Preview
FILED: KINGS COUNTY CLERK 02/24/2021 11:43 AM INDEX NO. 504433/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
THE CITY OF NEW YORK,
SUMMONS
Plaintiff,
Index No.:
-against-
Filed On:
THE LAND AND BUILDING KNOWN AS 144
WYCKOFF AVENUE, TAX BLOCK #3270, TAX
LOT #38, COUNTY of KINGS, CITY and STATE
DOE"
of NEW YORK; GUNG DA INC.; JOHN and
DOE,"
"JANE fictitiously named parties, true names
unknown, the intended being the owners, lessees,
operators or occupants of the unmarked left side
apartment within the second floor of the residential
building located at 144 Wyckoff Avenue, New York;
and any person claiming any right, title or interest in
the real property which is the subject of this action,
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED TO ANSWER the complaint in this action and serve
a copy of your answer on plaintiffs attomey within twenty (20) days after the service of this
summons, exclusive of the day of service or within thirty (30) days after service is complete if this
summons is not personally delivered to you within the State of New York. In the case of your
failure to answer, judgnient will be taken against you by default for the relief demanded in the
complaint.
[The remainder of this page Intentionally left blank]
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The venue of this action designated by the plaintiff is Kings County, the county in which
the property affected by this action is located. Plaintiff designates Kings County as the place of
trial.
DATED: New York, New York
February 22, 2021
J E. JOHNSON, ESQ.
Corporation Counsel of the
City of New York
ERNEST F. HART, ESQ.
Deputy Commissioner, Legal Matters
New York City Police Dept.
Attorney for Plaintiff
By: MOHAMED D. QUHSHI, ESQ.
Two Lafayette St. - 5th Fl.
New York, New York 10007
917-454-1113
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
THE CITY OF NEW YORK,
VERIFIED COMPLAINT
Plaintiff,
Index No.:
-against-
Filed On:
THE LAND AND BUILDING KNOWN AS 144
WYCKOFF AVENUE, TAX BLOCK #3270, TAX
LOT #38, COUNTY of KINGS, CITY and STATE
DOE"
of NEW YORK; GUNG DA INC.; JOHN and
DOE,"
"JANE fictitiously named parties, true names
unknown, the intended being the owners, lessees,
operators or occupants of the unmarked left side
apartment within the second floor of the residential
building located at 144 Wyckoff Avenue, New York;
and any person claiming any right, title or inte est in
the real property which is the subject of this action,
Defendants.
Plaintiff, the City of New York, by its attorney, James E. Johnson, Corporation Counsel of
the City of New York, Ernest F. Hart, Deputy Commissioner for Legal Matters, New York City
Police Department, of counsel, alleges as follows upon information and belief:
INTRODUCTION
1. The plaintiff brings this action pursuant to and by the authority of Section 20 of
the General City Law, Section 394 of the New York City Charter and Sections 7-704 (a) and
7-706 (a) of the Administrative Code of the City of New York.
THE PARTIES
2. Plaintiff THE CITY OF NEW YORK is a municipal corporation incorporated
under the laws of the State of New York.
3. Defendant THE LAND AND BUILDING KNOWN AS 144 WYCKOFF
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AVENUE, TAX BLOCK #3270, TAX LOT #38, COUNTY of KINGS, CITY and STATE of
NEW YORK is the real property where the subject premises is located. The unmarked left side
apartment within the second floor of the residential building located at 144 Wyckoff Avenue,
Brooklyn, New York is the subject premises where the unlawful activities described herein have
taken place (hereinafter "subject premises").
4. Defendant GUNG DA INC. is the last recorded owner of the real property which is
the site of the subject premises according to a deed recorded in Kings County, Office of the City
Register.
DOE" DOE"
5. Defendants "JOHN and "JANE are fictitiously named parties, true
names unknown, the parties intended being any person or entity who is an owner, lessor, lessee,
operator, employee, agent and/or occüpañt of the subject premises, and any other person or entity
claiming any right, title or interest in the real property which is the site of the subject premises.
ILLEGAL ACTIVITY IN VIOLATION OF
ARTICLE 230 OF THE NYS PENAL LAW
6. According to the records of civilian complaints maintained by the New York City
Police Department, in September 2020, a member of the public reported to 911 that prostitution
was occurring at the subject premises.
7. As a result of the complaint, the NYPD opened an investigation of the subject
premises, and on two separate dates, an undercover officer observed violations of Section 230.00
of the New York State Penal Law, which prohibits prostitution.
