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At an IAS Part ____ of the Supreme Court of the
State of New York, held in and for the County
of New York at the Courthouse thereof located
at 60 Centre Street, New York, New York on
the _day
day of February 2018
P R E S E N T:
Hon.
Justice
------------------------------------------------------------x
DAVID M. APPELSON and IGOR ALTERN
Plaintiffs, Index No.:
-against- ORDER TO SHOW CAUSE
(Yellowstone Relief)
FORT TRYON APARTMENTS CORP.,
Defendant.
-------------------------------------------------------------x
Upon reading and filing the annexed Affirmation of JOSHUA BERRY, ESQ. dated
February 23, 2018, attorney for Plaintiffs, the Affidavit of DAVID M. APPELSON
sworn to on February 23, 2018, the Notices to Cure dated February 23, 2018 annexed
hereto as Exhibit "2", the Summons and Verified Complaint annexed hereto as Exhibit
"1", the remaining exhibits annexed hereto, and upon all papers and proceedings
heretofore had herein,
Let the Defendant FORT TRYON APARTMENTS CORP., or itscounsel show
cause before the Honorable at an IAS Part ____, Room
at the Courthouse located at 60 Centre Street, New York, New York, on the
day of March 2018, at 9:30 a.m or as soon thereafter as counsel can be heard, why an
order should not be made and entered herein:
a. staying and tolling the expiration of the cure period set forth in the Notices
"Notices"
to Cure (hereinafter "Notices") dated February 8, 2018, annexed hereto as
"2" "9"
Exhibit through regarding the following premises: 245 Bennet
Avenue, Apt 4A, New York, NY 10040, 4489 Broadway, Apt. 6G, New
York, NY 10040, 4489 Broadway, Apt. 7C, New York, NY 10040 (all
owned by Plaintiff Igor Altern) ; 4501 Broadway, Apt. 2H, New York, NY
10040, 4501 Broadway, Apt. 3H, New York, NY 10040, 4489 Broadway,
Apt. 3D, New York, NY 10040, 245 Bennett Avenue, Apt. 4B, New York,
NY 10040 (all owned by Plaintiff David M. Appelson); and 295 Bennett
Avenue, Apt. 2D, New York, NY 10040 (shown on the books of the Co-Op
Corp. as owned by Cecilia Sun (hereinafter "subject premises");
b. temporarily, preliminary and/or permanently, enjoining and restraining the
Defendant, and all persons known and unknown acting on its behalf or in
concert with it,in any manner or by any means, from taking any action to
terminate the Plaintiffs sublease and/or to commence summary proceedings
to evict the Plaintiff or to otherwise interfere with Plaintiffs possession of
the subject premises; and
c. awarding Plaintiff such other relief as this Court may deem just and proper,
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including, but not limited to, an award of Plaintiffs attorney's fees, costs
and disbursements; and furthermore
Pending the hearing and determination of this motion it is ordered that:
a. the running and expiration of the cure period referred to in the Defendant's
"Notices"
referred to herein and dated February 8, 2018 be stayed and
tolled; and
b. the Defendant, (its agents, servants, representatives and all other persons,
known or unknown, acting in its behalf or in concert with it, and any person
having knowledge of this action) be enjoined and restrained from taking
any action to evict the Plaintiff, to terminate the Plaintiffs lease and/or to
commence summary proceedings or to otherwise declare a default or take
any action adverse to Plaintiffs rights or otherwise disturb the Plaintiffs
possession of the subject premises based upon the Notices to Cure referred
to herein;
SUFFICIENT CAUSE BEING ALLEGED let service of a copy of this order,
together with the papers upon which it is based along with a separate copy of the
summons and complaint by certified mail, return receipt requested upon the Defendant
Fort Tryon Apartments Corp., at itoffices at located at c/o Midboro Management Inc.,
7th 5th
333 Avenue, Floor, New York, NY 10001 Attn: Michael J. Wolfe and upon
Rosenberg 4 Estis, P.C., 733 Third Avenue, New York, NY 10017, Attn: Michael A.
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Pensabene, Esq. on or before the ____ day of February 2018 be deemed good and
sufficient service thereof.
