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At the IAS Part of the New York Supreme Court at
the Courthouse, County of Kings, IAS Part ____
Rm ______, at 360 Adams Street, Brooklyn, New York, on
the _______ day of ____________ 2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
PRESENT:
HONORABLE , Justice
____________________________________________X Index No.: 516556/2024
DELTA TOWERS ENTERPRISES LLC,
ORDER TO SHOW CAUSE
PLAINTIFF,
-against-
SIHANG NING, AND NOEL CAPONE,
DEFENDANTS.
____________________________________________X
Upon reading of the annexed affidavit of landlord DELTA TOWERS ENTERPRISES LLC
(“DELTA TOWER” OR THE “LANDLORD”), by MR. DANIEL CHEN, sworn to on the 16th day of June,
2024, and the affirmations of Yu-Xi Liu, Esq., attorney for the Plaintiff, dated June 16, 2024, let
the defendants, or their attorney, show cause before this Court, at IAS Part ________, Room
________ thereof, to be held at the Courthouse located at 360 Adams Street, Brooklyn, New
York, on the ______ day of _June____, 2024, at
_______a.m./p.m., or as soon thereafter as counsel can be heard, why an order should not be
made herein:
1. Restraining and enjoining defendants Sihang Ning and Noel Capone (the
“Defendants”) from flooding or otherwise damaging the subject premises at 4001 New Utrecht
Avenue, 3P, Brooklyn, NY 11219 (the “Subject Premises” or “Demised Premises”);
2. Restraining and enjoining the Defendants from denying the Landlord, its agent,
property manager, or representative full and unhindered access to the Demised Premises for
inspection and emergency repair;
3. Granting such other and further relief as the Court may deem just and proper.
No previous application has been made to this or any other Court for relief sought herein.
ORDERED, pending the hearing of the within motion, a Temporary Restraining Order be
issued against defendants, restraining and enjoining them from flooding or otherwise damaging
the Demised Premises at 4001 New Utrecht Avenue, 3P, Brooklyn, NY 11219.
ORDERED, pending the hearing of the within motion, a Temporary Restraining Order be
issued against the Defendants, restraining and enjoining the Defendants from denying the
Landlord, its agent, property manager, or representative full and unhindered access to the
Demised Premises for inspection and emergency repair, which may entail changing the lock if
necessary to gain access to the Demised Premises.
ORDERED, sufficient cause being alleged therefore, let service of a copy of this Order,
together with a copy of the sworn affidavit and supporting papers annexed hereto, and the
Summons and Complaint, by overnight express service on the Defendants at the Demised
Premises, on or before the ______ day of ___________, 2024, be deemed good and sufficient
service.
ENTER:
_______________________
J.S.C.
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At the IAS Part of the New York Supreme Court at the Courthouse, County of Kings, IAS Part ____ Rm ______, at 360 Adams Street, Brooklyn, New York, on the _______ day of ____________ 2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS PRESENT: HONORABLE , Justice ____________________________________________X Index No.: 516556/2024 DELTA TOWERS ENTERPRISES LLC, ORDER TO SHOW CAUSE PLAINTIFF, -against- SIHANG NING, AND NOEL CAPONE, DEFENDANTS. ____________________________________________X Upon reading of the annexed affidavit of landlord DELTA TOWERS ENTERPRISES LLC (“DELTA TOWER” OR THE “LANDLORD”), by MR. DANIEL CHEN, sworn to on the 16th day of June, 2024, and the affirmations of Yu-Xi Liu, Esq., attorney for the Plaintiff, dated June 16, 2024, let the defendants, or their attorney, show cause before this Court, at IAS Part ________, Room ________ thereof, to be held at the Courthouse located at 360 Adams Street, Brooklyn, New York, on the ______ day of _June____, 2024, at _______a.m./p.m., or as soon thereafter as counsel can be heard, why an order should not be made herein: 1. Restraining and enjoining defendants Sihang Ning and Noel Capone (the “Defendants”) from flooding or otherwise damaging the subject premises at 4001 New Utrecht Avenue, 3P, Brooklyn, NY 11219 (the “Subject Premises” or “Demised Premises”); 2. Restraining and enjoining the Defendants from denying the Landlord, its agent, property manager, or representative full and unhindered access to the Demised Premises for inspection and emergency repair; 3. Granting such other and further relief as the Court may deem just and proper. No previous application has been made to this or any other Court for relief sought herein. ORDERED, pending the hearing of the within motion, a Temporary Restraining Order be issued against defendants, restraining and enjoining them from flooding or otherwise damaging the Demised Premises at 4001 New Utrecht Avenue, 3P, Brooklyn, NY 11219. ORDERED, pending the hearing of the within motion, a Temporary Restraining Order be issued against the Defendants, restraining and enjoining the Defendants from denying the Landlord, its agent, property manager, or representative full and unhindered access to the Demised Premises for inspection and emergency repair, which may entail changing the lock if necessary to gain access to the Demised Premises. ORDERED, sufficient cause being alleged therefore, let service of a copy of this Order, together with a copy of the sworn affidavit and supporting papers annexed hereto, and the Summons and Complaint, by overnight express service on the Defendants at the Demised Premises, on or before the ______ day of ___________, 2024, be deemed good and sufficient service. ENTER: _______________________ J.S.C.