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
At IAS Part in the Supreme
State of New York for the C
York, at the Courthouse located
Street, New York, New York,
of July, 2019.
P R E S E N T:
Hon.
Justice
----------------------------------------------------------------------X
GEMMA HOLDINGS LLC, : Index No.:
:
Plaintiff, :
-against- : ORDER T
:
ADRIAN RODRIGUEZ, :
Defendant. :
---------------- --------------------------------------X
Upon the reading and filing
of the annexed emergency affirmation
Furman dated July 17, 2019, the affidavit of Issac Shaban sworn to on July
exhibits annexed thereto and upon the prior pleadings and proceedings
herein, it is
ORDERED, that defendant Adrian Rodriguez ("Defendant") or his
cause before this Court at IAS Part___, Room_at the courthouse located
Street, New York, New York at _ a.m./p.m. on July __, 2019 or as soon
counsel may be heard why an Order should not be entered herein as follows:
(i) pursuant to CPLR 6301 et. seq., enjoining and
4.8(a) of the Multiple Dwelling Law, Section 4.a.8.a
of the New York City Housing Maintenance Code,
Section 3101.1. of the New York City Building
Code, newly enacted Assembly Bill No. A08704C
and the certificate of occupancy for the building;
(ii) pursuant to CPLR 6301 et. seq., enjoining
and
restraining Defendant from breaching a substantial
obligation of his tenancy by using the Apartment, in
whole or in part, for impermissible business purposes
and/or commercial use by renting
out the Apartment
to tourist or other transient occupants in violation of
"22(b)"
Article "10(a)", and the Short Term Rental
Rider of the Lease, Section 4.8(a) of the Multiple
Dwelling Law, Section 4.a.8.a. of the New York City
Housing Maintenance Code, Section 3101.1. of the
New York City Building Code, newly enacted
Assembly Bill No. A08704C and the certificate of
occupancy for the building; and
(iii) granting to Plaintiff such other and further relief as
this Court deems just and proper; it is further
ORDERED, that pending the hearing and determination of this motion,
his agents, servants, partners, affiliates or successors or any person or en
behalf of or in concert with Defendant be, and the same are hereby restrained
from soliciting, advertising, taking
reservations and/or renting out the Apartme
or in part to tourists or transient visitors for stays less than thirty days and
unfettered access to, from and within the building to tourists or transient vis
not lawful occupants of the Apartment; and it is further
ORDERED, that this motion shall be orally argued by the parties, or
on the return date set forth in this Order to Show Cause and that opposing
shall e-filed at least three (3) business days prior to the return date.
E N T E R:
J.S.C.
Document Filed Date
July 17, 2019
Case Filing Date
July 17, 2019
Category
Other Matters - Contract - Other
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At IAS Part in the Supreme State of New York for the C York, at the Courthouse located Street, New York, New York, of July, 2019. P R E S E N T: Hon. Justice ----------------------------------------------------------------------X GEMMA HOLDINGS LLC, : Index No.: : Plaintiff, : -against- : ORDER T : ADRIAN RODRIGUEZ, : Defendant. : ---------------- --------------------------------------X Upon the reading and filing of the annexed emergency affirmation Furman dated July 17, 2019, the affidavit of Issac Shaban sworn to on July exhibits annexed thereto and upon the prior pleadings and proceedings herein, it is ORDERED, that defendant Adrian Rodriguez ("Defendant") or his cause before this Court at IAS Part___, Room_at the courthouse located Street, New York, New York at _ a.m./p.m. on July __, 2019 or as soon counsel may be heard why an Order should not be entered herein as follows: (i) pursuant to CPLR 6301 et. seq., enjoining and 4.8(a) of the Multiple Dwelling Law, Section 4.a.8.a of the New York City Housing Maintenance Code, Section 3101.1. of the New York City Building Code, newly enacted Assembly Bill No. A08704C and the certificate of occupancy for the building; (ii) pursuant to CPLR 6301 et. seq., enjoining and restraining Defendant from breaching a substantial obligation of his tenancy by using the Apartment, in whole or in part, for impermissible business purposes and/or commercial use by renting out the Apartment to tourist or other transient occupants in violation of "22(b)" Article "10(a)", and the Short Term Rental Rider of the Lease, Section 4.8(a) of the Multiple Dwelling Law, Section 4.a.8.a. of the New York City Housing Maintenance Code, Section 3101.1. of the New York City Building Code, newly enacted Assembly Bill No. A08704C and the certificate of occupancy for the building; and (iii) granting to Plaintiff such other and further relief as this Court deems just and proper; it is further ORDERED, that pending the hearing and determination of this motion, his agents, servants, partners, affiliates or successors or any person or en behalf of or in concert with Defendant be, and the same are hereby restrained from soliciting, advertising, taking reservations and/or renting out the Apartme or in part to tourists or transient visitors for stays less than thirty days and unfettered access to, from and within the building to tourists or transient vis not lawful occupants of the Apartment; and it is further ORDERED, that this motion shall be orally argued by the parties, or on the return date set forth in this Order to Show Cause and that opposing shall e-filed at least three (3) business days prior to the return date. E N T E R: J.S.C.