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Bayridge Prince, LLC v. City of New York

Supreme Court, Kings County

May 5, 2017

Bayridge Prince, LLC, Plaintiff,
v.
The City of New York, ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK, OFFICE OF THE SHERIFF OF THE CITY OF NEW YORK, KINGS LAW ENFORCEMENT BUREAU, and DEPARTMENT OF HOUSING PRESERVATION & DEVELOPMENT OF THE CITY OF NEW YORK, Defendants.

          Plaintiff: Alfred R. Fuente, Esq., Fuente & Fuente, PLLC Of Counsel to Michael P. Lagnado, Esq.

          Defendant: \Louise A. Moed, Esq., Corporation Counsel.

          Dawn Jimenez-Salta J.S.C.

         Recitation, as required by CPLR §2219(a), of the papers considered in the review of:

         1) Plaintiff Bay Ridge Prince L.LC.'s Order to Show Cause dated March 29, 2016 for an order granting the following relief:

(a) vacating all judgments entered against the Plaintiff and in favor of the City of New York ("City") premised upon Notices of Violation (NOV);
(b) dismissing all NOV's;
(d) vacating all Executions premised upon the Judgments and issued by the City against Plaintiff;
(e) permanently enjoining Defendant Sheriff of the City of New York, Kings Law Enforcement Bureau from collecting any additional rents or proceeds from the Prince Hotel located at 315 93rd Street, Brooklyn, New York, taking action related to the Executions issued by the City against BRP, or taking any other action to enforce the Judgments including forcing the sale of the property scheduled by the Sheriff for June 8, 2016;
(e) requiring the Sheriff to withdraw and vacate the Prince Hotel;
(f) requiring Defendant New York City Department of Housing Preservation and Development (HPD) to expedite its review of BRP's Certification of No Harassment or Exemption Application;
(g) requiring the City and Sheriff to return any and all rent or proceeds collected from the Prince Hotel to BRP; and
(h) granting any other relief which this Court deems just and necessary.

         2) Plaintiff's Affirmation in Support of its Motion brought by Order to ...


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