8. On October 8, 2020, a female within the subject pramises agreed to engage in
sexual intercourse with an uñdercover officer in exchange for a sum of United States currency.
9. On October 22, 2020, a female within the subject premises agreed to engage in
sexual intercourse with an undercover officer in exchange for a sum of United States currency.
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10. Those individuals involved in the prostitution activity may still have access to the
subject premises, thus the opportunity for p ostitution activity and the consequential negative
effect on the surrounding community still exists. Accordingly, a closing order is necessary to abate
this serious public nuisance.
AS AND FOR A FIRST CAUSE OF ACTION
11. Plaintiff repeats and realleges, as if fully set forth herein at length, the facts
contained in the preceding paragraphs.
12. Pursuant to Section 7-703 of the Administrative Code, a public nuisance includes:
erection or place, one- or used
(a) Any building, including two-family dwellings,
for the purpose of prostitution as defined in section 230.00 of the penal law. Two
or more criminal convictions of persons for acts of prostitution in the building,
erection or one- or within the one-year
place, including two-family dwellings,
period preceding the commencement of an action under this chapter, shall be
presumptive evidence that the erection or one- or two-
building, place, including
family dwellings, is a public nuisance. In any action under this subdivision,
evidence of the common fame and general reputation of the building, erection or
one- or two-family of the inmates or occupants
place, inan¾g dwellings, thereof,
or of those resorting thereto, shall be conipetent evidence to prove the existence of
the public nuisance. If evidence of the general reputation of the building, erection
or one- or or of the inmates or occupants
place, including two-family dwellings,
thereof, is sufficient to establish the existence of the public nuisance, it shall be
prima facie evidence of knowledge thereof and acquiescence and participation
therein and responsibility for the nuisance, on the part of the owners, lessors, lessees
and all those in possession of or having charge of, as agent or otherwise, or having
any interest in any form in the property, real or personal, used in conducting or
maintaining the public nuisance.
13. Section 230.00 of the Penal Law states "[a] person is guilty of prostitution when
such person engages or agrees or offers to engage in sexual conduct with anotlier person in return
fee."
for a
14. Defendants have owned, leased, used, maintained or conducted the subject
premises for the purpose of prostitution, and have pernñtted, promoted, condoned or acquiesced
in the use of the subject premises for the illegal activity.
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15. Plaintiff asserts that defendants JOHN and/or JANE DOE, the tenant(s) of the
subject premises, have a duty to be aware of the prostitution activity at the subject premises
16. The public was aware of the use of the subject premises for prostitution as
evidenced by NYPD's receipt of a complaint alleging such criminal activity. Accordingly, it is
reasonable to infer that defendants JOHN DOE and/or JANE DOE, the tenant(s) of the subject
premises, were aware of or should have been aware of the prostitution activity at the subject
premises.
17. Pürsüãnt to Section 7-706 and Section 7-714 of the Administrative Code, plaintiff
is entitled to a judgment against defêñdants, their agents, assigns, employees and/or
representatives, and any and all persons acting individually or in concert with them, permanently
enjoining such public I-âñces; directing the sheriff to seize and remove from the subject
premises all material, equipment and instrumentalities used in the creation and maintêñance of the
public nuisance; and closi_ng the subject premises for a period of one year from the posting of the
judgment.
18. Defêñdañts have intentionally conducted, maintained or permitted the
aforementioned public nuisance.
19. Pursuant to Section 7-706(h) of the Administrative Code, plaintiff is entitled to a
judgment against defenrknts that each defendant a -penalty of 1,000.00 dollars for
ordering pay
each day that such defendant intentionally conducted, maintained or permitted the public nuisance.
AS AND FOR A SECOND CAUSE OF ACTION
20. Plaintiff repeats and realleges, as if fully set forth herein at length, the facts
contained in the preceding paragraphs.
21. Pursuant to Section 7-703 of the Administrative Code, a public nuisance includes
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erection or one- or wherein there is
"[a]ny building, place, indnÆng two-family dwellings,
law."
occurring a criminal nuisance as defined in section 240.45 of the penal
22. Section 240.45(2) of the Penal Law states that "[a] person is guilty of criminal
nuisance in the second degree when . . . [h]e knowingly conducts or maintains any premises,
conduct."
place or resort where persons gather for purposes of engaging in unlawful
23. The subject premises has been used for prostitution, as defined in Section 230.00
of the Penal Law.
