ORAL ARGUMENT REQUESTED At Individual Assignment Part of the Supreme Court of the State of New York, held in and for the County of New York, City and State of New York, at the Courthouse, Street, New York, New York, on the day of September, 2014. P R E S E N T: Hon. ---------------------------------------X THE CITY OF NEW YORK, -against- Plaintiff, CITY OASES, LLC, MINA GUIRGUIS, SZILVIA PATKOS, HAMID KERMANSHAH a/k/a ABDOLHAMID KERMANSHAH, ABDOLMAJID KERMANSHAH a/k/a MAJID KERMANSHAH, WILSHIRE LIMITED, THE LAND AND BUILDING KNOWN AS 59 FIFTH AVENUE, BLOCK 570, LOT 6, County of New York, City and State of New York, RAHMAN NY INC., THE LAND AND BUILDING KNOWN AS 5 WEST 31 ST STREET, BLOCK 833, LOT 36, County of New York, City and State of New York, and JOHN DOE and JANE DOE, numbers 1 through 10, fictitiously named parties, true names unknown, the parties intended being the managers or operators of the business being carried on by defendants CITY OASES, LLC, RAHMAN NY INC., and/or WILSHIRE LIMITED, ORDER TO SHOW CAUSE Index No. SUMMONS AND COMPLAINT ANNEXED HERETO Defendants. ---------------------------------------X UPON the annexed affirmation of Martin I. Nagel, Esq., dated August 25, 2014, and the exhibits annexed thereto; the affidavit of James P. Colgate, Assistant Commissioner of
Technical Affairs and Code Development for DOB, regarding Fire Safety Issues, sworn to on August 20, 2014, and the exhibits annexed thereto [ Colgate Affid. Fire Safety ]; the affidavit of Thomas Jensen, Chief of Fire Prevention for the New York City Fire Department [ FDNY ], sworn to on August 19, 2014, and the exhibits annexed thereto [ Jensen Affid. ]; the affidavit of Elan Parra, Acting Director of the Mayor s Office of Special Enforcement [ OSE ], sworn to on August 13, 2014 [ Parra Affid. ]; the affidavit of James P. Colgate, regarding Legal Occupancy Issues, sworn to on August 20, 2014 [ Colgate Affid. Legal Occupancy ]; the affidavit of Vladimir Pugach, New York City Department of Buildings [ DOB ] Associate Building Inspector, sworn to on August 25, 2014, and the exhibits annexed thereto [ Pugach Affid. ]; the affidavit of Ervin Santiago, FDNY Fire Protection Inspector, sworn to on August 15, 2014, and the exhibits annexed thereto [ Santiago Affid. ]; the affidavit of John Bigolski, Senior Investigator for OSE, sworn to on August 14, 2014, and the exhibits annexed thereto [ Bigolski Affid. ]; the affidavit of Sergeant Arthur Levine of the New York City Police Department [ NYPD ], sworn to on August 22, 2014, and the exhibit annexed thereto [ Levine Affid. ]; the summons dated August 19, 2014; the complaint duly verified by Sheryl Neufeld, Esq., on August 19, 2014, and filed with the Clerk of the Court on September 2, 2014; and the Affirmation of Emergency and 2
Pursuant to Rule 202.7(f) by Martin I. Nagel, Esq., dated September 2, 2014, LET the defendants or their attorneys and each of them show cause at Individual Assignment Part, Room, of this Court, to be held at the Courthouse, Street, Borough of Manhattan, City and State of New York on the day of September, 2014, at o clock M. of that day, or as soon thereafter as counsel can be heard, WHY an order should not be made and entered pursuant to Section 306 of the New York Multiple Dwelling Law, Sections 7-707, 27-2122, and 28-205.1 of the New York City Administrative Code, and Sections 6301 and 6311 of the Civil Practice Law and Rules, enjoining the defendants and each of them, their agents, employees, representatives and all persons acting individually or in concert with them during the pendency of this action: l. From using or occupying, or permitting the use or occupancy of, any of the units in the buildings located at 59 Fifth Avenue, New York, New York, and 5 West 31 st Street, New York, New York (collectively the Subject Premises or the Buildings ) for transient occupancy and/or as transient hotels or hostels; and 2. From booking or advertising any units at the Subject Premises for transient occupancy; 3
