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  • Property Service Associates Of Bklyn, Inc. v. Judy Steiner, Trustee of the Bernard Wolf Realty Trust u/w of Bernard Wolf dated May 29, 2009, Judy Steiner, As Executor of the Estate of Bernard Wolf, Judy Steiner , IndividuallyReal Property - Other (Enforce Lease) document preview
  • Property Service Associates Of Bklyn, Inc. v. Judy Steiner, Trustee of the Bernard Wolf Realty Trust u/w of Bernard Wolf dated May 29, 2009, Judy Steiner, As Executor of the Estate of Bernard Wolf, Judy Steiner , IndividuallyReal Property - Other (Enforce Lease) document preview
  • Property Service Associates Of Bklyn, Inc. v. Judy Steiner, Trustee of the Bernard Wolf Realty Trust u/w of Bernard Wolf dated May 29, 2009, Judy Steiner, As Executor of the Estate of Bernard Wolf, Judy Steiner , IndividuallyReal Property - Other (Enforce Lease) document preview
  • Property Service Associates Of Bklyn, Inc. v. Judy Steiner, Trustee of the Bernard Wolf Realty Trust u/w of Bernard Wolf dated May 29, 2009, Judy Steiner, As Executor of the Estate of Bernard Wolf, Judy Steiner , IndividuallyReal Property - Other (Enforce Lease) document preview
  • Property Service Associates Of Bklyn, Inc. v. Judy Steiner, Trustee of the Bernard Wolf Realty Trust u/w of Bernard Wolf dated May 29, 2009, Judy Steiner, As Executor of the Estate of Bernard Wolf, Judy Steiner , IndividuallyReal Property - Other (Enforce Lease) document preview
  • Property Service Associates Of Bklyn, Inc. v. Judy Steiner, Trustee of the Bernard Wolf Realty Trust u/w of Bernard Wolf dated May 29, 2009, Judy Steiner, As Executor of the Estate of Bernard Wolf, Judy Steiner , IndividuallyReal Property - Other (Enforce Lease) document preview
  • Property Service Associates Of Bklyn, Inc. v. Judy Steiner, Trustee of the Bernard Wolf Realty Trust u/w of Bernard Wolf dated May 29, 2009, Judy Steiner, As Executor of the Estate of Bernard Wolf, Judy Steiner , IndividuallyReal Property - Other (Enforce Lease) document preview
  • Property Service Associates Of Bklyn, Inc. v. Judy Steiner, Trustee of the Bernard Wolf Realty Trust u/w of Bernard Wolf dated May 29, 2009, Judy Steiner, As Executor of the Estate of Bernard Wolf, Judy Steiner , IndividuallyReal Property - Other (Enforce Lease) document preview
						
                                

