On July 17, 2019 a
Motion-Secondary
was filed
involving a dispute between
Gemma Holdings Llc,
and
Adrian Rodriguez,
for Other Matters - Contract - Other
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------X
GEMMA HOLDINGS LLC, : Index No.:
:
Plaintiff, :
-
- against : AFFIRMAT
: OF EMER
ADRIAN RODRIGUEZ, :
Defendant. :
---- ------------------------------------------------- X
ALLISON M. FURMAN, an attorney duly licensed to practice before
State of New York, hereby affirms the following to be true under the penalties
to CPLR 2106:
1. I am counsel to plaintiff Gemma Holdings LLC ("Plaintiff"). A
familiar with the facts and circumstances set forth herein.
2. This affirmation is respectfully submitted to evidence the fac
application is an emergency and requires immediate attention.
3. Plaintiff is the owner and landlord of the building
known as
Sullivan Street, New York, New York (the "Building"). (See, Exhibit "A.")
4. Defendant Adrian Rodriguez ("Defendant") is the tenant of Apa
Building (the "Apartment") pursuant to a lease dated November 1, 2018 betw
landlord, and Defendant, as tenant (the "Lease"). (S_ee, Exhibit "B.")
1 of 2
"22(b)"
FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2019
7. Unbeknownst to Plaintiff, Defendant is subletting the Apartment
stays in violation of the Lease and law.
8. On July 2, 2019, the New York City Department of Buildings ("D
violations to Plaintiff in which it alleges that the Apartment is impermissibly
transient purposes and, as a result, the Building is not being maintained in code
(See, Exhibit "C.")
9. The violations, which all direct discontinuance of the transi
Apartment, are scheduled for hearings on September 17, 2019. (See, Exhibit "C.
10. Because the only way that Plaintiff can timely remedy the violation
Defendant to refrain from subletting the Apartment for short term stays, Plain
submits that the instant motion should be treated as an emergency and be
consideration.
11. In accordance with Rule 202.7(d) of the Uniform Civil Rules for
and County Court, I sent a letter dated July 12, 2019 to Defendant advising him t
be presenting an Order to Show Cause and seeking a temporary restraining order
(See, Exhibit "D.")
12. No prior application has been made for the relief sought herein.
CONCLUSION
2 of 2
Document Filed Date
July 17, 2019
Case Filing Date
July 17, 2019
Category
Other Matters - Contract - Other
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FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------X GEMMA HOLDINGS LLC, : Index No.: : Plaintiff, : - - against : AFFIRMAT : OF EMER ADRIAN RODRIGUEZ, : Defendant. : ---- ------------------------------------------------- X ALLISON M. FURMAN, an attorney duly licensed to practice before State of New York, hereby affirms the following to be true under the penalties to CPLR 2106: 1. I am counsel to plaintiff Gemma Holdings LLC ("Plaintiff"). A familiar with the facts and circumstances set forth herein. 2. This affirmation is respectfully submitted to evidence the fac application is an emergency and requires immediate attention. 3. Plaintiff is the owner and landlord of the building known as Sullivan Street, New York, New York (the "Building"). (See, Exhibit "A.") 4. Defendant Adrian Rodriguez ("Defendant") is the tenant of Apa Building (the "Apartment") pursuant to a lease dated November 1, 2018 betw landlord, and Defendant, as tenant (the "Lease"). (S_ee, Exhibit "B.") 1 of 2 "22(b)" FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/17/2019 7. Unbeknownst to Plaintiff, Defendant is subletting the Apartment stays in violation of the Lease and law. 8. On July 2, 2019, the New York City Department of Buildings ("D violations to Plaintiff in which it alleges that the Apartment is impermissibly transient purposes and, as a result, the Building is not being maintained in code (See, Exhibit "C.") 9. The violations, which all direct discontinuance of the transi Apartment, are scheduled for hearings on September 17, 2019. (See, Exhibit "C. 10. Because the only way that Plaintiff can timely remedy the violation Defendant to refrain from subletting the Apartment for short term stays, Plain submits that the instant motion should be treated as an emergency and be consideration. 11. In accordance with Rule 202.7(d) of the Uniform Civil Rules for and County Court, I sent a letter dated July 12, 2019 to Defendant advising him t be presenting an Order to Show Cause and seeking a temporary restraining order (See, Exhibit "D.") 12. No prior application has been made for the relief sought herein. CONCLUSION 2 of 2