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AMELIUS v. GRAND IMPERIAL LLC

155226/2016.

2017 NY Slip Op 27297

RICHARD AMELIUS, SINJA CHO, ILONA FARKAS, OLGA PAPKOVITCH, JESSE ZHU, THE CITY OF NEW YORK, Plaintiffs, v. GRAND IMPERIAL LLC, IMPERIAL V LLC, IMPERIAL COURT MANAGEMENT LLC, MICHAEL EDELSTEIN, THE LAND AND BUILDING KNOWN AS 307 WEST 79th STREET, BLOCK 1244, LOT 8, COUNTY, CITY and STATE OF NEW YORK, IMPERIAL SUCCESS LLC, F & M IMPERIAL LLC, FLORENCE EDELSTEIN, and "JOHN DOE" and "JANE DOE," NUMBERS 1 THROUGH 10, FICTITIOUSLY NAMED PARTIES, TRUE NAMES UNKNOWN, THE PARTIES INTENDED BEING THE MANAGERS OR OPERATORS OF THE BUSINESS BEING CARRIED ON BY, defendants GRAND IMPERIAL LLC, IMPERIAL V LLC, IMPERIAL COURT MANAGEMENT, IMPERIAL SUCCESS LLC, and/OR F & M IMPERIAL LLC, and ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST IN THE REAL PROPERTY WHICH IS THE SUBJECT OF THIS ACTION, Defendants.

Supreme Court, New York County.

Decided September 11, 2017.

Attorney(s) appearing for the Case

Goddard Riverside Law Project, ( Shafaq Islam, Esq. of counsel), 51 West 109th Street, New York, NY 10025, (212) 799-9638, and Urban Justice Center, ( Sadia Rahman, Esq. and Stephanie Rudolph, Esq. of counsel), 123 William Street, 16th Floor, New York, NY 10038, (646) 459-3009, for the tenant plaintiffs.

Zachary W. Carter , Corporation Counsel of the City of New York, ( Brian Krist, Esq. , Special Assistant Corporation Counsel, of counsel), Mayor's Office of Special Enforcement, 1 Centre Street, Room 1012N, New York, NY 10007, (646) 576-3460, for the City.

Chehebar Deveney & Philips, ( Charles Chehebar, Esq. and Cornelius P. McCarthy, Esq. of counsel), 485 Madison Avenue, Suite 1301, New York, NY 10022, (212) 532-8204, For defendants.

ZwillGen PLLC, ( Nicholas A. Jackson, Esq. of counsel), 232 Madison Avenue, Ste. 500, New York, NY 10016, (646) 362-5590, for non-party Yelp, Inc.

THE DECISION AND ORDER ON THE MOTIONS IS AS FOLLOWS:

The Imperial Court Hotel is a 227-unit single-room occupancy (hereinafter "SRO") multiple dwelling located at 307 West 79th Street, New York, New York, owned and operated by defendants. It was built in 1906 and, since it was granted its first certificate of occupancy...

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