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FILED: NEW YORK COUNTY CLERK 11/04/2022 05:50 PM INDEX NO. 159504/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/04/2022
60 East 42nd Street, 16th Fl.
New York, N.Y. 10165
Tel: 212.867.4466
Fax: 212.297.1859
Sloffredo@bbgllp.com
www.bbgllp.com
November 4, 2022
BY E-MAIL & FEDERAL EXPRESS MAILING
Jude Onicha
550 West 54th Street, Apartment PHE
New York, New York 10019
kenonich@yahoo.com
Re: Application for Temporary Restraining Order
MH 770-54TH Street LLC v. Jude Onicha
Supreme Court of the State of New York, New York County
Dear Mr Onicha:
This law firm represents the Plaintiff, MH 770-54TH Street LLC (“Plaintiff”), in the above-referenced
supreme court action (“Action”) commenced against you, the Defendant, Jude Onicha (“Defendant”)
regarding your tenancy and occupancy at the premises designated as Apartment PHE (“Premises”) at the
building known as and located at 550 West 54th Street, New York, New York 10019 (“Building”).
This letter is sent to advise you that on Monday, November 7, 2022 at 9:30 a.m., this office will be
submitting an order to show cause to the Supreme Court of the State of New York, County of New York, at
the Courthouse located at 60 Centre Street, Ex Parte Office, Room 315, New York, New York 10007, seeking
immediate injunctive relief. The order to show cause will seek, inter alia, a temporary restraining order
and/or a preliminary and permanent injunction, compelling you, as Defendant, to appear before the Court
and ordering and enjoining you, as Defendant, to immediately refrain from engaging in all nuisance-type
objectionable conduct and breaches of the substantial obligations of Defendant’s tenancy, and enjoining and
restraining Defendant, Defendant’s employees, affiliates, partners and all other persons acting by or on behalf
of, or in concert with Defendant, collectively or individually, during the pendency of this action from: (i)
Advertising the Premises for short-term stays on www.airbnb.com; (ii) Soliciting, advertising, engaging,
taking reservations for, and/or renting out the Premises to guests, tourists, visitors and other transient
occupants for stays of less than thirty (30) days; (iii) Operating an illegal hotel and/or bed and breakfast out
of the Premises; (iv) Breaching a substantial obligation of Defendant’s tenancy by using the Premises for
impermissible business purposes and/or commercial use by renting the Premises to guests, tourists, visitors
and other transient occupants for profit; and (v) Providing unfettered access to, from, and within the Building
and Premises to guests, tourists, visitors and other transient occupants who are not lawful occupants of the
Building and Premises.
Please be further advised that there is no in-person appearance on this return date, but the Court and/or
this office will provide you with an opportunity to oppose this request via telephonic or electronic means as
directed by the Court.
This notice is provided to you pursuant to 22 NYCRR 202.7(f) and shall constitute notification to
permit you an opportunity to appear at the above-stated time and place in response to Plaintiff’s application.
Please contact the undersigned with any questions pertaining to the subject matter of this letter, and upon
your receipt of this notice.
This letter is being sent without prejudice to all rights and remedies afforded to Plaintiff in the Action,
under your lease, and applicable provisions of law, all of which are expressly reserved.
FILED: NEW YORK COUNTY CLERK 11/04/2022 05:50 PM INDEX NO. 159504/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/04/2022
Jude Onicha
November 4, 2022
Page 2 of 2
Sincerely,
Scott F. Loffredo, Esq.
ABERNSTEIN/11542.0075/4022963.1
FILED: NEW YORK COUNTY CLERK 11/04/2022 05:50 PM INDEX NO. 159504/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/04/2022
Adam M. Bernstein
From: Adam M. Bernstein
Sent: Friday, November 4, 2022 10:06 AM
To: kenonich@yahoo.com
Cc: Scott Loffredo
Subject: Re: MH 770-54th Street, LLC v. Jude Onicha (Application For Injunction)
Attachments: MH 770-54th Street LLC v. Jude (4022963.1).pdf
Dear Mr. Onicha,
This law firm represents the Plaintiff, MH 770-54TH Street LLC (“Plaintiff”), in the above-referenced supreme
court action (“Action”) commenced against you, the Defendant, Jude Onicha (“Defendant”) regarding your
tenancy and occupancy at the premises designated as Apartment PHE (“Premises”) at the building known as
and located at 550 West 54th Street, New York, New York 10019 (“Building”).
