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Morningside Assocs. LLC v. Batista

Court Continues Order Enjoining Defendants From Engaging in Criminal Conduct Against Staff

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26 were read on this motion to/for INJUNCTION/RESTRAINING ORDER. INTERIM DECISION ORDER ON MOTION Plaintiff Morningside Associates LLC is the owner and landlord of premises located at 400 West 113th Street in Manhattan (the building) and moves for a preliminary injunction enjoining defendant Maximo Batista from: entering the building; assaulting, harassing, menacing, intimidating, endangering building workers; or otherwise endangering the health, safety or welfare of the building’s workers, management, tenants and occupants. Before his resignation, Batista was formerly employed by plaintiff as a doorman. Defendant Karen Alvarez is a tenant in the building and Batista now resides in her apartment. In support of its order to show cause, plaintiff submits, inter alia, the affidavit of Ahmad Williams an employee of the building (NYSCEF Doc No 5). Williams states that in the evening on August 30, 2020, Batista came into the lobby to pick up a food delivery, complained that he was not notified of the delivery and then threw an “unknown object” toward him. According to Williams after he declined Batista’s invitation to fight, Batista left in the direction of Alvarez’s apartment. Williams claims that Batista then returned, pummeled him, pushed him to the floor causing him to hit his head on the radiator cover. He tried to escape but Batista pinned him against the wall (id. 2). At that time Alvarez arrived and threatened to mace Williams whereupon Batista struck the back of Williams’s head with a closed fist and then left with Alvarez. Williams reported the incident to the building’s property manager and filed a police report (id.

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