On January 11, 2024 a
Motion,Ex Parte
was filed
involving a dispute between
Marya Abdul Salam Al Hajjadi Dba 3029 Candy And Electronics Corp.,
and
Tomba Realty Llc,
for Real Property - Other (Yellowstone Injunction)
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 01/11/2024 03:57 PM INDEX NO. 800602/2024E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------x
MARYA ABDUL SALAM AL HAJJADI, : INDEX NO.: 800602 /24
DBA 3029 CANDY AND ELECTRONICS CORP. :
: AFFIRMATION
Plaintiff, : OF EXIGENCY
-against- :
.
TOMBA REALTY LLC,
Defendant.
-------------------------------------------------------------x
The Undersigned Attorney and Counselor-at-Law, duly admitted to practice Law in the
Courts of the State of New York, affirms the following, subject to the penalties of perjury:
1. That I am a member of the law firm of Joseph A. Altman, P.C., attorneys for the
Plaintiff, MARYA ABDUL SALAM AL HAJJADI, DBA 3029 CANDY AND ELECTRONICS
CORP., and, as such, am fully familiar with all of the facts and circumstances had herein.
2. That this application is brought by Order to Show Cause, for the relief sought.
3. That the Plaintiff is a cornmercial tenant, pursuant to a written lease ("Lease")
with the Defendant, for property located at 2039 Middletown Road, Bronx, New York 10461,
"A."
aka 1603 Hobart Avenue, Bronx, New York 10461 ("Subject Premises"), see Exhibit
4. That the Defendant seeks to evict the Plaintiff, with the Notice to Cure annexed
"B."
hereto as Exhibit
5. That he Notice to Cure sets forth that the Lease will expire on January 12, 2024;
hence ee meed for &is emergency Order to Show Cause.
6. That, as established in the supporting papers, &e Plaintiff holds a commercial
lease; &e Plaintiff received from the landlord a notice to oure; the Plaintiff has requested
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FILED: BRONX COUNTY CLERK 01/11/2024 03:57 PM INDEX NO. 800602/2024E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/11/2024
injunctive relief prior to the termination of the Lease; and the Plaintiff is prepared and maintains
the ability to cure the alleged default by any means short of vacating the premises.
7. That, if this is not addressed on an exigent basis, the Plaintiff will forfeit its
valuable commercial leasehold.
8. That the Plaintiff has timely sought a Yellowstone injunction, via the instant
Order to Show Cause.
9. That the Plaintiff has not previously sought the requested relief from this Court, or
from any other Court
WHEREFORE, it is respectfully requested that the within motion is granted, together
with such other and further relief as this Court may deem just and proper.
Dated: Westchester, New York
to , 2024
January
JOSEP A. ALTMAN, SQ.
2
2 of 2
Document Filed Date
January 11, 2024
Case Filing Date
January 11, 2024
Category
Real Property - Other (Yellowstone Injunction)
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FILED: BRONX COUNTY CLERK 01/11/2024 03:57 PM INDEX NO. 800602/2024E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------x MARYA ABDUL SALAM AL HAJJADI, : INDEX NO.: 800602 /24 DBA 3029 CANDY AND ELECTRONICS CORP. : : AFFIRMATION Plaintiff, : OF EXIGENCY -against- : . TOMBA REALTY LLC, Defendant. -------------------------------------------------------------x The Undersigned Attorney and Counselor-at-Law, duly admitted to practice Law in the Courts of the State of New York, affirms the following, subject to the penalties of perjury: 1. That I am a member of the law firm of Joseph A. Altman, P.C., attorneys for the Plaintiff, MARYA ABDUL SALAM AL HAJJADI, DBA 3029 CANDY AND ELECTRONICS CORP., and, as such, am fully familiar with all of the facts and circumstances had herein. 2. That this application is brought by Order to Show Cause, for the relief sought. 3. That the Plaintiff is a cornmercial tenant, pursuant to a written lease ("Lease") with the Defendant, for property located at 2039 Middletown Road, Bronx, New York 10461, "A." aka 1603 Hobart Avenue, Bronx, New York 10461 ("Subject Premises"), see Exhibit 4. That the Defendant seeks to evict the Plaintiff, with the Notice to Cure annexed "B." hereto as Exhibit 5. That he Notice to Cure sets forth that the Lease will expire on January 12, 2024; hence ee meed for &is emergency Order to Show Cause. 6. That, as established in the supporting papers, &e Plaintiff holds a commercial lease; &e Plaintiff received from the landlord a notice to oure; the Plaintiff has requested 1 of 2 FILED: BRONX COUNTY CLERK 01/11/2024 03:57 PM INDEX NO. 800602/2024E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/11/2024 injunctive relief prior to the termination of the Lease; and the Plaintiff is prepared and maintains the ability to cure the alleged default by any means short of vacating the premises. 7. That, if this is not addressed on an exigent basis, the Plaintiff will forfeit its valuable commercial leasehold. 8. That the Plaintiff has timely sought a Yellowstone injunction, via the instant Order to Show Cause. 9. That the Plaintiff has not previously sought the requested relief from this Court, or from any other Court WHEREFORE, it is respectfully requested that the within motion is granted, together with such other and further relief as this Court may deem just and proper. Dated: Westchester, New York to , 2024 January JOSEP A. ALTMAN, SQ. 2 2 of 2