At Part Y of the Civil Court of the | City of New York, held in and for the County of Richmond in the Courthouse thereof located at 927 Castleton Avenue, Staten Island, ‘New York 10310 on the day of July 2014. Civil Court of the City of New York County sricnepd Housing Part Y soe - To x _ _ HASNA TALAL Index No. S 3 270 /\ a | Petitioner, ORDER TO SHOW CAUSE, IN LIEU OF NOTICE OF PETITION TO RESTORE TO | POSSESSION against MARY LOU SHANAHAN; CUT RIGHT LANDSCAPING & CONSTRUCTION, INC.; “JOHN DOE” and “JANE DOE” — Subject Premises: 59 Pompey Avenue, Third Floor |_ Staten Island, New York 10312 —_ Upon the annexed Verified Petition of HASNA JALAL, sworn to on October 23, 2015, LET the Repo (6) of Respondent(s) attorney(s) show cause at Motion Term of the Civil Court ofthe City of New York located at 927 Castleton Avenue, Part Y, Room £7 _, Staten | , Island, New York 10310 on: 1, Sat 930 _AM., or as soon thereafter as counsel may be heard, why Judgment should not be rendered: 1, AWARDING AND RESTORING the Petitioner(s) to possession of the premises; 2. ISSUING A WARRANT OF EVICTION, FORTHWITH, as against Respondents, together with epsts and disbursements;| 3, AWARDING TREBLE DAMAGES in the sum of $1,276,418,61 as against Respondents pursuant to RPAPL § 853 in an amount to be determined at trial; and/or 4. GRANTING such other and further relief as may be just. PENDING the hearing of this proceeding and the entry of a Judgment thereon, Respondent(s) and Respondents attortey(s) or agent(s) isare: 1. Stayed fom re-letting the subject premises; 2. Stayed from removing any of the contents of the premises; 3. Ordered to permit the Petitioner immediate access for limited purpose of securing her possession to the 7 ‘any of her possession remain in the subject premises; LET service of a copy of this oat PR wena Baron (en EAC | Respondent(s) pupsuant corneas 5. ot tre BLM shall be deemed good and —- sufficient. Proof of such service may be filed in the Clerk's office of Housing Part before the retur date of this Order to Show Cause, or on the date of trial with the Clerk in the Part indicated above. Petitioner may serve these papers in person Dat: Deh?To: Mary Lou Shanahan 59 Pompey Avenue, 1" Floor Staten Island, New York 10312 Mary Lou Shanahan clo Jacobi, Sieghardt, Bousanti, Piazza & Fitzpatrick, P.C. Attorneys for Respondent Mary Lou Shanahan 235 Forest Avenue Staten Island, New York 10301 (718) 442-4600 Cut Right Landscaping & Construction c/o Mary Lou Shanahan 59 Pompey Avenue, 1“ Floor Staten Island, New York 10312 “JOHN DOE” 59 Pompey Avenue, 3" Floor Staten Island, New York 10312 “JANE DOE” 59 Pompey Avenue, 3“ Floor Staten Island, New York 10312Civil Court of the City of New York County of Richmbnd — Housing Part Y HASNA JALAL Index No. Petitioner, VERIFIED PETITION IN SUPPORT OF ORDER TO SHOW CAUSE aghinst MARY LOU SHANAHAN; CUT RIGHT LANDSCAPING & CONSTRUCTION, INC.; “JOHN DOE” and “JANE DOE” Respondents. Subject Premises} 59 Pompey Avenue, Third Floor Staten Island, New York 10312 —x (A JALAL, alleges as follows: ‘The Petition of Pétitioner, HAS) 1. Lamm the Petitioner as such I have personal knowledge of the facts alleged herein, unless alleged uppn information and belief, and as to those facts I believe them to be true to the best of my knowledge. 2. Tam the lawful occupant of 59 Pompey Avenue, Third Floor, Staten Island, New York 10312 (“Subject Premises”). 3. [have occupied the Subject Premises pursuant to a written lease agreement as a month to month since September 1, 2015, with a monthly rent of $1,495.00 per month, 4. I paid security in the sum of $1,495.00 and 2 months’ rent in the sum of $2,990.00. 5. While I recollect that a Thirty (30) Day Notice from the Law Firm of Jacobi Sieghardt Bousanti Piazza & Fitzpatrick PC was taped to my door, the notice indicated that I had until October 31, 2015 to vacate.6. ly month-to-month tenancy has not been terminated by legal process and remains in full fotce and effect. 7. Upon information and belief, Respondent MARY LOU SHANAHAN is a natural person who resides at 59 Pompey Avenue, First Floor, Staten Island, New York 10312. 