Preview
FILED: KINGS COUNTY CLERK 05/15/2024 01:54 PM INDEX NO. 536834/2023
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 05/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------X Index No. 536834/2023
JULIA HEAVEY, EDUARDO MARTINEZ, SAMUEL
BATCHELOR, BRET BARASCH, and GABRIELLE
KOTKOV,
NOTICE OF ENTRY
Petitioners,
-against-
ISABELLE GALLIER, JONATHAN SIMON, and 130
HICKS STREET OWNERS, INC.,
Respondents.
-------------------------------------------------------------------X
PLEASE TAKE NOTICE that the within is a true copy of the order signed by the Hon.
Katherine A. Levine, J.S.C. dated and entered in the office of the Clerk of the Kings County Court
on May 7, 2024.
Dated: Yonkers, New York
May 15, 2024
SMITH BUSS & JACOBS, LLP
Attorneys for Petitioners
By: Jennifer L. Stewart
Jennifer Stewart, Esq.
733 Yonkers Avenue, Suite 200
Yonkers, New York 10704
(914) 476-0600
1 of 2
FILED: KINGS COUNTY CLERK 05/15/2024
05/07/2024 01:54
01:17 PM INDEX NO. 536834/2023
NYSCEF DOC. NO. 107
104 RECEIVED NYSCEF: 05/15/2024
05/07/2024
At an I.A.S. Term, Part 92 of the Supreme Court of the
Trial
State of NewYork,
held in and for the County of Kings, at the
Courthouse, located at Civic Center, Borough of Brooklyn,
City and State of Neyv York, on the 7th day of May2024.
PRE S ENT:
Hon. Katherine Levine , J.S.C.
Julia Heavey, Eduardo Martinez, Samuel Batchelor,
Bret Barasch, and Gabrielle Kotkov, Plaintiff(s) Cal. No. 1,2,3
Index No. 536834/2023
-against-
INTERIM ORDER
Isabelle Gallier, Jonathan Simon, and
130 Hicks Street Owners, Inc.
Defendant(s)
A conference having been held on April 16, 2024, at 11:30 a.m., before the Honorable Katherine Levine, and after
hearing arguments from counsel for the Petitioners and counsel for the Respondents, it appearing that there exist
cognizable arguments that Petitioners were duly elected to the board of directors of the cooperative housing corporation
known as 130 Hicks Street Owners, on September 7, 2023, and to ensure the fair and
Inc., (the "Cooperative")
legitimate conduct of the upcoming annual meeting of shareholders for the election of directors of the Cooperative,
scheduled for April 18, 2024, and without prejudice to the Court's ruling on any pending motion, it is hereby
ORDERED
that the individual respondents, Isabelle Gallier and Jonathan Simon, are precluded from holding
themselves out as officers, directors, or authorized agents of the Cooperative; and it is further
ORDERED
that upon notice of the outcome of the April 18, 2024 election, respondents Isabelle Gallier and Jonathan
Simon shall immediately turnover to the newly elected board of directors all of the books, records and accounts of the
Cooperative, wherever located, including, without limitation, all bank and investment accounts, contracts, board
meeting minutes, financial records, tax records, audit reports, vendor contracts and records, shareholder records, share
certificates, proprietary leases, property tax records, all building and elevator keys, security cameras and access thereto,
utilities accounts and records, insurance records, complaint and resolution logs, repair and construction records, to the
extent such records exist, and all other books and records of the Cooperative. Respondents shall provide the last known
location, to the extent known, of any books and records that are not in their possession, custody or control.
For Clerks use only: ENTE R
MG
J.S.C.
MD
HON. KATHERINEA. LEVINE
#
Motion seq. 1,2,3 JUSTICE SUPREMECOURT
STMrev. 8/2020
1 of 2
2 1
Preview
FILED: KINGS COUNTY CLERK 05/15/2024 01:54 PM INDEX NO. 536834/2023 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 05/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X Index No. 536834/2023 JULIA HEAVEY, EDUARDO MARTINEZ, SAMUEL BATCHELOR, BRET BARASCH, and GABRIELLE KOTKOV, NOTICE OF ENTRY Petitioners, -against- ISABELLE GALLIER, JONATHAN SIMON, and 130 HICKS STREET OWNERS, INC., Respondents. -------------------------------------------------------------------X PLEASE TAKE NOTICE that the within is a true copy of the order signed by the Hon. Katherine A. Levine, J.S.C. dated and entered in the office of the Clerk of the Kings County Court on May 7, 2024. Dated: Yonkers, New York May 15, 2024 SMITH BUSS & JACOBS, LLP Attorneys for Petitioners By: Jennifer L. Stewart Jennifer Stewart, Esq. 733 Yonkers Avenue, Suite 200 Yonkers, New York 10704 (914) 476-0600 1 of 2 FILED: KINGS COUNTY CLERK 05/15/2024 05/07/2024 01:54 01:17 PM INDEX NO. 536834/2023 NYSCEF DOC. NO. 107 104 RECEIVED NYSCEF: 05/15/2024 05/07/2024 At an I.A.S. Term, Part 92 of the Supreme Court of the Trial State of NewYork, held in and for the County of Kings, at the Courthouse, located at Civic Center, Borough of Brooklyn, City and State of Neyv York, on the 7th day of May2024. PRE S ENT: Hon. Katherine Levine , J.S.C. Julia Heavey, Eduardo Martinez, Samuel Batchelor, Bret Barasch, and Gabrielle Kotkov, Plaintiff(s) Cal. No. 1,2,3 Index No. 536834/2023 -against- INTERIM ORDER Isabelle Gallier, Jonathan Simon, and 130 Hicks Street Owners, Inc. Defendant(s) A conference having been held on April 16, 2024, at 11:30 a.m., before the Honorable Katherine Levine, and after hearing arguments from counsel for the Petitioners and counsel for the Respondents, it appearing that there exist cognizable arguments that Petitioners were duly elected to the board of directors of the cooperative housing corporation known as 130 Hicks Street Owners, on September 7, 2023, and to ensure the fair and Inc., (the "Cooperative") legitimate conduct of the upcoming annual meeting of shareholders for the election of directors of the Cooperative, scheduled for April 18, 2024, and without prejudice to the Court's ruling on any pending motion, it is hereby ORDERED that the individual respondents, Isabelle Gallier and Jonathan Simon, are precluded from holding themselves out as officers, directors, or authorized agents of the Cooperative; and it is further ORDERED that upon notice of the outcome of the April 18, 2024 election, respondents Isabelle Gallier and Jonathan Simon shall immediately turnover to the newly elected board of directors all of the books, records and accounts of the Cooperative, wherever located, including, without limitation, all bank and investment accounts, contracts, board meeting minutes, financial records, tax records, audit reports, vendor contracts and records, shareholder records, share certificates, proprietary leases, property tax records, all building and elevator keys, security cameras and access thereto, utilities accounts and records, insurance records, complaint and resolution logs, repair and construction records, to the extent such records exist, and all other books and records of the Cooperative. Respondents shall provide the last known location, to the extent known, of any books and records that are not in their possession, custody or control. For Clerks use only: ENTE R MG J.S.C. MD HON. KATHERINEA. LEVINE # Motion seq. 1,2,3 JUSTICE SUPREMECOURT STMrev. 8/2020 1 of 2 2 1