Madelin Almanzar, Plaintiffv.Rene Rodriguez, DC 544 W 27th LLC d/b/a El Jefe, Defendants
Plaintiff Madelin Almanzar moves, pursuant to CPLR 6301, for a preliminary injunction, or pursuant to CPLR 6401, for a receiver to manage Don Coqui at 186 Dykman Street, NY, NY 10040.According to the June 28, 2018 complaint, verified by counsel, plaintiff paid defendant Rene Rodriguez $480,000 of $540,000 of the purchase price for DC544 W 27th LLC (the Company), invested in renovations, and managed the restaurant for months before defendant admittedly locked her out. Complaint 3. Defendant was the 100 percent owner of the Company until July 24, 2017 when the parties entered an agreement whereby defendant agreed to sell a 66.66 percent interest in the Company to plaintiff and Juan Sanchez. When Mr. Sanchez could not comply, he negotiated with defendant to purchase 15.67 percent leaving defendant with 51 percent and plaintiff with 33.33 percent.After entering into this agreement, the parties closed down the restaurant to renovate. Plaintiff alleges that the parties shared the overhead expenses during the renovation period from August 201[7] to December 26, 201[7]1. On December 26, 2017, the Company opened for business as a new restaurant called “El Jefe.” Complaint 22. Plaintiff alleges that after El Jefe’s first several months in business, defendant agreed to sell plaintiff his remaining 51 percent interest in the Company.As of May 8, 2018, plaintiff had paid defendant $480,000 toward purchasing his 51 percent interest. Complaint 26. On February 4, 2018, defendant left all managerial duties to plaintiff. Plaintiff allegedly purchased Mr. Sanchez’s share. Complaint 30. While Plaintiff believed the parties had come to an agreement, defendant failed to effectuate assignment of the lease, failed to turnover control of the bank account and failed to cooperate to transfer the liquor licence. Complaint 33. In March 2018, defendant began paying himself $3000 per week from the Company’s account and paying an accountant $500 per week. Complaint
