORK COUNTY CLERK 03/12/2018 06:27 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/12/2018
7. Pursuant to Section 202.7(f) of the Uniform Civil Rules and Rule 20 of the
Commercial Division Rules of New York County Supreme Court, on March 12, 2018 at 11:08
a.m., my office contacted Landlord by letter (sent via email with a cover letter and by hand) to
the attention of the entity and address on the Notice to Cure and to the signatory thereof, to
inform itthat Stahl would be moving by Order to Show Cause to seek a temporary restraining
order and a Yellowstone and/or preliminary injunction at 11:00 a.m. on March 13, 2018 in the
Commercial Division Support Office, Room 119A, 60 Centre Street, New York, New York
10007. A copy of the email and letterto Defendant are attached hereto as Exhibit A.
8. No prior request for this relief has been made.
DAVID S. TANNENBAUM
Sworn to before me this
12th
day of March, 2018
,/J
'~ ~"
i.( It~I
I Notary Public
|
ig FONT
JANICE M.
OF NEW YORK
NOTARY PUBLIC-STATE
No. Ol FO6122842
in Richmond scountv
County
Quotified g f
February 22, 2
Commission Expires
00066985.DOC
3
3 of 3
Document Filed Date
March 12, 2018
Case Filing Date
March 12, 2018
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 03/12/2018 06:27 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------x STAHL MIDTOWN PROPERTIES LLC, : Index No. 651160/2018 : Plaintiff, : : AFFIDAVIT OF -against- : EMERGENCY AND COMPLIANCE : PURSUANT TO SECTION 202.7(f) 49 BROADWAY LLC, : OF THE UNIFORM RULES : Defendant. : ---------------------------------------------------------------x STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) DAVID S. TANNENBAUM, being duly sworn, hereby deposes and says: 1. I am a member of the firm of Stern Tannenbaum 4 Bell LLP, attorneys for ("Plaintiff" plaintiff Stahl Midtown Properties LLC or "Stahl") in this action. I respectfully submit this affidavit in support of Plaintiff's motion for a temporary restraining order and a ("Defendant" Yellowstone and/or preliminary injunction enjoining defendant 49 Broadway LLC "Landlord" "Lease," or "Landlord") from terminating Stahl's commercial lease (the as described in greater detail below) and commencing summary proceedings to remove Stahl from the leased premises Cure," pursuant to alleged defaults set forth in a "Thirty (30) Day Notice to dated February 6, Cure" 2018 (the "Notice to Cure"), but which was mailed by return receipt requested on February 14, 2018. 2. The facts on which this motion are based are set forth in the accompanying affidavit of Matthew Lovallo sworn to March 9, 2018 ("Lovallo Affidavit"), and will not be repeated here. The purpose of this affidavit is to explain why there is an urgent need for the relief sought in Stahl's order to show cause. 1 of 3 FILED: NEW YORK COUNTY CLERK 03/12/2018 06:27 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/12/2018 3. The Notice to Cure is predicated on ten (10) summonses, each of which appear to have been issued by the New York City Department of Health and Mental Hygiene based on an apparent site visit by one of its agents to the improved premises commonly known as 49 "Premises" Broadway a/k/a 25 Trinity Place, New York, New York 10006 (the "Premises") in August 2017, and one (1) New York City Department of Buildings violation, dated February 24, 2017, stemming from a purported failure to file an annual boiler 2015 inspection report for the Premises. 4. Stahl is the ground lessee under the Lease, and Defendant is the ground lessor. The current term of the Lease runs through and including December 31, 2020. 5. As set forth in the Lovallo Affidavit, Stahl is not in default of the Lease. Nevertheless, in the event a court were to rule otherwise, as also set forth in the Lovallo Affidavit, Stahl is ready, willing and able to cure each and every default alleged in the Notice to Cure. 6. Stahl has an immediate need for the relief itseeks - a temporary order restraining and a Yellowstone and/or preliminary injunction to preserve the status duo pending a hearing and determination of the merits of the action - because Defendant has threatened possible underlying termination of the Lease if Stahl does not cure the alleged defaults on or before March 31, 2018. Without this relief, Stahl may permanently lose itsvaluable leasehold rights in the Premises. Further, a temporary restraining order is needed to prevent Defendant from mooting Stahl's underlying motion for a Yellowstone injunction and/or preliminary injunction before this Court has the opportunity to hear and determine the motion on the merits. I therefore respectfully submit that, to prevent irreparable harm, a temporary restraining order should be issued. 2 2 of 3 FILED: NEW YORK COUNTY CLERK 03/12/2018 06:27 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/12/2018 7. Pursuant to Section 202.7(f) of the Uniform Civil Rules and Rule 20 of the Commercial Division Rules of New York County Supreme Court, on March 12, 2018 at 11:08 a.m., my office contacted Landlord by letter (sent via email with a cover letter and by hand) to the attention of the entity and address on the Notice to Cure and to the signatory thereof, to inform itthat Stahl would be moving by Order to Show Cause to seek a temporary restraining order and a Yellowstone and/or preliminary injunction at 11:00 a.m. on March 13, 2018 in the Commercial Division Support Office, Room 119A, 60 Centre Street, New York, New York 10007. A copy of the email and letterto Defendant are attached hereto as Exhibit A. 8. No prior request for this relief has been made. DAVID S. TANNENBAUM Sworn to before me this 12th day of March, 2018 ,/J '~ ~" i.( It~I I Notary Public | ig FONT JANICE M. OF NEW YORK NOTARY PUBLIC-STATE No. Ol FO6122842 in Richmond scountv County Quotified g f February 22, 2 Commission Expires 00066985.DOC 3 3 of 3