With regard to the above, please see the attached notice/corresponding attachment. This notice is provided to
you pursuant to 22 NYCRR 202.7(f) and shall constitute notification to permit you an opportunity to appear at
the stated time and place on the notice in response to the Plaintiff’s application. Please contact the undersigned
with any questions pertaining to the subject matter of this communication and the attached correspondence upon
your receipt of this notice. A physical copy is also being sent to the Premises. Thank you.
Adam M. Bernstein
Associate
Belkin • Burden • Goldman, LLP
One Grand Central Place
60 East 42nd Street, 16th Floor
New York, NY 10165
Tel: 212-867-4466 (Ext. 434)
Fax: 212-297-1859
E-mail: abernstein@bbgllp.com
Web: www.bbgllp.com
*PLEASE NOTE OUR NEW ADDRESS ABOVE*
This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the
addressee), you may not use, copy, or disclose to anyone the message or any information contained in the message. If you have received the
message in error, please advise the sender by reply e‐mail. IMPORTANT NOTICE: NEVER TRUST WIRING INSTRUCTIONS SENT VIA EMAIL. Cyber
criminals are hacking email accounts and sending emails with fake wiring instructions. These emails are convincing and sophisticated. Always
independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. Never wire money without
confirming that the wiring instructions are correct.
IMPORTANT NOTICE: NEVER TRUST PAYMENT INSTRUCTIONS SENT VIA EMAIL. Cyber criminals are hacking email accounts and sending emails with
fake payment instructions. These emails are convincing and sophisticated. Always independently confirm payment instructions in person or via a
telephone call to a trusted and verified phone number. Never remit payment without confirming that the payment instructions are correct.
1
FILED: NEW YORK COUNTY CLERK 11/04/2022 05:50 PM INDEX NO. 159504/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/04/2022
AF FIDAVIT OF SERVICE BY FEDERAL EXPRESS
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
JAVON LAWRENCE, being duly sworn, deposes and says:
1. That deponent is not a party to this action, is over 18 years of age and
42nd 16th
is employed at One Grand Central Place, 60 East street, Floor, New York, New
York 10165.
2. That on November 4, 2022, deponent served a true copy of the
LETTER REGARDING APPLICATION FOR TEMPORARY RESTRAINING ORDER
herein upon:
JUDE ONICHA
550 West 54th Street, Apartment PHE
New York, New York 10019
by depositing the papers in properly addressed wrappers into the custody of Federal
Express employee for overnight delivery, prior to th t time designated by Federal
Express for overnight delivery.
JAVON LAWRENCE
r e this
ay emberf0 2
NOTA C
CHARLEUANT.MCDONALD
NotaryPublic Stateof NewYork
No.01hAC6118972
Qualified in Nassau County
CMcDONALD/11542.0075/4023132.1
FILED: NEW YORK COUNTY CLERK 11/04/2022 05:50 PM INDEX NO. 159504/2022
FedEx Manager - Print Your Label(s)
11/4/22,10:33 AM Ship
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/04/2022
CA 5EiEE E :
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pouch and shipment
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affix so that
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original for shipping. a photocopy of this
label purposes
for shipping and
is fraudulent could result
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additional charges, alongwith thecancellationofyour FedEx account number.
