OPINION & ORDER Plaintiff Headsup Penny, Inc. (“Plaintiff”) brings this action pursuant to 42 U.S.C. §1983 (“Section 1983″) alleging violations of the Fourteenth Amendment against the City of Newburgh (the “City”) and Wayne Vradenburgh (together “Defendants”). (ECF No. 1.) Presently before the Court is Plaintiff’s motion for a preliminary and temporary restraining order. (ECF No. 15.) For the following reasons, Plaintiff’s motion is DENIED. BACKGROUND The following facts are taken from the parties’ submissions. See Park Irmat Drug Corp. v.OptumRx, Inc., 152 F. Supp. 3d 127, 132 (S.D.N.Y. 2016) (“In deciding a motion for preliminary injunction, a court may consider the entire record including affidavits and other hearsay evidence.”). I. The City of Newburgh’s City Code The City of Newburgh provides water pursuant to its City Code. Section 293-25(A) states: [w]henever a consumer neglects or refuses to pay a bill rendered for water consumed or commits any violation of §293-19 of this chapter, the Superintendent may discontinue service to the property. Service shall not be discontinued until atleast 15 days’ written notice of the intention to discontinue service has been served on the consumer and the property owner, either personally or by taking the same in a postpaid wrapper to the address of such person. If the property consists in whole or in part of a dwelling or dwellings, notice shall also be given to the occupants by posting a copy of the notice at the doorway of the premises or, in the case of a multiple dwelling, in the public corridor or hallway on each floor of said premises. City Code §293-25(A) (emphasis added). The Code further states “[a]ny consumer, owner or residential occupant may request a hearing from the Superintendent on the discontinuance of service by applying to the Superintendent in writing within five days of the notice.” City Code §293-25(B) (emphasis added). “Consumer” is defined as “[t]he party of a premises contracting for service to a premises, the owner or the legally appointed agent of an owner of premises connected with the distribution system.” City Code §293-1. II. Headsup Penny Plaintiff is a domestic corporation and a commercial tenant of real property located at 392 North Montgomery Street Extension, Newburgh, New York (the “Property”). (Affidavit of Gary Rausenberger (“Rausenberger Aff.”) ECF No. 17 3.) Prior to June 28, 2019, the Property was owned by Plaintiff. (Id. 5.) On or about June 28, 2019, Plaintiff sold the Property, and then leased it back from the landlord. (Id.
