Collins v Zouvelos

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Collins v Zouvelos 2012 NY Slip Op 33663(U) July 9, 2012 Supreme Court, New York County Docket Number: 153165/12 Judge: Ellen M. Coin Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. This opinion is uncorrected and not selected for official publication. [*FILED: NEW YORK COUNTY CLERK 07/10/2012 1] INDEX NO. 153165/2012 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/10/2012 SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY Cot'N PRESENT: PART Justice HON ELLEN ll4. bu!!"J INDEX NO. MOTION DATE -vMOTION SEQ. NO. c/ I MOTION CAL. NO. The following papers, numbered 1 to _ _ were read on this motion to/for PAPERS NUMBERED Notice of Motion/ Order to Show Cause - Affidavits - - Answering Affidavits - VJ <( Cross-Motion: a: Upon the foregoing papers, it is ordered that this motion VJ 2 0 Exhibits Exhibits ... ------------- Rep Iyin g A f f i d a v i t s - - - - - - - - - - - - - - - - - D Yes ci1'No w CJ wz t:= ~ VJ ...J (.) :l ...J MOT£0N IS DECIDED rN ACCORDANCE WITH THE ANNEXED DECISION AND ORDER. .., 0 0 u. t-w c J: w .... a: a: a: 0 ~ u. w a: > ...J /', . c~ S ...J :l u. .... (.) w Q. VJ w a: VJ w VJ <( (.) HON. ELLEN M. COIN 2 0 t:= Check one: :E Check if appropriate: 0 0 0 FINAL DISPOSITION ~NON-FINAL DISPOSITION [J DO NOT POST SUBMIT ORDER/ JUDG. J.s.c. 0 [J REFERENCE SETTLE ORDER/ JUDG. [* 2] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------)( WAYNE DAVID COLLINS, MYBAIL INC. d/b/a MY BAIL BONDS, WAYNE DAVID COLLINS d/b/a MY BAIL BONDS, and AFFORDABLE BAILS NY, INC., Index No.: 153165/2012 Subm.: June 13. 2012 Mot. Seq.: 001and002 Plaintiffs, DECISION and ORDER -againstGEORGE ZOUVELOS, SPARTAN BAIL BONDS AGENCY, INC., and VERIZON COMMUNICATIONS, INC., Defendants. ----------------------------------------------------------------)( For Plaintiffs : Dustin Bowman, Esq., P.C. By Dustin Bowman, Esq. 125-10 Queens Boulevard, Suite 218 Kew Gardens, New York 11415 718-263-6800 For Defendant: Law Offices of J. Mainiero By Joseph J. Mainiero, Esq. 305 Broadway, Ste. 402 New York, New York 10007 212-267-6611 Papers considered in review of Motion Sequences 00 I and 002: Papers Numbered Order to Show Cause and Affidavits Annexed ........................................................ _!_ Zouvelos Affid. in Opposition ................................................................................ _2_ Memo in Reply ....................................................................................................... _3_ ELLEN M. COIN, J.: In motion sequence 001 plaintiffs Collins and My Bail Inc. move for an order ( l) enforcing a license agreement and granting exclusive use and occupancy to them of the south storefront at 81 Baxter Street, New York, NY (the "Premises"), and (2) temporarily and permanently enjoining defendants Zoulevos and Spartan Bail Bonds Agency, Inc. ("Spartan") from using or possessing the Premises without a warrant of eviction or written permission of plaintiffs. 1 [* 3] In motion sequence 002 all plaintiffs move for an order (I) directing defendant Verizon Communications, Inc. ("Verizon") to permit exclusive possession of certain telephone numbers; (2) directing defendants Zouvelos and Spartan to deliver to plaintiffs all property, cash and equipment not referenced in the agreement dated January 27, 2012; (3) directing defendants Zouvelos and Spartan to cease conducting business at the Premises; (4) directing defendants Zouvelos and Spartan to inform individuals bonded by plaintiffs to check in at another location of Affordable Bails New York, Inc.; (5) directing Verizon to deliver possession and control of certain phone numbers to plaintiffs; and (6) directing Verizon not to release or to destroy the said phone numbers. Motion sequences 001 and 002 are joined for disposition. Plaintiff Affordable Bails New Yark, Inc. was not a party to the Agreement of Sale that is the subject of this action. According to the Amended Complaint, it is a subtenant of plaintiff Collins. However, it has no relationship, contractual or otherwise, with any of the defendants, and thus no standing here. Accordingly, to the extent that it seeks relief in motion sequence 002, such relief is denied. Verizon has been duly served with the papers comprising.plaintiffs' application in motion sequence 002, but has not appeared or responded thereto. Upon its default, the Court grants so much of plaintiffs' application as seeks preservation of the subject telephone numbers by defendant Verizon. As to motion sequence 001, in order to obtain preliminary injunctive relief, the movant must show (I) a likelihood of success on the merits of the action; (2) the danger of irreparable injury in the absence of preliminary injunctive relief; and (3) a balance of equities in its favor. (See, e.g., Nobu Next Door, LLC v Fine Arts Housing, Inc., 4 NY3d 839, 840 [2005]). 2 [* 4] The amended complaint alleges seven causes of action. Each of the First through Fifth and Seventh Causes of Action seeks solely monetary relief. 1 Plaintiffs Collins and MyBail Inc. have failed to establish irreparable injury, since they can be compensated by money damages upon such causes of action. (WHG CS, LLC v LSREF Summer REO Trust 2009, 79 AD3d 629, 630 [l st Dept 2010]; GFI Sec., LLC v Tradition Asiel Sec., Inc., 61AD3d586 [1st Dept 2009]). In the absence of irreparable injury, the Court cannot grant injunctive relief. In accordance with the foregoing, it is ORDERED that the motion of plaintiffs Collins and My Bail Inc. for a preliminary injunction (1) enforcing the license agreement and permitting exclusive use and occupancy to them of the Premises and (2) preventing defendants Zouvelos and Spartan from using or possessing the Premises is denied; and it is further ORDERED that the motion of plaintiffs Collins and My Bail Inc. for a preliminary injunction directing defendant Verizon not to release or destroy the phone numbers 212-608-6200, 212-2279610, 212-227-9654 and 212-732-2258 (the "Phone Numbers") is granted; and it is further ORDERED that the motions of Affordable Bails New York Inc. are denied; and it is further ORDERED that the motions of plaintiffs Collins and My Bail Inc. for a preliminary injunction directing Verizon to permit exclusive possession to them and to tum over possession and control of the Phone Numbers are denied; and it is further ORDERED that the motions of plaintiffs Collins and My Bail Inc. for a preliminary injunction (1) directing defendants Zouvelos and Spartan to tum over all property, cash and equipment not 1 The Sixth Cause of Action, which seeks a permanent injunction, is addressed solely to defendant Verizon. 3 [* 5] referenced in the Agreement; (2) directing Zouvelos and Spartan to cease conducting business at the Premises; (3) directing defendants Zouvelos and Spartan to inform individuals bonded by plaintiffs Collins and MyBail Inc. to check in at another location of Affordable Bail Bonds, New York, are denied; and it is further ORDERED that counsel for the parties are directed to appear for a preliminary conference on August 29, 2012 at2:00 p.m at IAS Part 63, Room 311, 71 Thomas Street, New York, New York. This Constitutes the Decision and Order of the Court. ENTER: Dated: - - - - - Ellen M. Coin, A.J.S.C. 4

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