La Reddola Lester Obtains Preliminary Injunction Preventing Clients’ Eviction from Business Premises They Owned and Occupied for 25 Years Pending Resolution of Dispute over Validity of Treasurer’s Deed
The Firm’s clients were faced with imminent eviction and the loss of its gasoline service station business and the commercial property on which they owned and operated for 25 years after it lost the property to a Treasurer’s Deed for the failure to redeem a real estate tax lien. In granting the Firm’s clients’ motion for a preliminary injunction to stay the eviction proceeding against them, the Court found that the “clearest factor in favor of Petitioners is the irreparable injury that will result to the gasoline and car repair business that has been built up over the years if Petitioners are evicted.” On the Firm’s clients’ likelihood of success on the merits that two of the occupants of the property were not served with the notice to redeem the tax lien as required by law, the Court noted that the tax lien holder “admits that he did not serve [two property occupants], despite the requirement of Nassau County Administrative Code § 5-51.0(a) that “occupant(s)” be served.” Konstantinos Paliogiannis, et al. v. Yousef Habibian, d/b/a Frontpage Investments, et al., Index No. 8931/2015 (Sup. Ct. Nassau).