24. Defendants have created a criminal nuisance pursuant to Penal Law §240.45(2) by
knowingly conducting or maintaining the subject premises as a place where persons gather for
purposes of prostitution, as defined in Penal Law § 230.00.
25. Plaintiff asserts that defendants JOHN DOE and/or JANE DOE, the tenant(s) of the
subject premises, have a duty to be aware of the prostitution at the subject premises.
26. The public was aware of the use of the subject premises for prostitution as
evidenced by NYPD's receipt of a complaint alleging such criminal activity. Accordingly, it is
reasonable to infer that defendants JOHN DOE and/or JANE DOE, the tcñant(s) of the subject
premises, were aware of or should have been aware of the pmstitution activity at the subject
premises.
27. By virtue of the foregoing, there exists a public nüisance at the subject premises.
28. Pursuant to Sections 7-706 and 7-714 of the Administrative Code, plaintiff is
entitled to a judgment against defendants, their agents, assigns, employees and/or representatives,
and and all persons acting individually or in concert with them, permanently enjoining such
any
public nuisance; directing the sheriff to seize and remove from the subject premises all material,
equipment and instrumentalities used in the creation and mainteñäñce of the public nuisance; and
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closing the subject premises for a period of one year from the posting of the judgment.
29. Deféñdants have intentionally conducted, maintained or permitted the
aforementioned public nuisance.
30. Pursuant to Section 7-706(h) of the Administrative Code, plaintiff is entitled to a
judgment against defendants ordering that each defendant pay a penalty of $1,000.00 dollars for
each day that such defendaat intentionally conducted, maintained or permitted the public nuisance.
WHEREFORE, plaintiff demands judgment against defendants as follows:
a. With respect to the FIRST CAUSE OF ACTION, directing that the subject
premises described herein and made a defendant in this action shall be permañéñtly and perpetually
enjoined as a place which is conducted, maintained or permitted to be a public nuisance, by the
defendants, their agents, assigns, employees and/or representatives, and any and all persons acting
individually or in concert with them; directing the sheriff to seize and remove from the subject
premises all material, equipment and instrumentalities used in the creation and maiñte.ñance of the
public nuisance; directing that the subject premises, which has been conducted and maintained as
a public nuisance, shall be closed against all use for a period of one year from the date of the
posting of the judgment herein, pursuant to Section 7-714(c) of the Administrative Code, unless
sooner released as provided by law; and awarding to plaintiff civil penalties in the amount of
$1,000.00 dollars from each defendañt for each and every day that such defendant intentionally
conducted, maintained or permitted the public nuisance;
b. With respect to the SECOND CAUSE OF ACTION, directing that the subject
premises described herein and made a defendant in this action shall be permanently and perpetually
enjoined as a place which is conducted, maintained or permitted to be a public ñüisance, by
defendants, their agents, assigns employees and/or representatives, and any and all persons acting
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individually or in concert with them; directing the sheriff to seize and remove from the subject
premises all material, equipment and instrumentalities used in the creation and maintenance of the
public nuisance; directing that the subject premises, which has been conducted and maintened as
a public nuisance, shall be closed against all use for a period of one year from the date of the
posting of the judgment herein, pursuant to Section 7-714(c) of the Administrative Code, unless
sooner released as provided by law; and awarding to plaintiff civil penalties in the amount of
$1,000.00 dollars from each defendant for each and every day that such defendãñt intentionally
conducted, maintained or permitted the public nuisance;
c. Taxing and allowing plaintiff's costs and disbursements against defendants
pursuant to the Civil Practice Law and Rules, and directing that plaintiff have execution therefor;
d. Taxing and allowing plaintiff s actual cost, expenses and disbursements in
investigating, bringing and maintaining the action, pursuant to Administrative Code § 7-714 (g),
and directing that plaintiff have execution therefor; and
e. Granting to plaintiff such other and further relief as the Court may deem just and
proper and equitable.
DATED: New York, New York
February 22, 2021
JAME E. JOHNSON, ESQ.
Corporation Counsel of the
City of New York
ERNEST F. HART, ESQ.
Deputy Commissioner, Legal Matters
New York City Police Dept.
Attorney for Plaintiff
By: MOHAMED D. QUHSHI, ESQ.
