Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------- ------------------------X
GEMMA HOLDINGS LLC, : Index No.:
: Date Purcha
:
Plaintiff, : SU
- against - :
: Plaintiff desi
ADRIAN RODRIGUEZ, : County as the
: basis of the
Defendant. : the principal
: business.
:
: Plaintiff's Ad
: 347 Fifth Ave
: New York,
---------------------------------------- --------------------X
To the above named defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this
serve a copy of your answer, or, if the complaint is not served with this summ
a notice of appearance on the plaintiff's attorneys within twenty (20) days
this summons, exclusive of the day of service (or within thirty (30) days af
is complete if this summons is not personally delivered to you within the
York); and in case of your failure to appear or answer, judgment will be take
by default for the relief demanded in the complaint.
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Dated: New York, New York
FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
Defendant's Address:
Adrian Rodriguez
137 Sullivan Street
Apartment 22
New York, New York 10012
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X
GEMMA HOLDINGS LLC, : Index No.:
: Date Purchased
Plaintiff, :
- against -
:
: COM
ADRIAN RODRIGUEZ, :
Defendant. :
-----------------------------------X
Plaintiff Gemma Holdings LLC, by its attorneys, the Law Office
Furman, P.C., as and for its Complaint against defendant, alleges as follows:
THE PARTIES
1. Plaintiff Gemma Holdings LLC ("Plaintiff") is a New York
company with an address at 347 Fifth Avenue, Suite 300, New York, New
2. Upon information and belief, defendant Adrian Rodriguez ("D
an individual with an address at 137 Sullivan Street, Apartment 22, New Yo
10012.
BACKGROUND FACTS
3. Plaintiff is the owner and landlord of the building
known as
137 Sullivan Street, New York, New York (the "Building").
4. Defendant is the tenant of Apartment 22 in the Building (the
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continuous basis to transient visitors for stays of less than thirty (30) days
weekly rate.
6. On or about July 2, 2019, the New York City Department
("DOB") issued four violations to Plaintiff in which it alleges that the Building
used in a code compliant manner because the Apartment is impermissibly
transient purposes.
7. Defendant's use of the Apartment as an illegal hotel and/or bed
materially diverges from the character of the
Building and seriously threatens
interest in the Apartment and Building.
8. Defendant's use of the Apartment as an illegal hotel and/or bed
significantly compromises the safety and security of the Building's occupan
children.
9. The Apartment is not properly equipped with the proper fire safet
required of hotels in the City of New York, such that Defendant's use of the
an illegal hotel and/or bed and breakfast presents a danger to the public healt
welfare.
10. Plaintiff has never granted permission for Defendant to
occupancy agreements with any transient persons with respect to the Apartment
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Building Code (the "Building Code") § 310.1.1; newly enacted Assembl
A08704C and/or the certificate of occupancy ("CO") for the Building.
12. Notwithstanding the foregoing, upon information and belief
continues to advertise, solicit, make available and allow transients to stay in
for stays of less than thirty (30) days at a per night rate.
AS AND FOR A FIRST CAUSE OF ACTION
13. Plaintiff repeats and re-alleges each of the allegations set forth
"1" "12"
through above as if fully set forth herein.
14. Defendant is renting the Apartment to transients for stays of
(30) days.
15. A justicable controversy exists with respect to the allegations
hereinabove which justifies the intervention of this Court and the declaratory
by Plaintiff herein.
16. By reason of the foregoing, Plaintiff is entitled to a de
Defendant's operation of an illegal hotel and/or bed and breakfast out of the
in violation of: (a) substantial obligations of his tenancy; (b) MDL §4.8.a;
2004.a.8(a); (d) Building Code § 310.1.2; newly enacted Assembly Bill
and/or (e) the CO.
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18. Defendant continues to improperly use the Apartment for business purposes
and/or commercial use by operating an illegal hotel and/or bed and breakfast out of the
Apartment.
19. Upon information and belief, the Apartment is not properly equipped with
the proper fire safety protections required of hotels in the City of New York.
20. As a result, Defendant's use of the Apartment as an illegal hotel and/or bed
and breakfast presents a danger to the public health, safety and welfare.
21. Additionally, upon information and belief, Defendant's use of the Apartment
as an illegal hotel and/or bed and breakfast significantly disturbs the Building's other
occupants in the peaceful use of their apartments and creates a dangerous environment
because, inter alia,Defendant has and continue to provide transients with unfettered access
to, from, and within the Building.
