On March 13, 2024 a
Motion-Secondary
was filed
involving a dispute between
Xxxxx Xxxxxx,
and
Sherman Square Realty Corp.,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/13/2024 10:55 AM INDEX NO. 651293/2024
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------- x
xxxxx xxxxxx :
Plaintiff, Index No.
:
-against-
: EMERGENCY AFFIRMATION
SHERMAN SQUARE REALTY CORP., OF xxxxx xxxxxx
:
Defendant.
---------------------------------------------------------------- x
xxxxx xxxxxx, affirms as follows:
1. I am the Plaintiff in this action and have personal knowledge of the facts set forth
herein.
2. I make this affirmation in support of the instant motion for a preliminary injunction
and temporary restraining order with respect to a special meeting of defendant Sherman Square
Realty Corp.’s Board of Directors (“Board”), called for the purpose of voting to terminate my
Proprietary Lease for Apartment 31H/K (the “Lease”) in the building known as 201 West 70th
Street, New York, New York 10023, based on alleged objectionable conduct.
3. It is critical that this application for a temporary restraining order and a preliminary
injunction be reviewed by the court with all possible speed as the special meeting to terminate my
tenancy is currently scheduled for March 14, 2024.
4. Due to the Board’s threatened impending termination and forfeiture of my Lease, I
will be irreparably harmed if a temporary restraining order enjoining the vote of the Board is not
issued prior to March 14, 2024.
5. Accordingly, the Court’s expedient review of the instant emergency application is
now warranted.
HF 17267356v.1
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RECEIVED NYSCEF: 03/13/2024
INDEX NO. 651293/2024
FILED: NEW YORK COUNTY CLERK 03/13/2024 10:55 AM INDEX NO. 651293/2024
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/13/2024
CERTIFICATION OF WORD COUNT
I hereby certify that the word count of this Affirmation complies with the word limits of
22 New York Codes, Rules and Regulations § 202.8-b(a). According to the word-processing
system used to prepare this document, the total word count for all printed text exclusive of the
material omitted under 22 N.Y.C.R.R. § 202.8-b(b) is 297 words.
Dated: New York, New York
March 12, 2024
/s/ Andrew J. Wagner
Andrew J. Wagner
HF 17267356v.1
3 of 3
Document Filed Date
March 13, 2024
Case Filing Date
March 13, 2024
Category
Commercial - Contract
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Preview
FILED: NEW YORK COUNTY CLERK 03/13/2024 10:55 AM INDEX NO. 651293/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------- x xxxxx xxxxxx : Plaintiff, Index No. : -against- : EMERGENCY AFFIRMATION SHERMAN SQUARE REALTY CORP., OF xxxxx xxxxxx : Defendant. ---------------------------------------------------------------- x xxxxx xxxxxx, affirms as follows: 1. I am the Plaintiff in this action and have personal knowledge of the facts set forth herein. 2. I make this affirmation in support of the instant motion for a preliminary injunction and temporary restraining order with respect to a special meeting of defendant Sherman Square Realty Corp.’s Board of Directors (“Board”), called for the purpose of voting to terminate my Proprietary Lease for Apartment 31H/K (the “Lease”) in the building known as 201 West 70th Street, New York, New York 10023, based on alleged objectionable conduct. 3. It is critical that this application for a temporary restraining order and a preliminary injunction be reviewed by the court with all possible speed as the special meeting to terminate my tenancy is currently scheduled for March 14, 2024. 4. Due to the Board’s threatened impending termination and forfeiture of my Lease, I will be irreparably harmed if a temporary restraining order enjoining the vote of the Board is not issued prior to March 14, 2024. 5. Accordingly, the Court’s expedient review of the instant emergency application is now warranted. HF 17267356v.1 1 of 3 t s< ?a.5' I :-'q 6 g: g r-e gt),g g'e NYSCEF DOC. NO. 11 a $3 qH o;E,c' s i HA)) s xitrCE69., rltra=9 s $EiI EE s3g {JIA e; rId e Fn gj.e E igF IEE3s FE. s€f, 9 -s'E€ S !55 l.J H oi5^ et a .r+ 6- F€Agg ag*e* 2 of 3 FsF 3.FE .)=ls A9H v- F*[$a P?tooo t- E o Fd a' eigpv) z o9.o 1e'a 3E g g ? w 'aE FILED: NEW YORK COUNTY CLERK 03/13/2024 10:55 AM F (t) €H €F' ee F v- isda o f x s5 50. aH o(D rt F =:t 5(D 5 g 9F FE { Es gA 7A Eo a:3 -Z H s$ =(D E{ r ,F'€ RECEIVED NYSCEF: 03/13/2024 INDEX NO. 651293/2024 FILED: NEW YORK COUNTY CLERK 03/13/2024 10:55 AM INDEX NO. 651293/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/13/2024 CERTIFICATION OF WORD COUNT I hereby certify that the word count of this Affirmation complies with the word limits of 22 New York Codes, Rules and Regulations § 202.8-b(a). According to the word-processing system used to prepare this document, the total word count for all printed text exclusive of the material omitted under 22 N.Y.C.R.R. § 202.8-b(b) is 297 words. Dated: New York, New York March 12, 2024 /s/ Andrew J. Wagner Andrew J. Wagner HF 17267356v.1 3 of 3