157 W. 123rd St. Hous. Dev. Fund Corp. v. 157 W. 123rd St. Hous. Dev. Fund Corp.

157 W. 123rd St. Hous. Dev. Fund Corp. v Green 2026 NY Slip Op 30829(U) March 4, 2026 Supreme Court, New York County Docket Number: Index No. 166266/2025 Judge: Emily Morales-Minerva Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official publication.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1662662025.NEW_YORK.001.LBLX000_TO.html[03/16/2026 3:45:40 PM] FILED: NEW YORK COUNTY CLERK 03/04/2026 11:46 AM INDEX NO. 166266/2025 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/04/2026

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 42M ---------------------X WEST 123RD STREET HOUSING DEVELOPMENT INDEX NO. 166266/2025 FUND CORPORATION, Plaintiff, MOTION DATE 03/03/2026 -v- MOTION SEQ. NO. 001 SAMUEL NEVERSON GREEN, JERMAINE JACKSON, JOHN DOE AND JANE DOE DECISION+ ORDER ON Defendants. MOTION ---------------------X HON. EMILY MORALES-MINERVA: The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 were read on this motion to/for INJUNCTION/RESTRAINING ORDER APPEARANCES: Moulinos & Levinas PLLC, New York, NY (Rosa A DiMaria, Esq., and Peter Moulinos, Esq.) for plaintiff.

HON. EMILY MORALES-MINERVA: In this action for, among other things, a declaratory judgment and injunctive relief, plaintiff 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND CORPORATION moves, by order to show cause (motion sequence number 01), for a preliminary injunction prohibiting defendants SAMUEL NEVERSON GREEN and JERMAINE JACKSON from (1) performing, commencing or continuing any unapproved, illegal construction, demolition, renovation, plumbing and electrical work (work} in Unit #6G (premises) located at 157 West 123rd Street, New York, New York 10027 166266/2025 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND CORPORATION vs. Page 1 of 4 NEVERSON GREEN, SAMUEL ET AL Motion No. 001

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(building); (2) interfering with the building's plumbing, electrical, structural, or common systems; (3) threatening, harassing, intimidating, or otherwise interfering with plaintiff, its board members, and residents; and (4) blocking, denying, or otherwise restricting access to the premises to plaintiff, its board members, managing agent, superintendent, and engineers for the purpose of inspection, remediation of unsafe conditions, or enforcement of plaintiff's rights (see New York State Court Electronic Filing System [NYSCEF] Doc. No. 04, order to show cause, dated December 23, 2025).

Pending the hearing on the request for a preliminary injunction, the court (J. Clynes, J.S.C.) granted plaintiff a temporary restraining order, enjoining defendants from, among other things, performing, commencing, or continuing any work within the premises (see NYSCEF Doc. No. 20, signed order to show cause with interim relief granted, dated December 24, 2025). Defendants did not submit opposition to the motion (seq.

no. 01) .

The order to show cause (mot. seq. no. 01) was returnable in Part 42M, 111 Centre Street, New York, New York, on March 3, 2026, at 11:00 A.M. At the call of the calendar, only plaintiff appeared, by counsel. Defendants both failed to appear and proffer a reasonable excuse for said failure.

166266/2025 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND CORPORATION vs. Page 2of4 NEVERSON GREEN, SAMUEL ET AL Motion No. 001

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Therefore, the order to show cause ( mot . seq. no . o1) is granted without opposition. Accordingly, it is hereby ORDERED that the motion, by order to show cause, of plaintiff 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND CORPORATION is granted, without opposition; it is further ORDERED that defendants SAMUEL NEVERSON GREEN and JERMAINE JACKSON, their agents, employees, contractors, invitees, or anyone acting on behalf of or in concert with defendants are enjoined and restrained from (1) performing, commencing or continuing any unapproved, illegal construction, demolition, renovation, plumbing and electrical work in Unit #6G located at West 123rd Street, New York, New York 10027; from (2) interfering with the building's plumbing, electrical, structural, or common systems, including, but not limited to, the main water line of the G-line; from (3) threatening, harassing, intimidating, or otherwise interfering with plaintiff, its board members, managing agent, contractors, agents, or lawful residents of the building who seek to enforce the plaintiff's rights or prevent the aforementioned work; and from (4) blocking, denying, or otherwise restricting access to the premises to plaintiff, its board members, managing agent, superintendent, engineers, or safety personnel for the purpose of inspection, remediation of unsafe conditions, or enforcement of plaintiff's rights; it is further 166266/2025 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND CORPORATION vs. Page 3 of4 NEVERSON GREEN, SAMUEL ET AL Motion No. 001

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ORDERED that, within ten days from the date of this decision and order, plaintiff shall serve a copy of this order, with notice of entry, on defendants by overnight federal express courier service; it is further ORDERED that the parties must appear for a virtual conference, with a Microsoft TEAMS link to be provided, on April 30, 2026, at 11:00 A.M.; and it is further ORDERED that the Clerk of Court shall mark the file accordingly.

3/4/2026 DATE CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

166266/2025 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND CORPORATION vs. Page4 of4 NEVERSON GREEN, SAMUEL ET AL Motion No. 001

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