118 W. 27 LLC v Saltz
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118 W. 27 LLC v Saltz 2021 NY Slip Op 32199(U) November 8, 2021 Supreme Court, New York County Docket Number: Index No. 156046/2021 Judge: Frank P. Nervo 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 11/08/2021 04:56 PM NYSCEF DOC. NO. 60 INDEX NO. 156046/2021 RECEIVED NYSCEF: 11/08/2021 SUPREME COURT COURT OF OF THE THE STATE STATE OF OF NEW YORK SUPREME NEW YORK COUNTY OF OF NEW YORK COUNTY NEW YORK CIVIL TERM TERM PART PART IV IV CIVIL ------~-----------------------------~---------------------------------)( -----·-----------------------------·---------------------------------X 1I8west u8 west 1.7 LLC, Plaintiff, Plaintiff, · DECISION AND AND ORDER ORDER DECISION -against-against- MARK SALTZ, SALTZ, MARK Defendant. Defendant. -----------------------------------------------------. -------- . -------X FRANK P. NERVO, Justice: FRANK NERVO, Justice: Plaintiff, u8 1I8West moves this this Court Court for an Order Order pursuant CPLR §§6301, ~~6301,63II 631Iand and Plaintiff, West 1.7 LLC, moves pursuant to CPLR 6313(a)for and permanent injunction, compelling compelling defendant, defendant, Mark Mark Saltz, Saltz, to 6313(a) for preliminary preliminary and permanent injunction, immediately cease all illegal illegaLmd/or objectionable, conduct conduct in the the plaintiff's and the the immediately and/or objectionable, plaintiff's building building and unit defendant defendant occupies occupies pursuant York's Loft Law; such objectionable unit pursuant to a lease under under New New York's . such objectionable . conduct resulting resulting in infringement infringement on the the safety safety of of the the building and the the quiet quiet enjoyment enjoyment of conduct building and residential apartments apartments of of numerous numerous other other tenants tenants in the the building, well as offensive offensive the residential building, as well disruptions within within the the elevators elevators and and common common areas. disruptions 2 of 5 [*FILED: 2] NEW YORK COUNTY CLERK 11/08/2021 04:56 PM NYSCEF DOC. NO. 60 INDEX NO. 156046/2021 RECEIVED NYSCEF: 11/08/2021 resident of the resident residents and the numerous residents After evidence and the testimony of testimony of numerous presentation of evidence After presentation adjoining building on,October building on,October an adjoining 20 20 and November November 3, 2021, 2021, that defendant the Court Court finds that defendant Order Interim Order directives and Interim preliminary directives Saltz is in substantial Court's preliminary with the Court's compliance with substantial compliance '. issued October October 20, 2021, 20, 2021, \ . . identification of two the identification not all, of of the provided some, but not and has also provided him assistants working three assistants persons with him, him, the three three painters, working with with him painters, and the three residing with persons residing violations of the technical violations demonstrates technical within presented demonstrates evidence presented While the evidence apartment. While within his apartment. Court's Order Order of of October October · Court's 20, 20, 2021 visit emergency visit result of the result on two occasions, one was the of an emergency building's after the repairs after necessary repairs to his apartment apartment required required by an electriciari electrician to make make necessary the building's address and repair, problem was his alone to address managing particular problem the particular defendant the advised defendant agent advised managing agent not which he was not about which roommates, about his roommates, other was the appearance of a guest of one of liis the appearance and the other roommates have now that all roommates provided roommate. Defendant Defendant Saltz advises that notice by the roommate. provided notice permitted a~d the guests are permitted when guests been made aware of with respect to when directives with Court's directives the Court's of the the .building. within the necessity escorted by defendant defendant within they be escorted that they necessity that building on observed in the Defendant denies knowledge of persons the lobby of of the building persons observed of a group of knowledge of Defendant or about Oc~ober 21, 2021 2021 Defendant Saltz plaintiff. Defendant submitted by plaintiff. as depicted photographs submitted depicted in photographs I when entrance door when the entrance