251 West 30th St. LLC d/b/a Slake, Plaintiff,
251 West 30th St. Owner, LLC, Defendant.
Plaintiff:Gordon & Rees LLP, Mark A. Trokan, Esq., Ronald
A. Giller, Esq., Jennifer Guidea, Esq.
Defendant: Moses & Singer LLP, Henry J. Bergman, Esq.
Charles E. Ramos J.S.C.
motion sequence 002, Defendant 251 West 30th St. Owner LLC
("Owner") moves for a preliminary injunction
preventing plaintiff 251 West 30th St. LLC
("Tenant") from using the fire escape route
("Fire Egress") located at 251 West 30th Street
("Subject Premises") for non-emergency purposes.
reasons set forth below, this Court grants Owner's motion
for a preliminary injunction.
Subject Premises is a sixteen story structure with a variety
of commercial tenants, including residents, a school, music
studios, workshops, and offices. Tenant occupies space
consisting of a ground floor store, a mezzanine, and the
entire second floor (the "Venue").
2004, non-parties Justin Tower, Ltd. ("Previous
Owner") and SCB Enterprises LLC ("Previous
Tenant") entered into a commercial lease (the
"Lease"), in which the Previous Owner leased the
Venue to the Previous Tenant for a term of ten years
commencing on December 1, 2004, with two five-year extension
options. The Lease describes the Venue as "excluding
public areas" of the Subject Premises (Ballinger Aff.,
assignment and assumption of the Lease between the Previous
Tenant and Tenant dated January 23, 2014, and with consent of
Previous Owner, the Lease was assigned to the Tenant. Tenant
maintains that it properly and effectively extended the
initial term of its ten-year lease (Ballinger Aff., ¶4).
In contrast, Owner alleges that Tenant did not effectively
renew the Lease due to its failures to cure at least seven
Department of Buildings ("DOB") violations (Nocera
further alleges that it has spent approximately $1.8 million
on improvements and operation costs (Ballinger Aff.,
¶2). The Previous Owner purportedly made improvements to
the West 30th Street Staircase and corridor by painting the
walls and floors and installing electronic displays
(Ballinger Aff., ¶15).
6 of the Lease, entitled Requirements of Law, Fire Insurance,
provides, in relevant part:
Tenant, at Tenant's sole cost and expense, shall promptly
comply with all present and future laws, orders and
regulations of all state, federal, municipal and local
governments, departments, commissions and boards and any
direction of any public officers pursuant to law, and all
orders, rules and regulations of the New York Board of Fire
Underwriters or the Insurance Services Office, or any similar
body which shall impose any violation, order or duty upon
Owner or Tenant with respect to the demised premises...
Tenant shall not do or permit any act or thing to be done in
or to the demised premises which is contrary to law, or which
will invalidated or be in conflict with public liability,
fire or other policies of insurance at any time carried by or
for the benefit of Owner. (Id.)
41(b) of the Rider attached to the Lease ("Rider")
requires Tenant to conduct its business in an orderly manner
to avoid unreasonable annoyance, discomfort, and/or injury to
other tenants, patrons, pedestrians, and adjacent residents
42(o) of the Rider provides, in relevant part, that
"Tenant acknowledges and agrees that it will not block,
or permit to be blocked, egress and ingress to the freight