City of NY v US Suite Mgt.
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City of NY v US Suite Mgt. 2015 NY Slip Op 32609(U) July 20, 2015 Supreme Court, New York County Docket Number: 450084/15 Judge: Charles E. Ramos 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 07/30/2015 11:35 AM 1] NYSCEF DOC. NO. 93 INDEX NO. 450084/2015 RECEIVED NYSCEF: 07/30/2015 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PART PRESENT: ~RA~M=O~S~--------- 53 Justice CITY OF NY INDEX NO. 450084/15 MOTION DATE -VMOTION SEQ. NO. US SUITE MANAGEMENT, et al 001 MOTION CAL. NO. w (.) The following papers, numbered 1 to ,were read on this motion to/for 1- en ::::> ...., Notice of Motion/Order to Show Cause - Affidavits - Exhibits 0 Answering Affidavits - Exhibits o w a::: a::: w Replying Affidavits l- w a::: >- ..:-:.. ....J~ ....JZ =>o LL en I- <:t: (.) w ~ a::: en <.9 wz a::: en 3: -0 w....J ....J en <:t: 0 (.) LL -w ZI 0 ··················································-·········································· ························································································································· No(s) ------- No(s) ------------- No(s) Upon the foregoing papers, it is ordered that this motion is LL I- ··········································· I- a::: Oo ~ LL The City of New York (the City) commenced this nuisance abatement action against defendant US Suite Management LLC d/b/a Metro Apartments to preliminarily enjoin it from illegally advertising, booking and providing illegal short-term occupancies of less than thirty days in a residential apartment building. The City maintains that the illegal rental of permanent residential dwelling units to serve "transient" occupants poses significant fire and safety risks. The motion is denied. The building at issue in this action, located at 440 West 41st Street (the Building) , was sold in March to an unrelated entity that is not a party to the action. Counsel for the City has claimed, in unverified correspondence to this Court, that there is evidence of an "apparent" relationship between the defendants, and the new owner, West 41 Property LLC. Defendants deny any such relationship, and the City has not adduced any evidence of such. Al though the City, alleges that additional violations and hazards are occurring at the building, injunctive relief against the former owners of the building would not serve to remedy such conditions, and thus, the motion is denied. Otherwise, the action continues as monetary damages against defendants. to claims for imposition of [* 2] DATED: J.S.C D 1. CHECK ONE 2. CHECK AS APPROPRIATE : MOTION IS: D 3. CHECK IF APPROPRIATE D DONOTPOST D CASE DISPOSED DGRANTED [3 lxxlDENIED SETTLE ORDER FIDUCIARY APPOINTMENT NON-FINAL DISPOSITION DGRANTED IN PART D SUBMIT ORDER D REFERENCE OoTHER
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