3. From removing or in any other manner interfering with the furniture, fixtures, goods and movable property used in conducting, maintaining or permitting the nuisances complained of herein; and 4. From disposing of, modifying, or in any other manner interfering with the digital or paper documents, photographs, and records maintained in connection with the management, operation, use and occupancy of the Subject Premises; and WHY a further order should not be made pursuant to Section 7-713 of the New York City Administrative Code appointing a Temporary Receiver to manage and operate all of the Subject Premises. MEANWHILE and pending the hearing and determination of this motion, the defendants and each of them, their agents, employees, representatives and all persons acting individually or in concert with them are enjoined pursuant to Section 306 of the Multiple Dwelling Law, Sections 7-710, 20-703(d), 27-2122, 28-103.13, and 28-205.1 of the New York City Administrative Code, and Section 6313 of the Civil Practice Law and Rules: 1. To provide immediate and unrestricted access to personnel of the Mayor s Office of Special Enforcement [ OSE ] and their agents into the Buildings located at 59 FIFTH AVENUE, New York, 4
New York, and 5 WEST 31 ST STREET, New York, New York, for the purpose of inspecting the Buildings and any parts thereof, and any signs or service equipment contained therein or attached thereto, at all reasonable times, pursuant to relevant and applicable regulations and unhindered by defendants, to determine their compliance with the provisions of the New York City Building Code, the New York City Fire Code, the New York City Administrative Code, the New York Multiple Dwelling Law, and other applicable laws and rules; 2. From using or occupying, or permitting the use or occupancy of any units in the Subject Premises for transient use and/or as transient hotel rooms or hostels, except those units currently so occupied, and from further permitting the use or occupancy of such currently occupied units for transient use and/or as transient hotel rooms or hostels immediately after the current occupants leave; 3. From permitting the use or occupancy of any unit at the Subject Premises by any persons not currently occupying such unit for transient use and/or as transient hotel rooms or hostels; 5
4. From registering any new persons at the Subject Premises for transient occupancy; 5. From booking or advertising any units at the Subject Premises for transient use; 6. From removing or in any other manner interfering with the furniture, fixtures, goods and movable property used in conducting, maintaining or permitting the nuisances and violations complained of herein; and 7. From disposing of, modifying, or in any other manner interfering with the digital or paper documents, photographs and records maintained in connection with the management, operation, use and occupancy of the subject premises and it is further ORDERED that, upon request of the Mayor s Office of Special Enforcement [ OSE ], the New York City Office of City Sheriff, pursuant to authority granted by the Civil Practice Law and Rules, by Article 2 of the Criminal Procedure Law, and by Section 650 of the County Law, shall assist OSE in the enforcement of this order to show cause, including but not limited to, preserving the peace while inspectors from OSE conduct an inspection of the Subject Premises for the purpose of assessing the safety of existing conditions by determining 6
compliance with provisions of the New York City Building Code, Fire Code, and other sections of the Administrative Code, the New York Multiple Dwelling Law, and other applicable building laws and rules; and it is further ORDERED that service of a copy of this order to show cause, together with the papers upon which it is based and the summons and verified complaint, be made upon the defendants personally; or by leaving a copy thereof with a person of suitable age and discretion at the Subject Premises or at the defendant s last known residence or actual place of business; or by posting a copy thereof at the Subject Premises, or by handing to or leaving a copy with the manager or person in charge of the Subject Premises, on or before September, 2014, and that this is deemed good and sufficient service on the defendants, provided that if service is not made personally, with the exception of those defendants named as John or Jane Doe, a copy of the papers will be mailed by overnight express mail to each defendant at his or her last known address on or before September, 2014. E N T E R: J.S.C. 7