MorrisonCohenLLP June 2,2016 VIA NYSCEF & Hand Delivery Honorable Geoffrey D. Wright Supreme Court of the State of New York County of New York County 80 Centre Street, Room 122 - Part 47 New York, New York 10013 Re: LD V Greenwich LLC v. The Board of Managers of the Mondo Condo Condominium Index No. 652897/2016 The Board of Managers of the Mondo Condo Condominium et al. v. LDV Greenwich LLC, etal. Index No. 15458712016 Dear Justice Wright: We are counsel for LDV Greenwich LLC in the above-referenced litigations. Both orders signed during our appearance on June 1, 2016 are enclosed for your reference. Both orders state in a handwritten notation: "served in court." We want to confirm that, by this notation, the Court has ordered that parties serve their respective opposition to each motion, in Court, at the hearing scheduled for June 9, 2016 at 9:30 a.m. Thank you for your attention to this matter. Enclosures cc: Jeremy B. Honig, Esq. (via ECF) Paul N. Gruber (via email) Respectfully submitted, ~ c /7.:.. ~ S:::-"...-._--./ Edward P. Gilbert #6459896 vi 102546910001 909 Third Avenue, New York, NY 10022-4784 p: 212.735.8600 f: 212.735.8708 www.morrisoncohen.com 1 of 7
If>rLED : N~ YORK C6bNTY CL$K 06 Z 0 2 A 016 09 :);9 AM) lj INDEX NQ,J 154587/20}J NYSCEF DOC. NO. 57 RECEIVED NYSCE,F: 06/02/201"E /. PRESENT: GEOFFREY D. WRIGHT Hon ~d~~~g~------- Tustlce. At an IA Part l1 of the Supreme Court of the State of New York held in and for the County of New York, at the County Courthouse located at iju Centr~ Street, New York, New York, on the,~-day of June, 2016. -------------------------------------------------------------- )( THE BOARD OF MANAGERS OF THE: MONDO CONDOMINIUM, THE MONDO: CONDOMINIUM, BRET KOSSMAN,: ANDREW FROTHINGHAM, SHOSHANNA: SUGAHARA, NEAL BATRA and DANIEL: LACIVITA ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION -against- Plaintiffs, SUDA VEN REALTY LLC and LDV GREENWICH LLC, Defendants. -------------------------------------------------------------- )( Upon reading and filing the annexed emerge ~ / affirmation of Erez Glambosky, Esq., dated May 31, 2016; the affidavrt Koss an, sworn to on the 31 st day of May, 2016; the affidavit of And~ingham, sworn to on the 31" day of May, 2016; the."ffidavh of Shoshanna SugaIiara sworn to on the 27'h day of May, 2016; the affida~e1 La~ sworn to on the 31 st day of May, 2016; the affidavit of Benjamin H." achwald, sworn to on the 25th day of May, 2016; the affidavit of Lawr7 n, P.E. sworn to on the 29th day of May, 2016; the affidavit of Arthur A. Morales, sworn to on the 31 st day of May, 2016; the 1 of 3 2 of 7
U u exhibits annexed thereto; the accompanying Memorandum of Law; and upon the pleadings and all prior proceedings had herein, 6,qJ) /tof~ 4<:""") LET Defendants and/or their attorneys }show cause at IA Part { of this C~urt, to be held at the Courthouse located at 60 Centre Street, New York, New York on the ~ day of June, 2016, at 9:30 o'clock in the forenoon or as soon thereafter as counsel can be heard why an order should not be made and entered pending the determination of the issues: (A) Granting the Plaintiffs, The Board of Managers of the Mondo Condominium, The Mondo Condominium (the "Condo"), Bret Kossman, Andrew Frothingham, Shoshanna Sugahara, Neal Batra and Daniel LaCivita (collectively the "Plaintiffs") a preliminary injunction enjoining Defendants, Sudaven Realty LLC ("Sudaven") and LDV Greenwich LLC ("LDV")(collectively "Defendants") from using or operating the Heating, Ventilating and Air Conditioning Equipment (the "HVAC Equipment") located in the alleyway adjacent to the Condo's building located at 363 Greenwich Street, New York, New York as a result of the unreasonably excessive and illegal noise, heat and exhaust emanating from such HVAC Equipment and granting the Plaintiffs such other and further relief as may be just and proper; and it is Injunct. agents, servants, employees and all perso~. be and are hereby enjoined and restrained from u. g or operating the HVAC Equipment; and... ~.S- SUFFICIENT CAUSE BEING ALLEGED THEREFOR, let service pf a copy of this -' o...lc)7')5 livif-i... ~efvi(~ of- ~f> SvvtM()~ Order, together with the papers upon which it is based1upon Sudaven's counsel, Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., 377 Broadway, New York, New York 10013, Attn: Craig M. Notte, Esq., and LDV's Counsel, Morrison Cohen LLP, 909 Third Ave., New 2 of 3 3 of 7