E N T E R:
J. S. C.
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Preview
At an IAS Part ____ of the Supreme Court of the State of New York, held in and for the County of New York at the Courthouse thereof located at 60 Centre Street, New York, New York on the _day day of February 2018 P R E S E N T: Hon. Justice ------------------------------------------------------------x DAVID M. APPELSON and IGOR ALTERN Plaintiffs, Index No.: -against- ORDER TO SHOW CAUSE (Yellowstone Relief) FORT TRYON APARTMENTS CORP., Defendant. -------------------------------------------------------------x Upon reading and filing the annexed Affirmation of JOSHUA BERRY, ESQ. dated February 23, 2018, attorney for Plaintiffs, the Affidavit of DAVID M. APPELSON sworn to on February 23, 2018, the Notices to Cure dated February 23, 2018 annexed hereto as Exhibit "2", the Summons and Verified Complaint annexed hereto as Exhibit "1", the remaining exhibits annexed hereto, and upon all papers and proceedings heretofore had herein, Let the Defendant FORT TRYON APARTMENTS CORP., or itscounsel show cause before the Honorable at an IAS Part ____, Room at the Courthouse located at 60 Centre Street, New York, New York, on the day of March 2018, at 9:30 a.m or as soon thereafter as counsel can be heard, why an order should not be made and entered herein: a. staying and tolling the expiration of the cure period set forth in the Notices "Notices" to Cure (hereinafter "Notices") dated February 8, 2018, annexed hereto as "2" "9" Exhibit through regarding the following premises: 245 Bennet Avenue, Apt 4A, New York, NY 10040, 4489 Broadway, Apt. 6G, New York, NY 10040, 4489 Broadway, Apt. 7C, New York, NY 10040 (all owned by Plaintiff Igor Altern) ; 4501 Broadway, Apt. 2H, New York, NY 10040, 4501 Broadway, Apt. 3H, New York, NY 10040, 4489 Broadway, Apt. 3D, New York, NY 10040, 245 Bennett Avenue, Apt. 4B, New York, NY 10040 (all owned by Plaintiff David M. Appelson); and 295 Bennett Avenue, Apt. 2D, New York, NY 10040 (shown on the books of the Co-Op Corp. as owned by Cecilia Sun (hereinafter "subject premises"); b. temporarily, preliminary and/or permanently, enjoining and restraining the Defendant, and all persons known and unknown acting on its behalf or in concert with it,in any manner or by any means, from taking any action to terminate the Plaintiffs sublease and/or to commence summary proceedings to evict the Plaintiff or to otherwise interfere with Plaintiffs possession of the subject premises; and c. awarding Plaintiff such other relief as this Court may deem just and proper, 2 including, but not limited to, an award of Plaintiffs attorney's fees, costs and disbursements; and furthermore Pending the hearing and determination of this motion it is ordered that: a. the running and expiration of the cure period referred to in the Defendant's "Notices" referred to herein and dated February 8, 2018 be stayed and tolled; and b. the Defendant, (its agents, servants, representatives and all other persons, known or unknown, acting in its behalf or in concert with it, and any person having knowledge of this action) be enjoined and restrained from taking any action to evict the Plaintiff, to terminate the Plaintiffs lease and/or to commence summary proceedings or to otherwise declare a default or take any action adverse to Plaintiffs rights or otherwise disturb the Plaintiffs possession of the subject premises based upon the Notices to Cure referred to herein; SUFFICIENT CAUSE BEING ALLEGED let service of a copy of this order, together with the papers upon which it is based along with a separate copy of the summons and complaint by certified mail, return receipt requested upon the Defendant Fort Tryon Apartments Corp., at itoffices at located at c/o Midboro Management Inc., 7th 5th 333 Avenue, Floor, New York, NY 10001 Attn: Michael J. Wolfe and upon Rosenberg 4 Estis, P.C., 733 Third Avenue, New York, NY 10017, Attn: Michael A. 3 Pensabene, Esq. on or before the ____ day of February 2018 be deemed good and sufficient service thereof. E N T E R: J. S. C. 4