Case Type
Other (Illegal Short-Term Rentals)
Housing Type
Interim Multiple Dwelling
Court
Supreme Court of the State of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
710662/19
Petitioner
City of New York
Respondent
Elvis Tominovic, Romina Tominovic, Loreta Tominovic, Franko Tominovic, Sanya Colic, Suzana Colic, Dragan Mavra, Neo Panayiotou, Ress Services Inc., 31-27 14 Street Realty LLC, 47-15 28 Avenue Realty LLC, 47-15 28 Avenue Realty LLC, Istra Jazz Inc., R&S Living Inc., and "John Doe" and "Jane Doe" et.al.
Judge
Kerrigan, Kevin J.
Decision/Order Date
2020-01-17
Posture
Pre-answer Motion by Plaintiff
Disposition
Motion Granted for Plaintiff
Winner
Plaintiff Substantially Won
Synopsis
The City of New York brought a motion seeking a preliminary injunction under Multiple Dwelling Law §306 to prohibit certain individuals and companies from permitting the use or occupancy of specified buildings for less than thirty consecutive days. The defendants, including both individuals and corporations, were accused of advertising and renting accommodations for illegal short-term periods, violating housing laws and creating numerous safety hazards. Despite enforcement efforts, the defendants continued their illegal activities, prompting the city to seek injunctive relief. The court found ample statutory basis for the injunction and granted the motion, noting the city's prima facie showing of violations and the immediate threat to public safety posed by the defendants' actions. This case underscores the municipality's authority to seek injunctive relief to enforce housing regulations and protect public welfare, even without demonstrating irreparable harm under traditional legal standards.
Recommended Citation
"City of New York v. Tominovic" (2020). All Decisions. 1513.
https://ir.lawnet.fordham.edu/housing_court_all/1513