Two Lafayette St. - 5th FL
New York, New York 10007
(917) 454-1113
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Preview
FILED: KINGS COUNTY CLERK 02/24/2021 11:43 AM INDEX NO. 504433/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS THE CITY OF NEW YORK, SUMMONS Plaintiff, Index No.: -against- Filed On: THE LAND AND BUILDING KNOWN AS 144 WYCKOFF AVENUE, TAX BLOCK #3270, TAX LOT #38, COUNTY of KINGS, CITY and STATE DOE" of NEW YORK; GUNG DA INC.; JOHN and DOE," "JANE fictitiously named parties, true names unknown, the intended being the owners, lessees, operators or occupants of the unmarked left side apartment within the second floor of the residential building located at 144 Wyckoff Avenue, New York; and any person claiming any right, title or interest in the real property which is the subject of this action, Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED TO ANSWER the complaint in this action and serve a copy of your answer on plaintiffs attomey within twenty (20) days after the service of this summons, exclusive of the day of service or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In the case of your failure to answer, judgnient will be taken against you by default for the relief demanded in the complaint. [The remainder of this page Intentionally left blank] 1 of 10 FILED: KINGS COUNTY CLERK 02/24/2021 11:43 AM INDEX NO. 504433/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2021 The venue of this action designated by the plaintiff is Kings County, the county in which the property affected by this action is located. Plaintiff designates Kings County as the place of trial. DATED: New York, New York February 22, 2021 J E. JOHNSON, ESQ. Corporation Counsel of the City of New York ERNEST F. HART, ESQ. Deputy Commissioner, Legal Matters New York City Police Dept. Attorney for Plaintiff By: MOHAMED D. QUHSHI, ESQ. Two Lafayette St. - 5th Fl. New York, New York 10007 917-454-1113 2 of 10 FILED: KINGS COUNTY CLERK 02/24/2021 11:43 AM INDEX NO. 504433/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS THE CITY OF NEW YORK, VERIFIED COMPLAINT Plaintiff, Index No.: -against- Filed On: THE LAND AND BUILDING KNOWN AS 144 WYCKOFF AVENUE, TAX BLOCK #3270, TAX LOT #38, COUNTY of KINGS, CITY and STATE DOE" of NEW YORK; GUNG DA INC.; JOHN and DOE," "JANE fictitiously named parties, true names unknown, the intended being the owners, lessees, operators or occupants of the unmarked left side apartment within the second floor of the residential building located at 144 Wyckoff Avenue, New York; and any person claiming any right, title or inte est in the real property which is the subject of this action, Defendants. Plaintiff, the City of New York, by its attorney, James E. Johnson, Corporation Counsel of the City of New York, Ernest F. Hart, Deputy Commissioner for Legal Matters, New York City Police Department, of counsel, alleges as follows upon information and belief: INTRODUCTION 1. The plaintiff brings this action pursuant to and by the authority of Section 20 of the General City Law, Section 394 of the New York City Charter and Sections 7-704 (a) and 7-706 (a) of the Administrative Code of the City of New York. THE PARTIES 2. Plaintiff THE CITY OF NEW YORK is a municipal corporation incorporated under the laws of the State of New York. 3. Defendant THE LAND AND BUILDING KNOWN AS 144 WYCKOFF 3 of 10 FILED: KINGS COUNTY CLERK 02/24/2021 11:43 AM INDEX NO. 504433/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2021 AVENUE, TAX BLOCK #3270, TAX LOT #38, COUNTY of KINGS, CITY and STATE of NEW YORK is the real property where the subject premises is located. The unmarked left side apartment within the second floor of the residential building located at 144 Wyckoff Avenue, Brooklyn, New York is the subject premises where the unlawful activities described herein have taken place (hereinafter "subject premises"). 4. Defendant GUNG DA INC. is the last recorded owner of the real property which is the site of the subject premises according to a deed recorded in Kings County, Office of the City Register. DOE" DOE" 5. Defendants "JOHN and "JANE are fictitiously named parties, true names unknown, the parties intended being any person or entity who is an owner, lessor, lessee, operator, employee, agent and/or occüpañt of the subject premises, and any other person or entity claiming any right, title or interest in the real property which is the site of the subject premises. ILLEGAL ACTIVITY IN VIOLATION OF ARTICLE 230 OF THE NYS PENAL LAW 6. According to the records of civilian complaints maintained by the New York City Police Department, in September 2020, a member of the public reported to 911 that prostitution was occurring at the subject premises. 7. As a result of the complaint, the NYPD opened an investigation of the subject premises, and on two separate dates, an undercover officer observed violations of Section 230.00 of the New York State Penal Law, which prohibits prostitution. 8. On October 8, 2020, a female within the subject pramises agreed to engage in sexual intercourse with an uñdercover officer in exchange for a sum of United States currency. 