22. Defendant's use of the Apartment as an illegalhotel and/or bed and breakfast
materially diverges from the character of the Building and seriously threatens Plaintiffs
interest in the Apartment and Building.
23. By reason of the foregoing, Plaintiff is entitled to a permanent injunction
enjoining and restraining Defendant from: (a) operating an illegal hotel and/or bed and
breakfast out ofthe Apartment; (b) using the Apartment, in whole or part, for impermissible
business purposes and/or commercial use by renting the Apartment, in whole or part, to
transients for profit; (c) soliciting, advertising, taking reservations and renting out the
Apartment, in whole or part, to transients; and (d) providing unfettered access to, from, and
within the Building to transients who are not lawful occupants of the Apartment and/or
Building.
4
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AS AND FOR A THIRD CAUSE OF ACTION
24. Plaintiff repeats and re-alleges each of the allegations set forth in paragraphs
"1" "23"
through above as if fully set forth herein.
25. Defendants have refused to vacate the Apartment and are willfully and
wrongfully withholding possession of the Apartment from Plaintiff, the lawful owner of
the Apartment.
26. Plaintiff has suffered and will continue to suffer damages by reason of the
withholding of the Apartment and the possession thereof by Defendants, the full amount
of which to be determined at trial.
27. By reason of the foregoing, Plaintiff is entitled to an order and judgment
that Defendants, their agents, servants, and allpersons claiming under them be immediately
ejected from the Apartment and that Plaintiff be immediately restored to possession of the
Apartment and awarded its damages.
AS AND FOR A FOURTH CAUSE OF ACTION
28. Plaintiff repeats and re-alleges each of the allegations set forth in paragraphs
"1" "27"
through above as if fully set forth herein.
29. Based upon Defendant's unlawful conduct, DOB issued four violations to
Plaintiff.
30. Plaintiff is undoubtedly going to be fined due to Defendant's unlawful use of
the Apartment.
31. Pursuant to the Short Term Rental Rider to the Lease, Defendant agreed to
indemnify and hold Plaintiff harmless from all damages resulting from Tenant advertising
and permitting the Apartment to be used for short term stays.
5
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32. By reason of the foregoing, Plaintiff is entitled to a mon
representing reimbursement of the fines imposed by DOB in an amount to
by the Court but in no event less than $100,000.
AS AND FOR A FIFTH CAUSE OFACTION
33. Plaintiff repeats and re-alleges each of the allegations set forth
"1" "32"
through above as if fully set forth herein.
"20(c)"
34. Pursuant to Article as well as the Short Term Rental
attorneys'
is entitled to recover costs, including fees, incurred in con
Defendant's failure to comply with the Lease as well as Defendant's impermissib
the Apartment for short term rentals.
attorne
35. Plaintiff has and will continue to incur costs, including
connection with: (i) adjudicating the four violations issued by DOB; and (ii)
and prosecuting this action.
36. By reason of the foregoing, Plaintiff is entitled to a money ju
amount to be determined at trial but in no event less than $75,000.
WHEREFORE, Plaintiff demands judgment as follows:
(i) on the first cause of action, issuing a declaration
that Defendant's operation of an illegal hotel and/or
bed and breakfast out of the Apartment is in
violations
8 of 9 of: (a) substantial obligations of his
FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
business purposes and/or commercial use by renting
the Apartment, in whole or part, to transients for
profit; (c) soliciting, advertising, taking reservations
and renting out the Apartment, in whole or part, to
transients; and (d) providing unfettered access to,
from, and within the
Building to transients who are
not lawful occupants of the Building;
(iii) on the third cause of action, issuing an order
ejecting Defendants, their agents, servants, and all
persons claiming under them be immediately ejected
from the Apartment and immediately restoring
Plaintiff to possession of the Apartment and
awarding Plaintiff its damages;
(iv) on the fourth cause of action, a money judgment in
favor of Plaintiff and against Defendant in an amount
to be determined at trial but in no event less than
$100,000;
(v) on the fifth cause of action, a money judgment in
favor of Plaintiff and against Defendant in an amount
to be determined at trial but in no event less than
$75,000; and
(vi) granting Plaintiff such other and further relief this
Court may deem just and proper.
