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.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____________ ________________________________________ -------X
GEMMA HOLDINGS LLC, : Index No. 157016/19
:
Plaintiff, :
- against - :
: PROPOSED ORDER
ADRIAN RODRIGUEZ, :
Defendant. :
---------------------------------------------------------------------X
Plaintiff Gemma Holdings LLC ("Plaintiff") having moved, by Order to Show Cause, for
an Order, pursuant to CPLR 6301, et seq., for a preliminary injunction to enjoin and restrain
defendant Adrian Rodriguez ("Defendant") from engaging in conduct in Apartment 22 in the
building known as and located at 137 Sullivan Street, New York, New York (the "Apartment")
that violates both the November 1, 2018 lease between Plaintiff, as landlord, and Defendant, as
tenant (the "Lease") as well as applicable laws which was returnable on August 22, 2019; and
Defendant having failed to submit any opposition to the motion; and Plaintiff having argued the
motion before Supreme Court, New York (Marin, J.)on August 22, 2019; and Defendant having
failed to appear in Court on August 22, 2019; and the Court having granted Plaintiff's motion after
argument;
NOW, upon the motion of the Law Office of Allison M. Furman, P.C., attorneys for
Plaintiff, itis
ORDERED, that Defendant, his agents, servants, partners, affiliates and successors or any
person acting on behalf of or in concert with Defendant are hereby enjoined and restrained from
operating an illegal hotel and/or bed and breakfast from the Apartment in violation of Articles
"22(b)"
"10(a)", and the Short Term Rental Rider of the Lease and all applicable laws; and it is
further
ORDERED, that Defendant is hereby enjoined and restrained from using the Apartment in
whole or in part, for impermissible business purposes and/or commercial use by subletting or
otherwise renting out the Apartment to tourists or other transient occupants for periods of less than
"22(b)"
thirty days and in violation of the Articles "10(a)", and the Short Term Rental Rider of the
Lease and applicable laws.
Dated: August __, 2019
E N T E R:
J.S.C.
2
Document Filed Date
August 22, 2019
Case Filing Date
July 17, 2019
Category
Other Matters - Contract - Other
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____________ ________________________________________ -------X GEMMA HOLDINGS LLC, : Index No. 157016/19 : Plaintiff, : - against - : : PROPOSED ORDER ADRIAN RODRIGUEZ, : Defendant. : ---------------------------------------------------------------------X Plaintiff Gemma Holdings LLC ("Plaintiff") having moved, by Order to Show Cause, for an Order, pursuant to CPLR 6301, et seq., for a preliminary injunction to enjoin and restrain defendant Adrian Rodriguez ("Defendant") from engaging in conduct in Apartment 22 in the building known as and located at 137 Sullivan Street, New York, New York (the "Apartment") that violates both the November 1, 2018 lease between Plaintiff, as landlord, and Defendant, as tenant (the "Lease") as well as applicable laws which was returnable on August 22, 2019; and Defendant having failed to submit any opposition to the motion; and Plaintiff having argued the motion before Supreme Court, New York (Marin, J.)on August 22, 2019; and Defendant having failed to appear in Court on August 22, 2019; and the Court having granted Plaintiff's motion after argument; NOW, upon the motion of the Law Office of Allison M. Furman, P.C., attorneys for Plaintiff, itis ORDERED, that Defendant, his agents, servants, partners, affiliates and successors or any person acting on behalf of or in concert with Defendant are hereby enjoined and restrained from operating an illegal hotel and/or bed and breakfast from the Apartment in violation of Articles "22(b)" "10(a)", and the Short Term Rental Rider of the Lease and all applicable laws; and it is further ORDERED, that Defendant is hereby enjoined and restrained from using the Apartment in whole or in part, for impermissible business purposes and/or commercial use by subletting or otherwise renting out the Apartment to tourists or other transient occupants for periods of less than "22(b)" thirty days and in violation of the Articles "10(a)", and the Short Term Rental Rider of the Lease and applicable laws. Dated: August __, 2019 E N T E R: J.S.C. 2