9. On October 22, 2020, a female within the subject premises agreed to engage in sexual intercourse with an undercover officer in exchange for a sum of United States currency. 4 of 10 FILED: KINGS COUNTY CLERK 02/24/2021 11:43 AM INDEX NO. 504433/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2021 10. Those individuals involved in the prostitution activity may still have access to the subject premises, thus the opportunity for p ostitution activity and the consequential negative effect on the surrounding community still exists. Accordingly, a closing order is necessary to abate this serious public nuisance. AS AND FOR A FIRST CAUSE OF ACTION 11. Plaintiff repeats and realleges, as if fully set forth herein at length, the facts contained in the preceding paragraphs. 12. Pursuant to Section 7-703 of the Administrative Code, a public nuisance includes: erection or place, one- or used (a) Any building, including two-family dwellings, for the purpose of prostitution as defined in section 230.00 of the penal law. Two or more criminal convictions of persons for acts of prostitution in the building, erection or one- or within the one-year place, including two-family dwellings, period preceding the commencement of an action under this chapter, shall be presumptive evidence that the erection or one- or two- building, place, including family dwellings, is a public nuisance. In any action under this subdivision, evidence of the common fame and general reputation of the building, erection or one- or two-family of the inmates or occupants place, inan¾g dwellings, thereof, or of those resorting thereto, shall be conipetent evidence to prove the existence of the public nuisance. If evidence of the general reputation of the building, erection or one- or or of the inmates or occupants place, including two-family dwellings, thereof, is sufficient to establish the existence of the public nuisance, it shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance, on the part of the owners, lessors, lessees and all those in possession of or having charge of, as agent or otherwise, or having any interest in any form in the property, real or personal, used in conducting or maintaining the public nuisance. 13. Section 230.00 of the Penal Law states "[a] person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with anotlier person in return fee." for a 14. Defendants have owned, leased, used, maintained or conducted the subject premises for the purpose of prostitution, and have pernñtted, promoted, condoned or acquiesced in the use of the subject premises for the illegal activity. 5 of 10 FILED: KINGS COUNTY CLERK 02/24/2021 11:43 AM INDEX NO. 504433/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2021 15. Plaintiff asserts that defendants JOHN and/or JANE DOE, the tenant(s) of the subject premises, have a duty to be aware of the prostitution activity at the subject premises 16. The public was aware of the use of the subject premises for prostitution as evidenced by NYPD's receipt of a complaint alleging such criminal activity. Accordingly, it is reasonable to infer that defendants JOHN DOE and/or JANE DOE, the tenant(s) of the subject premises, were aware of or should have been aware of the prostitution activity at the subject premises. 17. Pürsüãnt to Section 7-706 and Section 7-714 of the Administrative Code, plaintiff is entitled to a judgment against defêñdants, their agents, assigns, employees and/or representatives, and any and all persons acting individually or in concert with them, permanently enjoining such public I-âñces; directing the sheriff to seize and remove from the subject premises all material, equipment and instrumentalities used in the creation and maintêñance of the public nuisance; and closi_ng the subject premises for a period of one year from the posting of the judgment. 18. Defêñdañts have intentionally conducted, maintained or permitted the aforementioned public nuisance. 19. Pursuant to Section 7-706(h) of the Administrative Code, plaintiff is entitled to a judgment against defenrknts that each defendant a -penalty of 1,000.00 dollars for ordering pay each day that such defendant intentionally conducted, maintained or permitted the public nuisance. AS AND FOR A SECOND CAUSE OF ACTION 20. Plaintiff repeats and realleges, as if fully set forth herein at length, the facts contained in the preceding paragraphs. 21. Pursuant to Section 7-703 of the Administrative Code, a public nuisance includes 6 of 10 FILED: KINGS COUNTY CLERK 02/24/2021 11:43 AM INDEX NO. 504433/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2021 erection or one- or wherein there is "[a]ny building, place, indnÆng two-family dwellings, law." occurring a criminal nuisance as defined in section 240.45 of the penal 22. Section 240.45(2) of the Penal Law states that "[a] person is guilty of criminal nuisance in the second degree when . . . [h]e knowingly conducts or maintains any premises, conduct." place or resort where persons gather for purposes of engaging in unlawful 23. The subject premises has been used for prostitution, as defined in Section 230.00 of the Penal Law. 24. Defendants have created a criminal nuisance pursuant to Penal Law §240.45(2) by knowingly conducting or maintaining the subject premises as a place where persons gather for purposes of prostitution, as defined in Penal Law § 230.00. 