Dated: New York, New York
July 17, 2019
LAW OFFICE OF ALLISON M. FUR
Attorneys for Plaintiff
15th
260 Madison Avenue, flOOr
New York, New York 10016
(212) 684-9400
9 of 9
Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------- ------------------------X GEMMA HOLDINGS LLC, : Index No.: : Date Purcha : Plaintiff, : SU - against - : : Plaintiff desi ADRIAN RODRIGUEZ, : County as the : basis of the Defendant. : the principal : business. : : Plaintiff's Ad : 347 Fifth Ave : New York, ---------------------------------------- --------------------X To the above named defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this serve a copy of your answer, or, if the complaint is not served with this summ a notice of appearance on the plaintiff's attorneys within twenty (20) days this summons, exclusive of the day of service (or within thirty (30) days af is complete if this summons is not personally delivered to you within the York); and in case of your failure to appear or answer, judgment will be take by default for the relief demanded in the complaint. 1 of 9 Dated: New York, New York FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 Defendant's Address: Adrian Rodriguez 137 Sullivan Street Apartment 22 New York, New York 10012 2 2 of 9 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X GEMMA HOLDINGS LLC, : Index No.: : Date Purchased Plaintiff, : - against - : : COM ADRIAN RODRIGUEZ, : Defendant. : -----------------------------------X Plaintiff Gemma Holdings LLC, by its attorneys, the Law Office Furman, P.C., as and for its Complaint against defendant, alleges as follows: THE PARTIES 1. Plaintiff Gemma Holdings LLC ("Plaintiff") is a New York company with an address at 347 Fifth Avenue, Suite 300, New York, New 2. Upon information and belief, defendant Adrian Rodriguez ("D an individual with an address at 137 Sullivan Street, Apartment 22, New Yo 10012. BACKGROUND FACTS 3. Plaintiff is the owner and landlord of the building known as 137 Sullivan Street, New York, New York (the "Building"). 4. Defendant is the tenant of Apartment 22 in the Building (the 3 of 9 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 continuous basis to transient visitors for stays of less than thirty (30) days weekly rate. 6. On or about July 2, 2019, the New York City Department ("DOB") issued four violations to Plaintiff in which it alleges that the Building used in a code compliant manner because the Apartment is impermissibly transient purposes. 7. Defendant's use of the Apartment as an illegal hotel and/or bed materially diverges from the character of the Building and seriously threatens interest in the Apartment and Building. 8. Defendant's use of the Apartment as an illegal hotel and/or bed significantly compromises the safety and security of the Building's occupan children. 9. The Apartment is not properly equipped with the proper fire safet required of hotels in the City of New York, such that Defendant's use of the an illegal hotel and/or bed and breakfast presents a danger to the public healt welfare. 10. Plaintiff has never granted permission for Defendant to occupancy agreements with any transient persons with respect to the Apartment 4 of 9 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 Building Code (the "Building Code") § 310.1.1; newly enacted Assembl A08704C and/or the certificate of occupancy ("CO") for the Building. 12. Notwithstanding the foregoing, upon information and belief continues to advertise, solicit, make available and allow transients to stay in for stays of less than thirty (30) days at a per night rate. AS AND FOR A FIRST CAUSE OF ACTION 13. Plaintiff repeats and re-alleges each of the allegations set forth "1" "12" through above as if fully set forth herein. 14. Defendant is renting the Apartment to transients for stays of (30) days. 15. A justicable controversy exists with respect to the allegations hereinabove which justifies the intervention of this Court and the declaratory by Plaintiff herein. 16. By reason of the foregoing, Plaintiff is entitled to a de Defendant's operation of an illegal hotel and/or bed and breakfast out of the in violation of: (a) substantial obligations of his tenancy; (b) MDL §4.8.a; 2004.a.8(a); (d) Building Code § 310.1.2; newly enacted Assembly Bill and/or (e) the CO. 5 of 9 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 18. Defendant continues to improperly use the Apartment for business purposes and/or commercial use by operating an illegal hotel and/or bed and breakfast out of the Apartment. 19. Upon information and belief, the Apartment is not properly equipped with the proper fire safety protections required of hotels in the City of New York. 20. As a result, Defendant's use of the Apartment as an illegal hotel and/or bed and breakfast presents a danger to the public health, safety and welfare. 21. Additionally, upon information and belief, Defendant's use of the Apartment as an illegal hotel and/or bed and breakfast significantly disturbs the Building's other occupants in the peaceful use of their apartments and creates a dangerous environment because, inter alia,Defendant has and continue to provide transients with unfettered access to, from, and within the Building. 