Preview

At an IAS Part ____ of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse located at 360 Adams Street, Brooklyn, New York, on this ___ day of _______________ 2022. HON. _____________________________ J.S.C. ------------------------------------------------------------------X Index No. __________/2022 PROPERTY SERVICE ASSOCIATES OF Mot. Seq. No. 1 BKLYN, INC., Plaintiff, ORDER TO SHOW CAUSE -against- JUDY STEINER, TRUSTEE OF THE BERNARD WOLF REALTY TRUST U/W OF BERNARD WOLF DATED MAY 29, 2009, JUDY STEINER, AS EXECUTOR OF THE ESTATE OF BERNARD WOLF, AND JUDY STEINER, INDIVIDUALLY, Defendants. ------------------------------------------------------------------X UPON the reading and filing of the Affidavit in Support of Tony Safonte, sworn to the 23rd day of June 2022, the Affirmation of Emergency of Gary M. Trop, dated June 29, 2022 with Notice to Adversaries of Application for Temporary Restraining Order and Affirmation of Service thereof via email, the Affirmation in Support of Gail E. Spindler, dated June 29, 2022, the Summons dated June 23rd, 2022, the Complaint verified on the 23rd day of June, 2022, together with the exhibits annexed, including the letter from Defendant’s counsel dated March 9, 2022 advising that Defendants would not be honoring Plaintiff’s option to renew, and upon all the other papers and proceedings heretofore had herein, 1 LET Defendants or their attorneys, SHOW CAUSE at an IAS Part ____ of the Supreme Court of the State of New York, to be held at the Kings County Courthouse, located at Room ____, 360 Adams Street, Brooklyn, New York 11201 on the ____ day of __________________, 2022, at _______ o’clock in the forenoon/afternoon of that day, or as soon thereafter as counsel can be heard, WHY an Order should not be entered herein: (a) Staying and tolling the period of time within which Plaintiff, Property Service Associates of Bklyn, Inc. may be required and/or shall be permitted, pursuant to the commercial lease dated August 1, 2007, by and between Plaintiff, as tenant, and Defendant’s predecessor-in- interest, as landlord, (the “Lease”) covering premises known as and by Street No. 1908 86th Street, Brooklyn, New York and designated on the Tax Map of the County of Kings as Block 6372 Lot 49 (the “Demised Premises”) to cure or remedy any alleged default on its part under the Lease, or if the default complained of be of such nature that it cannot be completely cured or remedied within such period then to diligently commence such curing or remediation, pending determination of this motion or final determination of the action and for a period of not less than twenty (20) days after service of an Order with Notice of Entry determining the relief requested in this motion or after service of a Judgment with Notice of Entry determining the relief requested in the Summons and Verified Complaint filed in this action and that upon such curing or remediation same be deemed timely nunc pro tunc; and, (b) Preliminarily enjoining Defendants, its members, officers, employees, agents and attorneys from (i) renting to Premises to a thirty party (ii) serving any notice of cancellation or termination of the Lease upon Plaintiff; (iii) taking any other steps, directly or indirectly, to terminate the Lease, (iv) commencing or attempting to commence any action or proceeding to evict or eject Plaintiff from the Demised Premises, or any part or portion thereof, and (v) otherwise 2 interfering with and/or terminating Plaintiff’s tenancy or interfering with the use, occupancy or possession of the Demised Premises, or any part or portion thereof, by Plaintiff or any of Plaintiff’s subtenants, whether by commencement of summary or other proceedings to dispossess Plaintiff or its subtenants therefrom or otherwise, pending the final determination of this action and for a period of not less than twenty (20) days after service of an Order with Notice of Entry determining the relief requested in this motion or after service of a Judgment with Notice of Entry determining the relief requested in the Summons and Verified Complaint filed in this action; and, (c) Awarding to Plaintiff such other and further relief as the Court may deem just, proper and equitable. SUFFICIENT CAUSE BEING ALLEGED THEREFOR, it is further, ORDERED, that pending the hearing and determination of the within motion, Plaintiff’s time to cure the objections of the Defendants to Plaintiff’s right to exercise its option to renew under the Lease be deemed and is hereby tolled and stayed, and that Defendants be and are hereby (i) renting to Premises to a thirty party (ii) serving any notice of cancellation or termination of the Lease upon Plaintiff; (iii) taking any other steps, directly or indirectly, to terminate the Lease, (iv) commencing or attempting to commence any action or proceeding to evict or eject Plaintiff from the Demised Premises, or any part or portion thereof, and (v) otherwise interfering with and/or terminating Plaintiff’s tenancy or interfering with the use, occupancy or possession of the Demised Premises, or any part or portion thereof, by Plaintiff or any of Plaintiff’s subtenants, whether by commencement of summary or other proceedings to dispossess Plaintiff or its subtenants therefrom or otherwise, pending the final determination of this action and for a period of not less than twenty (20) days after service of an Order with Notice of Entry determining the relief requested in this motion and, it is further 3 ORDERED, that service under CPLR 308(5) of a copy of this Order to Show Cause and the papers on which it was granted, together with the Summons and Verified Complaint, upon counsel for the Defendants, Jonathan S. Feinsilver, P.C., 232 Madison Avenue, Suite 906, New York, New York 10016 by email to Jonathan@jsfeinsilverlaw.com, on or before the ____ day of July 2022, shall be deemed good and sufficient service thereof upon all defendants; and, it is further, ORDERED, that opposition papers, if any, shall be electronically filed on or before the____ day of __________________, 2022; and, it is further, ORDERED, that reply papers, if any, shall be electronically filed on or before the____ day of __________________, 2022. E N T E R: _________________________________ J.S.C. 4