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City of New York v. Goldman

City Granted Preliminary Injunction, Plaintiff Fulfilled Three-Prong Test

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 8, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48, 49, 50, 58, 59, 60, 61, 70, 71 were read on this motion to/for INJUNCTION/RESTRAINING ORDER. DECISION/SETTLE ORDER In this action to abate a public nuisance, plaintiff the City of New York (the City) moves by order to show cause for an order, pursuant to Administrative Code of the City of New York §§7-707 and 28-205.1, CPLR 6311, and Judiciary Law §140-b, to preliminarily enjoin defendants and their agents, employees, representatives, and others acting in concert with them during the pendency of this action to: (1) immediately comply with all outstanding orders from the New York City Department of Buildings (DOB) related to the premises located at 579 Third Avenue and 581 Third Avenue, Block 919, Lot 001 (together, the Premises), in New York County, including retaining a New York State licensed professional engineer and a DOB-registered contractor to evaluate the Premises, file all necessary plans to repair the Premises and begin work to permanently repair the structural conditions by a date certain; and (2) immediately abate all conditions at the Premises giving rise to a public nuisance and to refrain from engaging in any further acts or omissions giving rise to a public nuisance at the Premises. Background Defendant BLDG East 38 Street, LLC (Owner) is the fee owner of the Premises, and defendants Sophia Lamas and Besnick Ziba are two of its officers (NY St Cts Elec Filing [NYSCEF] Doc No. 1, complaint,

1 and 5-7). Defendant BLDG Management Co. Inc. (BLDG Management) is the managing agent for the Premises, and defendant Lloyd Goldman is its president (id.,

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