At the Supreme Court of the State of New York, held in and for the County of Dutchess at the Courthouse located at 10 Market Street, Poughkeepsie, New York on the day of, 2016. P R E S E N T: HON. ------------------------------------------------------------------------X HENRY LEAKE, ELIZABETH LEAKE and HANK LEAKE NURSERY & LANDSCAPING, -against- Plaintiffs, ROMOWNERS, INC. d/b/a ROMBOUT VILLAGE, EDWARD ARNDT, BKD ASSOCIATES, INC., WILLIAM DIMMICK, ROMBOUT VILLAGE BOARD OF DIRECTORS, ROMBOUT VILLAGE OFFICERS, JOHN SUREDA, LARRY HUGHES, JIM FOY and ANDREW FERRARO, Defendants. ------------------------------------------------------------------------X ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER Index No. 2016-52199 Upon reading and filing of the Affidavit in Support of Order to Show Cause with Temporary Restraining Order of HENRY LEAKE and ELIZABETH LEAKE, sworn to on September 28, 2016 ( Affidavit ), upon all papers and proceedings heretofore had herein, and for good cause shown; NOW upon motion of NOVIELLO & NOVIELLO, ESQS., attorneys for Plaintiffs; LET ROMOWNERS, INC. d/b/a ROMBOUT VILLAGE, EDWARD ARNDT, BKD ASSOCIATES, INC., WILLIAM DIMMICK, ROMBOUT VILLAGE BOARD OF DIRECTORS, ROMBOUT VILLAGE OFFICERS, JOHN SUREDA, LARRY HUGHES, JIM FOY and ANDREW FERRARO or their attorneys and anyone else entitled to notice herein SHOW CAUSE before the Justice of this Court to be held in the County of Dutchess, at the 1
County Courthouse, 10 Market Street, Poughkeepsie, New York, Room, on the day of, 2016 at a.m. of that day or soon thereafter as counsel can be heard, WHY, an ORDER should not be made by this Court pursuant to NY CPLR 6301: (1) preliminary enjoining the above named Defendants, their agents, employees and representatives during the pendency of this action from taking any action that would: a. affect the Plaintiffs rights under their proprietary lease and as shareholders of Romowners, Inc. d/b/a Rombout Village ( Romowners ), including, but not limited to, the termination of the Plaintiffs proprietary lease; b. prohibit the Plaintiffs use and enjoyment of their cooperative apartment and the community, including but not limited to, bullying, harassing and threatening behavior whether in person or through correspondence such as mail, email and telephone; and (2) Granting all such other and further relief as the Court may deem just, proper and equitable. IT BEING demonstrated in the Affidavit that temporary relief is necessary to prevent immediate and irreparable harm to Plaintiffs pending the hearing and determination of the within motion for preliminary injunction, and it appearing that Plaintiffs may be entitled to a preliminary injunction under NY CPLR 6301 to enjoin the Defendants as stated above, it is further ORDERED, that pending the hearing of this motion Defendants, their agents, employees and representatives are temporarily enjoined and restrained from: (1) terminating the Plaintiffs proprietary lease entered into with Romowners; (2) any and all bullying, harassing and threatening behavior, whether in person or in correspondence; 2
(3) communicating directly with Plaintiffs except for written communications Plaintiffs are entitled to as shareholders; and (4) taking any other action that would affect the Plaintiffs rights under the proprietary lease, including, but not limited to, the use and enjoyment of Plaintiffs cooperative apartment and the cooperative community. SUFFICIENT cause appearing therefor, let service of a copy of this Order and a copy of the Affidavit upon which it is granted be served by regular mail or certified mail return receipt requested upon ROMOWNERS, INC. d/b/a ROMBOUT VILLAGE, EDWARD ARNDT, BKD ASSOCIATES, INC., WILLIAM DIMMICK, ROMBOUT VILLAGE BOARD OF DIRECTORS, ROMBOUT VILLAGE OFFICERS, JOHN SUREDA, LARRY HUGHES, JIM FOY and ANDREW FERRARO, on or before the day of, 2016 shall be deemed good and sufficient service. ENTER: HON. 3
SERVICE LIST Romowners, Inc., d/b/a Rombout Village Rombout Village Board of Directors Rombout Village Officers BKD Associates, Inc. 26 Sterling Street William Dimmick c/o BKD Associates, Inc. 26 Sterling Street Edward Arndt John Sureda Larry Hughes Jim Foy Andrew Ferraro 4
Index No. 2016-52199 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS HENRY LEAKE, ELIZABETH LEAKE and HENRY LEAKE NURSERY & LANDSCAPING, Plaintiff, v. ROMOWNERS INC., d/b/a ROMBOUT VILLAGE, ET AL, Defendants. ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER NOVIELLO & NOVIELLO, ESQS. Attorney for Plaintiff 77 Hughson Road Carmel, NY 10512 Matthew@MatthewNoviello.com (845) 225-4004 5