Preview
INDEX NO. 652327/2024
NYSCEF DOC. NO. 22 RECEIVED NYSCEF 05/09/2024
—
B[2
At an IAS Tem Part dl of the Supreme
Court of the State of New York, held in and
for the County of, lew York, at the
Courthouse located at Centre, New York,
New York on the 1" day of May 2024,
PRESENT: HON. Nicholas W. Moyne
JS.C.
eae eaeceteennimmectanmnmeress jaan ennnnennnnnanennne-X
GARVALL HARRISON BOOKER, JR.,
Plaintiff, Index No.: 652327/2024
-against- ORDER
TO SHOW
CAUSE WITH
TEMPORARY
RESTRAINING ORDER
628 EAST 9 STREET HOUSING FUND
DEVELOPMENT CORPORATION sti) Lrgurction
Defendant.
arene nae ne SS v
Upon the annexed Affirmation of Compliance of Howard S. Levine, dated May 8, 2024,
v v
the affirmation of Emergency of Howard S. Levine, dated May 8, 2024, the affirmation in support
J J
of Howard S. Levine, dated May 8, 2024, the Affidavit of Garvall Harrison Booker, Jr., sworn to
JY
onthe 8" day of May 2024, the affirmation of Haleh Ahdout, dated May 8,2024 and the affirmation
J J
of Ivy Alexander, dated May 8, 2024 and upon all of the other proceedings heretofore had herein:
LET that Defendant or its attorneys show cause before this Court at IAS Part 4 >
90
Room ¥ Ly ) , to be held at the Supreme Court, County of New York, located at 6@ Centre
i1;60
Street, New York, New York on the (8 day of J ( 4 2024 at 9:38 a.m. or as soon
thereafter as counsel may be heard, why an order should not be made and entered:
1 of 3
INDEX NO. 652327/2024
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/09/2024
(a) Pursuant to CPLR Article 63, et seq., granting a Yellowstone injunction tolling the
Plaintiffs deadline to cure an alleged default contained in Defendant’s Notice to
Cure, dated January 28, 2024;
(b) Alternatively Pursuant to CPLR Article 63, et seq., granting a preliminary
injunction tolling the Plaintiff's deadline to cure an alleged default contained in
Defendant’s Notice to Cure, dated January 28, 2024;
© Pursuant to CPLR Article 63, et seq., staying defendant from taking any action to
default or terminate plaintiff’s proprietary lease appurtenant to apartment 3B at 628
East 9" Street, New York, NY 10009 for the alleged default contained in
Defendant’s Notice to Cure, dated January 28, 2024;
(@) Together with such additional relief as to this Court seems just and proper.
2
fy G AUEGED
FFICIENT CAUSE THEREFOR APPEARING; it is hereby
ORDERED, that pending the hearing -aad—determination- of the within motion, the
apni 's time to cure any default contained in or relating to the facts alleged in the Defendant’s
NOtic 0 Cure dated January 28, 2024 is hereby tolled and extended until further Order of this
Cpr; d it is further,
Zi
ORDERED, that pending the hearing -and—determination- of the within motion, the
2 fendant is hereby enjoined from terminating the Plaintiff's proprietary lease appurtenant to
Bement 3B at 628 East 9"" Street, New York, NY 10009 by reason of the facts alleged in
Gevians Notice to Cure, dated January 28, 2024; and it is further
Qo
we
i
fe
2 of 3
INDEX NO. 652327/2024
EF DOC. NO. 22 RECEIVED NYSCEF: 05/09/2024
ongitey, that pending the hearing-and-detemmination of the within motion, Defendant
is herel AjoMed from commencing a summary proceeding against the Plaintiff or otherwise
y
ee! > to evict the Plaintiff; and it is further,
ORDERED, that service of a copy of the within Order to Show Cause and the papers upon
eh! x ng With the Summons al Complaint”
g which it is basedby | courier upon defendant at 628 East 9" Street, New York, NY 10009, « nd by enad
GA Se feuda, at's
e on or before the day of May 2024, shall be deemed good and proper service.
Codgge
Filemyr y
Edward,
ENTER:
Oral Argument
Vma >
Jsc
JS.C.