billing not
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constitutes agreement to theserviceconditionsin thecurrentFedEx Service Guide,availableon fedex.com.FedEx will
Use of this
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damage, delay,non-delivery,misdelivery,or
misinformation,
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in the FedEx
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charge, document
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is limited greaterof $100 or the
attomey'sfees, costs,and other direct,
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FILED: NEW YORK COUNTY CLERK 11/04/2022 05:50 PM INDEX NO. 159504/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/04/2022 60 East 42nd Street, 16th Fl. New York, N.Y. 10165 Tel: 212.867.4466 Fax: 212.297.1859 Sloffredo@bbgllp.com www.bbgllp.com November 4, 2022 BY E-MAIL & FEDERAL EXPRESS MAILING Jude Onicha 550 West 54th Street, Apartment PHE New York, New York 10019 kenonich@yahoo.com Re: Application for Temporary Restraining Order MH 770-54TH Street LLC v. Jude Onicha Supreme Court of the State of New York, New York County Dear Mr Onicha: This law firm represents the Plaintiff, MH 770-54TH Street LLC (“Plaintiff”), in the above-referenced supreme court action (“Action”) commenced against you, the Defendant, Jude Onicha (“Defendant”) regarding your tenancy and occupancy at the premises designated as Apartment PHE (“Premises”) at the building known as and located at 550 West 54th Street, New York, New York 10019 (“Building”). This letter is sent to advise you that on Monday, November 7, 2022 at 9:30 a.m., this office will be submitting an order to show cause to the Supreme Court of the State of New York, County of New York, at the Courthouse located at 60 Centre Street, Ex Parte Office, Room 315, New York, New York 10007, seeking immediate injunctive relief. The order to show cause will seek, inter alia, a temporary restraining order and/or a preliminary and permanent injunction, compelling you, as Defendant, to appear before the Court and ordering and enjoining you, as Defendant, to immediately refrain from engaging in all nuisance-type objectionable conduct and breaches of the substantial obligations of Defendant’s tenancy, and enjoining and restraining Defendant, Defendant’s employees, affiliates, partners and all other persons acting by or on behalf of, or in concert with Defendant, collectively or individually, during the pendency of this action from: (i) Advertising the Premises for short-term stays on www.airbnb.com; (ii) Soliciting, advertising, engaging, taking reservations for, and/or renting out the Premises to guests, tourists, visitors and other transient occupants for stays of less than thirty (30) days; (iii) Operating an illegal hotel and/or bed and breakfast out of the Premises; (iv) Breaching a substantial obligation of Defendant’s tenancy by using the Premises for impermissible business purposes and/or commercial use by renting the Premises to guests, tourists, visitors and other transient occupants for profit; and (v) Providing unfettered access to, from, and within the Building and Premises to guests, tourists, visitors and other transient occupants who are not lawful occupants of the Building and Premises. Please be further advised that there is no in-person appearance on this return date, but the Court and/or this office will provide you with an opportunity to oppose this request via telephonic or electronic means as directed by the Court. This notice is provided to you pursuant to 22 NYCRR 202.7(f) and shall constitute notification to permit you an opportunity to appear at the above-stated time and place in response to Plaintiff’s application. Please contact the undersigned with any questions pertaining to the subject matter of this letter, and upon your receipt of this notice. This letter is being sent without prejudice to all rights and remedies afforded to Plaintiff in the Action, under your lease, and applicable provisions of law, all of which are expressly reserved. FILED: NEW YORK COUNTY CLERK 11/04/2022 05:50 PM INDEX NO. 159504/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/04/2022 Jude Onicha November 4, 2022 Page 2 of 2 Sincerely, Scott F. Loffredo, Esq. ABERNSTEIN/11542.0075/4022963.1 FILED: NEW YORK COUNTY CLERK 11/04/2022 05:50 PM INDEX NO. 159504/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/04/2022 Adam M. Bernstein From: Adam M. Bernstein Sent: Friday, November 4, 2022 10:06 AM To: kenonich@yahoo.com Cc: Scott Loffredo Subject: Re: MH 770-54th Street, LLC v. Jude Onicha (Application For Injunction) Attachments: MH 770-54th Street LLC v. Jude (4022963.1).pdf Dear Mr. Onicha, This law firm represents the Plaintiff, MH 770-54TH Street LLC (“Plaintiff”), in the above-referenced