22. Defendant's use of the Apartment as an illegalhotel and/or bed and breakfast materially diverges from the character of the Building and seriously threatens Plaintiffs interest in the Apartment and Building. 23. By reason of the foregoing, Plaintiff is entitled to a permanent injunction enjoining and restraining Defendant from: (a) operating an illegal hotel and/or bed and breakfast out ofthe Apartment; (b) using the Apartment, in whole or part, for impermissible business purposes and/or commercial use by renting the Apartment, in whole or part, to transients for profit; (c) soliciting, advertising, taking reservations and renting out the Apartment, in whole or part, to transients; and (d) providing unfettered access to, from, and within the Building to transients who are not lawful occupants of the Apartment and/or Building. 4 6 of 9 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 AS AND FOR A THIRD CAUSE OF ACTION 24. Plaintiff repeats and re-alleges each of the allegations set forth in paragraphs "1" "23" through above as if fully set forth herein. 25. Defendants have refused to vacate the Apartment and are willfully and wrongfully withholding possession of the Apartment from Plaintiff, the lawful owner of the Apartment. 26. Plaintiff has suffered and will continue to suffer damages by reason of the withholding of the Apartment and the possession thereof by Defendants, the full amount of which to be determined at trial. 27. By reason of the foregoing, Plaintiff is entitled to an order and judgment that Defendants, their agents, servants, and allpersons claiming under them be immediately ejected from the Apartment and that Plaintiff be immediately restored to possession of the Apartment and awarded its damages. AS AND FOR A FOURTH CAUSE OF ACTION 28. Plaintiff repeats and re-alleges each of the allegations set forth in paragraphs "1" "27" through above as if fully set forth herein. 29. Based upon Defendant's unlawful conduct, DOB issued four violations to Plaintiff. 30. Plaintiff is undoubtedly going to be fined due to Defendant's unlawful use of the Apartment. 31. Pursuant to the Short Term Rental Rider to the Lease, Defendant agreed to indemnify and hold Plaintiff harmless from all damages resulting from Tenant advertising and permitting the Apartment to be used for short term stays. 5 7 of 9 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 32. By reason of the foregoing, Plaintiff is entitled to a mon representing reimbursement of the fines imposed by DOB in an amount to by the Court but in no event less than $100,000. AS AND FOR A FIFTH CAUSE OFACTION 33. Plaintiff repeats and re-alleges each of the allegations set forth "1" "32" through above as if fully set forth herein. "20(c)" 34. Pursuant to Article as well as the Short Term Rental attorneys' is entitled to recover costs, including fees, incurred in con Defendant's failure to comply with the Lease as well as Defendant's impermissib the Apartment for short term rentals. attorne 35. Plaintiff has and will continue to incur costs, including connection with: (i) adjudicating the four violations issued by DOB; and (ii) and prosecuting this action. 36. By reason of the foregoing, Plaintiff is entitled to a money ju amount to be determined at trial but in no event less than $75,000. WHEREFORE, Plaintiff demands judgment as follows: (i) on the first cause of action, issuing a declaration that Defendant's operation of an illegal hotel and/or bed and breakfast out of the Apartment is in violations 8 of 9 of: (a) substantial obligations of his FILED: NEW YORK COUNTY CLERK 07/17/2019 02:05 PM INDEX NO. 157016/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 business purposes and/or commercial use by renting the Apartment, in whole or part, to transients for profit; (c) soliciting, advertising, taking reservations and renting out the Apartment, in whole or part, to transients; and (d) providing unfettered access to, from, and within the Building to transients who are not lawful occupants of the Building; (iii) on the third cause of action, issuing an order ejecting Defendants, their agents, servants, and all persons claiming under them be immediately ejected from the Apartment and immediately restoring Plaintiff to possession of the Apartment and awarding Plaintiff its damages; (iv) on the fourth cause of action, a money judgment in favor of Plaintiff and against Defendant in an amount to be determined at trial but in no event less than $100,000; (v) on the fifth cause of action, a money judgment in favor of Plaintiff and against Defendant in an amount to be determined at trial but in no event less than $75,000; and (vi) granting Plaintiff such other and further relief this Court may deem just and proper. Dated: New York, New York July 17, 2019 LAW OFFICE OF ALLISON M. FUR Attorneys for Plaintiff 15th 260 Madison Avenue, flOOr New York, New York 10016 (212) 684-9400 9 of 9