HON. NICHOLASW. MOYNE
J.S.C. HON. NICHOLASW. MOYNE
hae J.S.C
3 of 3
Preview
INDEX NO. 652327/2024 NYSCEF DOC. NO. 22 RECEIVED NYSCEF 05/09/2024 — B[2 At an IAS Tem Part dl of the Supreme Court of the State of New York, held in and for the County of, lew York, at the Courthouse located at Centre, New York, New York on the 1" day of May 2024, PRESENT: HON. Nicholas W. Moyne JS.C. eae eaeceteennimmectanmnmeress jaan ennnnennnnnanennne-X GARVALL HARRISON BOOKER, JR., Plaintiff, Index No.: 652327/2024 -against- ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER 628 EAST 9 STREET HOUSING FUND DEVELOPMENT CORPORATION sti) Lrgurction Defendant. arene nae ne SS v Upon the annexed Affirmation of Compliance of Howard S. Levine, dated May 8, 2024, v v the affirmation of Emergency of Howard S. Levine, dated May 8, 2024, the affirmation in support J J of Howard S. Levine, dated May 8, 2024, the Affidavit of Garvall Harrison Booker, Jr., sworn to JY onthe 8" day of May 2024, the affirmation of Haleh Ahdout, dated May 8,2024 and the affirmation J J of Ivy Alexander, dated May 8, 2024 and upon all of the other proceedings heretofore had herein: LET that Defendant or its attorneys show cause before this Court at IAS Part 4 > 90 Room ¥ Ly ) , to be held at the Supreme Court, County of New York, located at 6@ Centre i1;60 Street, New York, New York on the (8 day of J ( 4 2024 at 9:38 a.m. or as soon thereafter as counsel may be heard, why an order should not be made and entered: 1 of 3 INDEX NO. 652327/2024 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/09/2024 (a) Pursuant to CPLR Article 63, et seq., granting a Yellowstone injunction tolling the Plaintiffs deadline to cure an alleged default contained in Defendant’s Notice to Cure, dated January 28, 2024; (b) Alternatively Pursuant to CPLR Article 63, et seq., granting a preliminary injunction tolling the Plaintiff's deadline to cure an alleged default contained in Defendant’s Notice to Cure, dated January 28, 2024; © Pursuant to CPLR Article 63, et seq., staying defendant from taking any action to default or terminate plaintiff’s proprietary lease appurtenant to apartment 3B at 628 East 9" Street, New York, NY 10009 for the alleged default contained in Defendant’s Notice to Cure, dated January 28, 2024; (@) Together with such additional relief as to this Court seems just and proper. 2 fy G AUEGED FFICIENT CAUSE THEREFOR APPEARING; it is hereby ORDERED, that pending the hearing -aad—determination- of the within motion, the apni 's time to cure any default contained in or relating to the facts alleged in the Defendant’s NOtic 0 Cure dated January 28, 2024 is hereby tolled and extended until further Order of this Cpr; d it is further, Zi ORDERED, that pending the hearing -and—determination- of the within motion, the 2 fendant is hereby enjoined from terminating the Plaintiff's proprietary lease appurtenant to Bement 3B at 628 East 9"" Street, New York, NY 10009 by reason of the facts alleged in Gevians Notice to Cure, dated January 28, 2024; and it is further Qo we i fe 2 of 3 INDEX NO. 652327/2024 EF DOC. NO. 22 RECEIVED NYSCEF: 05/09/2024 ongitey, that pending the hearing-and-detemmination of the within motion, Defendant is herel AjoMed from commencing a summary proceeding against the Plaintiff or otherwise y ee! > to evict the Plaintiff; and it is further, ORDERED, that service of a copy of the within Order to Show Cause and the papers upon eh! x ng With the Summons al Complaint” g which it is basedby | courier upon defendant at 628 East 9" Street, New York, NY 10009, « nd by enad GA Se feuda, at's e on or before the day of May 2024, shall be deemed good and proper service. Codgge Filemyr y Edward, ENTER: Oral Argument Vma > Jsc JS.C. HON. NICHOLASW. MOYNE J.S.C. HON. NICHOLASW. MOYNE hae J.S.C 3 of 3