of the movement of the slow movement attributes the of these these people to the presence of the presence attributes not adequately plaintiff has not The plaintiff closing and/or and/or that entrance door's adequately failure to securely lock. The door's failure that entrance other defendant, or the other the defendant, demonstrated particular people and the those particular between those connection between demonstrated any connection unit. occupants of defendant's defendant's unit. occupants 3 of 5 [*FILED: 3] NEW YORK COUNTY CLERK 11/08/2021 04:56 PM NYSCEF DOC. NO. 60 INDEX NO. 156046/2021 RECEIVED NYSCEF: 11/08/2021 It is therefore therefore that: the extent ORDERED, that granted to the extent that: petition is granted the petition that the ORDERED, 1. 1. the provide the this Order Within (20) days of the date of this Order defendant defendant shall shall provide twenty (20) Within twenty directed by the plaintiff as directed the plaintiff identification proviqed to the previously proviqed not previously persons not of persons identification of October Order dated October Court dated of the Court Order of 11. 11. 2.021; 20, 2021; 20, .. The Order Order of this Court dated dated October October this Court The 20 20.2021 1 2021 . hereby incorporated is hereby incorporated by until effect until remain in full force and effect reference. therein shall remain terms therein the terms reference, and all the which jurisdiction which competent jurisdiction court of competent otherwise by~a court vacated by modified, or vacated ordered, modified, otherwise ordered, . . ... . ", the Court of Civil Court the Civil of the limited to, the Housing Court of of the Housing Court but is not limited shall include, but City New York; of New City of 111. 111. workers, any of his workers, defendant nor any In neither the defendant the foregoing, neither addition to the In addition person~ otherwise roommates, or person's assistants, helpers, of any roommates, otherwise roommates or guests of helpers, roommates assistants, ·, ...•.. building or its the building into the entry into associated permit any entry bring into or permit him, wiil bring with him, associated with gasoline, powered by gasoline, whether powered elevator~ any motorized whatsoever, whether vehicles whatsoever, motorized vehicles any mopeds of any motorcycles or mopeds electricity or otherwise, otherwise, including including but not limited to motorcycles not limited electricity size. tV. IV. workers, any of his workers, defendant nor any In addition neither the defendant the foregoing, ((.neither addition to the In . . . . persons otherwise roommates, or persons assistan'ts, helpers, of any roommates, otherwise roommates or guests of helpers, roommates assistan·ts, associated permit, encourage, or in any way abide any illegal will permit, him, will with him, associated with development, use, or sale of the development, activity loitering or the limited to, loitering not limited but not including, but activity including, building. (The controlled substances, substances, anywhere anywhere in or around around the building. (The Court Court does controlled date.) activity to date.) acknowledge of such illegal activity denial of defendant's denial acknowledge defendant's 4 of 5 'I [*FILED: 4] NEW YORK COUNTY CLERK 11/08/2021 04:56 PM NYSCEF DOC. NO. 60 v. INDEX NO. 156046/2021 RECEIVED NYSCEF: 11/08/2021 Plaintiff-landlord Plaintiff~landlord shall shall have have the the right right to apply apply to this this Court, Court, or any any court court of of competent competent jurisdiCtion, jurisdiction, for recovery recovery from from the the defendant defendant any any expenses expenses incurred incurred by the the necessity necessity of of hiring hiring personnel, personnel, or other other expenses, expenses, to maintain maintain the the security security and and integrity integrity of of the the building building and and property property as a result result ~f of defendant's defendant's failure failure to comply comply with this this Court's Court's Order Order of of O~tober O~tober with 20,2021, 20, _2021, and as additionally additionally noted no~ed above. above. and THIS THE THIS CONSTITUTES CONSTITUTES THE DECISION DECISION AND AND ORDER ORDER OF OF THE THE COURT. COURT. New York, New York New York, New York Enter: En t e r: November 8, 2021 November 8,2021 FRANK NERVO, FRANK P. NERVO, Justice Justice Supreme Supreme Court Court 5 of 5
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