I".J 'J York, New York 10022, Attn: Edward P. Gilbert, Esq., by overnight mail be deemed sufficient if made on or before the day of June, 2016; and it is further ORDERED, that opposition papers shall be served in hand on the Plaintiffs' counsel and filed with the court no later than noon three (3) days prior to the return date of this motion; and it is further ORDERED that Plaintiffs shall serve reply papers, if any, so as to be received at least one (1) day before the return date... ~ ORAL ARGUMENT REQUIRED. ~. -----------------J7.=S~.C~. ~::.:lt ENTER J.S.C. Y D, WR1CIlT AJSC ' 3424085 vi 3 of 3 4 of 7
5 of 7 - :.' - - ".:.. -," At Pan 1 of the Supreme Court of the State of New York, County of New York. held at the Courthouse, 80 Centre Street, New York. New York on June 1-, 2016 PRE SEN T: GEOFFREY D. WRIGHT J.S.C Justice. -------------- ------ -~-- -- ---- -'-- ------"------ ------- ---- ----- X LDV GREENWICH LLC, -against- THE BOARD OF MANAGERS OF THE MONDO CONDO CONDOMINIUM, Plaintiff,' Index No.: 652897/20 I (j ORDER TO SHOW CA USE FOR YELLOWSTONE INJUNCTION OR. AL TERN A TIVE-LY. A PRELIMINARY INJUNCTION. WITH TEMPORARY RESTRAINTS Defendant. -------------------------------------------------------------- X Upon the June I, 2016 Affi~eadow and the exhibits annexed thereto, the June 1,2016 Affidavit of Chris Harmaty, the June 1,2016 Emergency Affirmation of Edward P. Gilbert and the exhibits annexed thereto, and the accompanying Memorandum of Law il1 support.. -: of Plaintiffs Motion for a Yellowstune Injunction or, alternatively, a Preli!11inary Injunction, and. ~!. r, any other papers and proceedings ha~. herein, and sufficient cause having been alleged therefor, ~.. #...".. -.- IT IS HEREBY ORDERED, that Defendant 'Show Cause before this Court at Room ~v I-ll, 6B---Centre Street. New York, New York, at 9:30 a.tn. on.june 9, 201C) or as soon thereafter as counsel can be heard, why an order should not be made and entered pursuant to CPLR 630 I and 63) 3(a):.. a) granting Plaintiff a YellowslOne Injuncti~n during the pendency of this action to permitplaintilt to take all reasollable steps necessary to cure any alleged breach of the parties' agreemenldatcd, December n. 2006 (the 1 of 3
---"... -..-.--~:'-:c.--,-. -...-,.-.. -,:;-.-. ""'"."'",.".!...,.S<... ~-,"'""'~...-.r----.. _-. - a ~. _.. - _...'7'._. ----------------.---. -.-.,,-,-_... _---_.. --.. -.... -.",- - r. "'. '.0.'... 1 " LV "Alleyway Agreement"), which allows Plaintiff to maintain cenain heating, ventilation and air conditioning equipment (the "HVAC Equipment) in an alleyway behind Plaintiffs restaurant, American Cut, located at 363 Greenwich Street, New York, New York (the "Property"); and/or b) restraining and enjoining Defendant The Board of Managers of the Mondo Condo Condominium ("Defendant" or the "Condo Board") and its employees. agents and representatives, and all persons ~cting in concert with the Condo or on its behalf from terminating Alleywa~ Agreement; and c) restraining and enjoining Defendant and its employees, agents and representatives, and all persons acting in concen with the Condo Board or on its behalf from entering Plaintiffs restaurant and its appurtenant. common elements for the purpose of interfering with Plaintiffs operations." and/or.t.he HVAC Equipment in any way; and d) for such other and further relief as this Court deems just and proper: and it is further ORDERED, that pending the hearing ~ 6eterffiifl~n of this 1)'10tion, Defendant. and all persons acting in concert with Defendant, are hereby restrained and enjoined from taking any action that would int~rfere with Plaintiff's HY AC Equipment at the Property or Plaintiffs rights bcsea u~o~ c..luo-h'c...p.f.n Tf'r~(Nc+f All '1lAaiU~-'? under the Alleyway Agreemenr1and it is further ASv- ee '"'t'-t ot~+eo-i ~)?5, a.o/"1 a...d if i' ORDERED, that service of a copy of this order together with the ~pers on wrich it is a..l OfV 5 Vvif-~ S~viC.R of ~~ -SVMMONJ a,..,ol COl'Vplcd"..:T base1hall be made by personal delivery on or before,june _, 20I6,to counsel for Defendant, Jeremy 13. I'lonig, Esq., Rivkin Radler LLP. 477 Madison Ave. 20 lh floor, Ne. York, New ;i '. York, 10022, and that such be deemed good and proper service; and it is further. r. 2 2 of 3 6 of 7
----_.. -----:-=-:-:::-:~-:-------------... ORDERED, that answering papers, 'if any, be personally served upon Morrison Cohen '.! LLP. counsel for Plaintiff, 909 Third A~fenue, New York, New York 10022 on or before June 2016..!A Certification pursuant to Rule 130-1, I: Morrison Cohen LLP By: L--/L~2. Edward p, Gilbert Evan S. Lupion 909 Third A venue New York, New York 10022 (212) 735-8600 -' ORAL ARGUMENT REQUIRED. I L,..! J.s.c: G/lIT~ t t!.. GEOFFREYD. WRIGff 7 i A:fSf' r 3 3 of 3 7 of 7