supreme court action (“Action”) commenced against you, the Defendant, Jude Onicha (“Defendant”) regarding your tenancy and occupancy at the premises designated as Apartment PHE (“Premises”) at the building known as and located at 550 West 54th Street, New York, New York 10019 (“Building”). With regard to the above, please see the attached notice/corresponding attachment. This notice is provided to you pursuant to 22 NYCRR 202.7(f) and shall constitute notification to permit you an opportunity to appear at the stated time and place on the notice in response to the Plaintiff’s application. Please contact the undersigned with any questions pertaining to the subject matter of this communication and the attached correspondence upon your receipt of this notice. A physical copy is also being sent to the Premises. Thank you. Adam M. Bernstein Associate Belkin • Burden • Goldman, LLP One Grand Central Place 60 East 42nd Street, 16th Floor New York, NY 10165 Tel: 212-867-4466 (Ext. 434) Fax: 212-297-1859 E-mail: abernstein@bbgllp.com Web: www.bbgllp.com *PLEASE NOTE OUR NEW ADDRESS ABOVE* This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy, or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e‐mail. IMPORTANT NOTICE: NEVER TRUST WIRING INSTRUCTIONS SENT VIA EMAIL. Cyber criminals are hacking email accounts and sending emails with fake wiring instructions. These emails are convincing and sophisticated. Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. Never wire money without confirming that the wiring instructions are correct. IMPORTANT NOTICE: NEVER TRUST PAYMENT INSTRUCTIONS SENT VIA EMAIL. Cyber criminals are hacking email accounts and sending emails with fake payment instructions. These emails are convincing and sophisticated. Always independently confirm payment instructions in person or via a telephone call to a trusted and verified phone number. Never remit payment without confirming that the payment instructions are correct. 1 FILED: NEW YORK COUNTY CLERK 11/04/2022 05:50 PM INDEX NO. 159504/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/04/2022 AF FIDAVIT OF SERVICE BY FEDERAL EXPRESS STATE OF NEW YORK ) : ss.: COUNTY OF NEW YORK ) JAVON LAWRENCE, being duly sworn, deposes and says: 1. That deponent is not a party to this action, is over 18 years of age and 42nd 16th is employed at One Grand Central Place, 60 East street, Floor, New York, New York 10165. 2. That on November 4, 2022, deponent served a true copy of the LETTER REGARDING APPLICATION FOR TEMPORARY RESTRAINING ORDER herein upon: JUDE ONICHA 550 West 54th Street, Apartment PHE New York, New York 10019 by depositing the papers in properly addressed wrappers into the custody of Federal Express employee for overnight delivery, prior to th t time designated by Federal Express for overnight delivery. JAVON LAWRENCE r e this ay emberf0 2 NOTA C CHARLEUANT.MCDONALD NotaryPublic Stateof NewYork No.01hAC6118972 Qualified in Nassau County CMcDONALD/11542.0075/4023132.1 FILED: NEW YORK COUNTY CLERK 11/04/2022 05:50 PM INDEX NO. 159504/2022 FedEx Manager - Print Your Label(s) 11/4/22,10:33 AM Ship NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/04/2022 CA 5EiEE E : >° ¤ S EEEi hii e e n2c221st:atu 581J407F5/FE2D Afterprinting thislabel: 'Print' page to print yourlabelto yourlaseror inkjet printer. 1. Use the buttonon this 2. Foldtheprintedpage alongthe line. horizontal pouch and shipment it to your affix so that the barcode portion can of the label be read and scanned. 3. Placelabelin shipping original for shipping. a photocopy of this label purposes for shipping and is fraudulent could result in Warning: Use onlytheprinted label Using additional charges, alongwith thecancellationofyour FedEx account number. billing not system your constitutes agreement to theserviceconditionsin thecurrentFedEx Service Guide,availableon fedex.com.FedEx will Use of this in excess of $100per package, whether theresultof loss, damage, delay,non-delivery,misdelivery,or misinformation, be responsiblefor anyclaim your actuallossand file claim.Umitations a timely found current in the FedEx unless you declarea highervalue,pay an additional charge, document Yourrighttorecover from FedEx for loss, value intrinsic ofthepackage, loss ofsales,income profit, interest, Service Guide apply. any including forms of damage whether or special incidental.consequential, to the is limited greaterof $100 or the attomey'sfees, costs,and other direct, cannot exceed actual documented loss.Maximum forItems value of extraordinary is $1,000,e.g. jewelry, authorizeddeclared value.Recovery other itemslisted ServiceGuide. in our Writtenclaimsmust be filed time strict within see limits, current precious metals,negotiableinstrumentsand FedEx ServiceGuide. https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 1/1