MRKTPL Empire Outlets LLC v Brais

Annotate this Case

Download PDF

MRKTPL Empire Outlets LLC v Brais 2019 NY Slip Op 33029(U) October 8, 2019 Supreme Court, New York County Docket Number: 653336/2019 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 10/09/2019 03:07 PM INDEX NO. 653336/2019 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 10/09/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY IAS MOTION 59EFM PART HON. DEBRA A. JAMES PRESENT: Justice ---------------------------------------------------------------------------------X MRKTPL EMPIRE OUTLETS LLC,DAWN HOLDING LLC,MANUEL DEL CASTILLO, and JAMIE HINOJOS, INDEX NO. 653336/2019 MOTION DATE 08/10/2019 MOTION SEQ. NO. Petitioners, 001 -vDEICISION + ORDER ON MOTION MICHAEL BRAIS, Respondent. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 14, 19, 22, 23, 24, 27,28,29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39,40,41,42,43,44,45,46, 47,67,68,69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87 INJUNCTION/RESTRAINING ORDER were read on this motion to/for ORDER Upon the foregoing documents, It appearing to this Court that there is no cause of action existing in favor of respondent and against petitioners, as respondent has yet to interpose any answer or counterclaim, to the extent the respondent moves by cross motion for a provisional remedy, such cross motion is denied; and it is further It appearing to this Court that pursuant to CPLR § 7502(c) a cause of action exists in favor of the petitioners and against the respondent and that the petitioners are entitled to a preliminary injunction on the ground that the respondent threatens or is about to do, done, or is doing or procuring or suffering to be an act in violation of the petitioners' 653336/2019 MRKTPL EMPIRE OUTLETS LLC vs. BRAIS, MICHAEL Motion No. 001 1 of 4 rights respecting Page 1 of4 [*FILED: 2] NEW YORK COUNTY CLERK 10/09/2019 03:07 PM INDEX NO. 653336/2019 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 10/09/2019 the subject of the action/proceeding and tending to render the judgment ineffectual, as set forth in the aforesaid decision, the petitioners have demanded and would be entitled to a judgment restraining the respondent from the commission or continuance of an act, which, if committed or continued during the pendency of the action/proceeding, would produce injury to the petitioners, as set forth in the aforesaid decision], it is ORDERED that the undertaking is fixed in the sum of $ to be determined at a hearing as set forth below conditioned that the petitioners, if it is finally determined that they were not entitled to an injunction, will pay to the respondent all damages and costs which may be sustained by reason of this injunction; and it is further ORDERED that respondent, his agents, servants, employees and all other and/or persons direction acting of under the jurisdiction, supervision respondent, are enjoined restrained, and during the pendency of this action, from doing or suffering to be done, directly or through any attorney, agent, servant, employee or other person under the supervision or control of respondent or otherwise, any of the following acts: ( 1) From performing any actions for MRKTPL (MRKTPL) , Empire Outlets LLC or on behalf of including, without limitation communicating with contractors or vendors under contract 653336/2019 MRKTPL EMPIRE OUTLETS LLC vs. BRAIS, MICHAEL Motion No. 001 2 of 4 with MRKPTL for Page 2 of 4 the [*FILED: 3] NEW YORK COUNTY CLERK 10/09/2019 03:07 PM NYSCEF DOC. NO. 103 INDEX NO. 653336/2019 RECEIVED NYSCEF: 10/09/2019 Empire Outlets project, communication with current or prospective MRKPTL subtenants, drawing upon any accounts controlled by MRKTPL, entering into any agreements or contracts for or on behalf of MRKTPL, approving any indebtedness or any refinancing of indebtedness for or on behalf of MRKTPL, or taking any Major Decision as defined in Schedule 5.l(s) of the Operating Agreement; and it is further ORDERED that respondent, his agents, servants, employees and all other persons acting under the jurisdiction, supervision and/or direction of respondent, are compelled, during the pendency of this action/proceeding, to do or suffer to be done, directly or through any attorney, agent, servant, employee or other person under the supervision or control of respondent or otherwise, the following acts (2) Producing within five (5) business days of service of a copy of this order with notice of entry, copies of all corporate limitation, all records, vendor including, proposals, without contracts, invoices and communications; and it is further ORDERED that respondent shall serve and file an Answer to the Verified Petition within twenty (20) days of service of this order with notice of entry; and it is further 653336/2019 MRKTPL EMPIRE OUTLETS LLC vs. BRAIS, MICHAEL Motion No. 001 3 of 4 Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 10/09/2019 03:07 PM NYSCEF DOC. NO. 103 INDEX NO. 653336/2019 RECEIVED NYSCEF: 10/09/2019 ORDERED that counsel are directed to appear for a preliminary conference/undertaking hearing in Room 331, 60 Centre Street, New York, New York on December 4, 2019, at 9:30 AM. DECISION See Fieldstone Capital, Inc. v Loeb Partners Realty, 105 AD3d 559 (l 5 t Dept. 2013). 10/8/2019 r DATE CHECK ONE: CASE DISPOSED GRANTED D o BRA~ JAES:SS:C. NON-FINAL DISPOSITION DENIED GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 653336/2019 MRKTPL EMPIRE OUTLETS LLC vs. BRAIS, MICHAEL Motion No. 001 4 of 4 D D OTHER REFERENCE Page 4 of 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.