The following e-filed documents, listed by NYSCEF document number (Motion 001) 19, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 61, 66, 67, 97, 98 were read on this motion to/for PREL INJUNCTION/TEMP REST ORDR. DECISION + ORDER ON MOTION Upon the foregoing documents, it is Plaintiffs Urban Commons 2 West LLC, Urban Commons 2 West II LLC, Urban Commons 2 West Ill LLC, and Urban Commons 2 West IV LLC (collectively Tenant) move by Order to Show Cause (OSC) for a Yellowstone injunction: 1. “…tolling the [Tenant's] May 27, 2022 deadline…to cure the purported defaults under [the] lease dated January 1, 2000, between defendant Battery Park City Authority d/b/a Hugh L. Carey Battery Park City Authority, as lessor…and the Board of Managers of Millennium Point Condominium, as lessee…incorporated by reference through [the] sublease dated January 1, 2000, between the [Landlord] as sublessor and [Tenant] as sublessee…; and” 2. “…enjoining and restraining Landlord, and all persons known and unknown, acting on its behalf or in concert with it, in any manner or by any means, from taking any action to terminate the Hotel Unit Sublease, and/or otherwise interfering with [Tenant's] possession of the condominium unit….” (NYSCEF 25, OSC.) According to Tenant, “[t]his action arises from Defendant’s refusal to cooperate with [Tenant's] plan to resurrect the failing former Ritz Carlton at the southernmost tip of Manhattan.” (NYSCEF 36, Amended Verified Complaint (AVC) 1.) On January 1, 2000, defendant Battery Park City Authority OBA the Hugh L. Carey Battery Park City Authority (Landlord) and Millennium BPC Development, LLC (Millennium) entered into a ground lease (the Ground Lease), a hotel lease (the Hotel Lease) and hotel sublease (the Hotel Sublease, and together with the Ground Lease, the Lease). (Id.
12-13; NYSCEF 6, Ground Lease; NYSCEF 7, Hotel Lease; NYSCEF 8, Hotel Sublease.) “[U]ntil March 29, 2018, the Hotel was operated by Ritz Carlton under the Ritz-Carlton brand pursuant to the Hotel Operator Management Agreement with Ritz Carlton.” (NYSCEF 36, AVC 23.) On May 21, 2002, Millennium assigned the Hotel Lease and the Hotel Sublease to MPE Hotel I (Downtown New York) LLC and MPE Hotel I Tenant (Downtown New York) LLC. (NYSCEF 20, Plaintiff’s Memorandum of Law, at 4, n 2) On March 29, 2018, Highgate Hotels, L.P. became the operator of the Hotel as The Wagner at Battery Park. (NYSCEF 36, Amended Complaint 34.) On September 20, 2018, Tenant secured a $96 million mortgage and acquired the Hotel for $147 million. (Id.