25. Plaintiff asserts that defendants JOHN DOE and/or JANE DOE, the tenant(s) of the subject premises, have a duty to be aware of the prostitution at the subject premises. 26. The public was aware of the use of the subject premises for prostitution as evidenced by NYPD's receipt of a complaint alleging such criminal activity. Accordingly, it is reasonable to infer that defendants JOHN DOE and/or JANE DOE, the tcñant(s) of the subject premises, were aware of or should have been aware of the pmstitution activity at the subject premises. 27. By virtue of the foregoing, there exists a public nüisance at the subject premises. 28. Pursuant to Sections 7-706 and 7-714 of the Administrative Code, plaintiff is entitled to a judgment against defendants, their agents, assigns, employees and/or representatives, and and all persons acting individually or in concert with them, permanently enjoining such any public nuisance; directing the sheriff to seize and remove from the subject premises all material, equipment and instrumentalities used in the creation and mainteñäñce of the public nuisance; and 7 of 10 FILED: KINGS COUNTY CLERK 02/24/2021 11:43 AM INDEX NO. 504433/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2021 closing the subject premises for a period of one year from the posting of the judgment. 29. Deféñdants have intentionally conducted, maintained or permitted the aforementioned public nuisance. 30. Pursuant to Section 7-706(h) of the Administrative Code, plaintiff is entitled to a judgment against defendants ordering that each defendant pay a penalty of $1,000.00 dollars for each day that such defendaat intentionally conducted, maintained or permitted the public nuisance. WHEREFORE, plaintiff demands judgment against defendants as follows: a. With respect to the FIRST CAUSE OF ACTION, directing that the subject premises described herein and made a defendant in this action shall be permañéñtly and perpetually enjoined as a place which is conducted, maintained or permitted to be a public nuisance, by the defendants, their agents, assigns, employees and/or representatives, and any and all persons acting individually or in concert with them; directing the sheriff to seize and remove from the subject premises all material, equipment and instrumentalities used in the creation and maiñte.ñance of the public nuisance; directing that the subject premises, which has been conducted and maintained as a public nuisance, shall be closed against all use for a period of one year from the date of the posting of the judgment herein, pursuant to Section 7-714(c) of the Administrative Code, unless sooner released as provided by law; and awarding to plaintiff civil penalties in the amount of $1,000.00 dollars from each defendañt for each and every day that such defendant intentionally conducted, maintained or permitted the public nuisance; b. With respect to the SECOND CAUSE OF ACTION, directing that the subject premises described herein and made a defendant in this action shall be permanently and perpetually enjoined as a place which is conducted, maintained or permitted to be a public ñüisance, by defendants, their agents, assigns employees and/or representatives, and any and all persons acting 8 of 10 FILED: KINGS COUNTY CLERK 02/24/2021 11:43 AM INDEX NO. 504433/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2021 individually or in concert with them; directing the sheriff to seize and remove from the subject premises all material, equipment and instrumentalities used in the creation and maintenance of the public nuisance; directing that the subject premises, which has been conducted and maintened as a public nuisance, shall be closed against all use for a period of one year from the date of the posting of the judgment herein, pursuant to Section 7-714(c) of the Administrative Code, unless sooner released as provided by law; and awarding to plaintiff civil penalties in the amount of $1,000.00 dollars from each defendant for each and every day that such defendãñt intentionally conducted, maintained or permitted the public nuisance; c. Taxing and allowing plaintiff's costs and disbursements against defendants pursuant to the Civil Practice Law and Rules, and directing that plaintiff have execution therefor; d. Taxing and allowing plaintiff s actual cost, expenses and disbursements in investigating, bringing and maintaining the action, pursuant to Administrative Code § 7-714 (g), and directing that plaintiff have execution therefor; and e. Granting to plaintiff such other and further relief as the Court may deem just and proper and equitable. DATED: New York, New York February 22, 2021 JAME E. JOHNSON, ESQ. Corporation Counsel of the City of New York ERNEST F. HART, ESQ. Deputy Commissioner, Legal Matters New York City Police Dept. Attorney for Plaintiff By: MOHAMED D. QUHSHI, ESQ. Two Lafayette St. - 5th FL New York, New York 10007 (917) 454-1113 9 of 10