The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 33 were read on this motion to/for PREL INJUNCTION/TEMP REST ORDR. DECISION ORDER ON MOTION This action involves a building located at 857 Riverside Drive in Manhattan (the property or building). Plaintiff moves by order to show cause for an order granting immediate and continued access to the building; enjoining defendants and their invitees from entering the building; enjoining defendants or their agents or invitees from tampering with the locks on the building; and enjoining defendants or their invitees from moving belongings into the building. Defendant Wright appears by counsel and opposes the order to show cause and also submits an affidavit from defendant Tillman. In order to establish entitlement to a preliminary injunction plaintiff must show “(1) a likelihood of success on the merits, (2) irreparable injury absent a preliminary injunction, and (3) a balance of equities tipping in its favor” (Harris v. Patients Med., P.C., 169 AD3d 433, 434 [1st Dept 2019]). And “a mandatory preliminary injunction (one mandating specific conduct), by which the movant would receive some form of the ultimate relief sought as a final judgment, is granted only in ‘unusual’ situations, where the granting of the relief is essential to maintain the status quo pending trial of the action” (Jones v. Park Front Apts. LLC,73 AD3d 612 [1st Dept 2010]). In support of its application plaintiff submits the affidavit of plaintiff’s sole member Michael Petrokansky. Annexed to his affidavit is a deed for the property dated October 28, 2019 conveying it from Wright and Doreen Green (Wright’s wife) to plaintiff. Plaintiff also submits a surrender agreement signed by Wright, Green and Green’s sister wherein they agreed to vacate the property on January 28, 2020. Plaintiff agreed to extend the vacate date and in or around April or May 2020 Green and her sister vacated the property but Wright did not. (NYSCEF Doc No 4
5-10)1. Petrokansky states that Wright called him on November 13, 2020 and told him he had vacated the property. According to Petrokansky, Green then agreed to meet him at the premises and do a walk through on November 19, 2020. At the walk through Green confirmed that her and Wright’s belongings were removed and she signed a surrender acknowledgment agreeing that the property was vacated. On November 21, 2020 Petrokansky states that he changed the locks and that on November 24, 2020 an NYPD officer contacted him claiming an illegal eviction had occurred at the building (id. 17). Petrokansky claims a security camera stopped working at the property on November 30, 2020 and when he went to the building, he found that the padlocks had been cut, the locks were changed and the security camera was destroyed. Subsequently, Wright and Tillman started occupying the building and the NYPD responded to several disputes about who could have access to and occupy the building (id.
