Recitation, as required by CPLR §2219(a), of the following papers numbered 4 to 18 and 21 to 26 read on this Order to Show Cause by Plaintiff for an Order: (1) pursuant to CPLR §6301 et seq., enjoining Defendant Rose Lawlor (hereinafter “Defendant Lawlor”) from: (a) subletting the premises located at 28-05 35th Street, Astoria, New York 11103 (hereinafter “Premises”); (b) permitting the John Doe and Jane Doe, the illegal occupants of the Premises, from cohabiting the Premises; and (c) permitting the John Doe and Jane Doe, the illegal occupants of the Premises, from destroying the building in which the subject Premises is located; and (2) pursuant to CPLR §6301 et seq. enjoining Defendants John Doe and Jane Doe from: (a) occupying and residing in the subject Premises; (b) damaging property to the subject Premises and the surrounding property which it belongs; and (c) ordering Defendants John Doe and Jane Doe to vacate the Premises until the further order of the Court.Papers E-File NumberedPapers ExhibitsOrder to Show Cause for Preliminary Injunction with Temporary Restraining Order — Affirmation(s) and Affidavit(s) Annexed 4-9Affirmation in Opposition to Plaintiff’s Order to Show Cause for a Preliminary Injunction — Exhibits, Memorandum of Law in Opposition to Plaintiff’s Motion for Summary Judgment, and Affidavit(s) Annexed 10-18 A-GReply Affirmation in Further Support of Motion for Summary Judgment — Exhibits and Affidavit(s) Annexed 21-26 1-4 Upon the papers listed above, this Order to Show Cause is hereby decided in accordance with this Decision/Order.On July 9, 2018, landlord Plaintiff commenced this action by filing a summons, verified complaint. This is an action, inter alia, seeking to recover damages for tenant Defendant Rose Lawlor’s (hereinafter “Defendant Lawlor”) breach of a purported rent stabilized apartment lease agreement and negligence. Moreover, Plaintiff seeks to enjoin Defendant Lawlor from subletting the premises located at 28-05 35th Street, Astoria, New York 11103 (hereinafter “Subject Premises”) and enjoin Defendants John Doe and Jane Doe from cohabiting the Subject Premises. Plaintiff’s fourth cause of action also seeks ejectment of Defendants from the Subject Premises.Upon Order to Show Cause, Plaintiff now seeks an Order: (1) pursuant to CPLR §6301, enjoining Defendant Lawlor from (a) subletting the Subject Premises; (b) permitting John Doe and Jane Doe from cohabiting the premises; and (c) permitting John Doe and Jane Doe from destroying the building in which the Subject Premises is located; and (2) pursuant to CPLR §6301, enjoining Defendants John Doe and Jane Doe from: (a) occupying and residing in the Subject Premises; (b) damaging the property to the Subject Premises and surrounding property; and (3) directing Defendants to vacate the premises until further Order of this Court. The Court notes that Plaintiff’s application for a Temporary Restraining Order was denied by Order to Show Cause, dated July 16, 2018. Defendant Lawlor opposes this motion.In support of its application, Plaintiff submits the affidavit of Tom Kourkoumelis, managing member of Plaintiff, sworn to on June 26, 2018 in which he avers that Defendant Lawlor appears to be illegally subletting the Subject Premises to Defendants John Doe and Jane Doe. Further, Mr. Kourkoumelis states that he witnessed unidentified and unknown persons destroy mailboxes and defecate in the stairwell of the building where the Subject Premises is located. Plaintiff argues that Defendant has clearly breached the lease agreement and it is entitled to a preliminary injunction to enjoin Defendants from continuing this behavior.In opposition to Plaintiff’s application, Defendant Lawlor submits an affidavit sworn to on September 27, 2018 in which she avers, inter alia, that she is not subletting the Subject Premises.It is well settled that a party moving for a preliminary injunction, pursuant to CPLR §6301, must establish: (1) a likelihood of success on the merits; (2) irreparable injury; and (3) a balance of the equities in the movant’s favor. Here, landlord Plaintiff failed to meet its burden.Plaintiff failed to meet its burden to establish a likelihood of success on the merits. This Court finds Mr. Kourkoumelis’s affidavit conclusory and insufficient to establish either that Defendant Lawlor has sublet the Subject Premises or that John Doe and Jane Doe reside at the Subject Premises. Further, Plaintiff failed to annex a copy of the subject lease agreement to its moving papers. Moreover, Plaintiff has also failed to demonstrate that it will suffer irreparable injury since it insists that it seeks money damages to clean and repair the alleged damage to the building. As a result, landlord Plaintiff has failed to meet the criteria for the issuance of a preliminary injunction. Accordingly, Plaintiff’s application is denied in entirety.The foregoing constitutes the Decision and Order of this Court.Dated: March 29th, 2019Jamaica, NY