8 Upon information and belief, Respondent MARY LOU SHANAHAN is the title owner of the residential dwelling wherein the Subject Premises is situated. 9% Respondent CUT RIGHT LANDSCAPING & CONSTRUCTION, INC. is a domestic business corporation organized under, and existing by virtue, of the laws of the State of New York, and jnaintains its principal place of business at 59 Pompey Avenue, First Floor, Staten Island, New York 10312. 10. Upon information and belief, Respondent CUT RIGHT LANDSCAPING & CONSTRUCTION, INC. assisted Respondent MARY LOU SHANAHAN in disposing of my personal property, i. Upon information and belief, Respondent MARY LOU SHANAHAN is the sole owner and shareholder of Respondent CUT RIGHT LANDSCAPING & CONSTRUCTION, INC. 12. PURSUANT TO RPAPL 713(10) ‘The Respondent MARY LOU SHANAHAN and Respondent CUT RIGHT LANDSCAPING] & CONSTRUCTION, INC. gained possession of the Subject Premises forcibly, without the consent or authorization of the Petitioner, and continue to forcibly and unlawfully withhgld possession from the Petitioner;13, THe Respondent MARY LOU SHANAHAN and Respondent CUT RIGHT LANDSCAPING & CONSTRUCTION, INC. took possession of the Subject Premises on or about October 1, 14. | Re possession and Petitioner at any 15. U the Subject Premi said tenants shall Respondent “IA 16. TI Subject Premises 015. spondent MARY LOU SHANAHAN was not awarded a judgment of warrant of eviction with respect to the Subject Premises as against the ime. mn information and belief, Respondent MARY LOU SHANAHAN has re-let ises to new tenants, whose identities are unknown to Petitioner at this time, and be identified by the fictitious designation of Respondent “JOHN DOE” and IE DOE.” e Petitioner has not abandoned, or otherwise surrendered possession of the to the Respondents. 17. The Petitioner is irreparably harmed by the Respondents’ unlawful occupancy of the Subject Premi Premises, which Svar ses insofar as the Petitioner is deprived of the use and enjoyment of the Subject remises the Petitioner has the legal right to occupy. Petitioner is continually damaged by the Respondents’ unlawful occupancy of the Subject Premises and is now homeless. 19. Th RPAPL 713(10) and disbursements. Petitioner is entitled to possession of the Subject Premises pursuant to long with the issuance of a warrant of eviction forthwith, together with costs AS AND FOR SECOND CAUSE OF ACTION AGAINST THE RESPONDENTS FOR TOTAL 20. Th ‘ACTUAL EVICTION Petitioner repeats and realleges the foregoing paragraphs as if fully set forth herein.2. October 1, 2015, the Petitioner had the legal right to occupy the Subject Premises by virtue of her month-to-month. ane the permission of je Respondents forcibly entered and unlawfully occupied the Subject Premises without the Petitioner, and totally deprived the Petitioner access to the Subject Premises. 23. The Respondents unlawfully and intentionally deprived the Petitioner access of the Subject Premises without resorting to legal process. m4 TI the Subject Premi 23.7 diem, 26. A $1,150.00 (23 day: Subject Premises. Petitioner sustained actual damage to the extent that it lost the use and enjoyment of s, which damages continue to accrue until the Petitioner is restored to possession, le monthly rent, pursuant to the terms of the lease is $1,495.00 per month or $49.83 per cordingly, the Respondents caused the Petitioner actual damages in the amount of at $50.00 per diem) on account of the Petitioner’s loss of the use and enjoyment of the 27. Based on the foregoing, the Petitioner sustained in actual damages, to date, on account of the Petitioner's total actual eviction. 28. In damages in an am¢ Respondent MAR) include, among ma \ddition to the foregoing, the Petitioner is entitled to punitive damages and/or treble junt to be determined at trial, but for a sum not less than $3,450.00 on account of the LOU SHANAHAN’ repeated instances of harassment of the Petitioner's, which iy other incidents, the following On of about September 6, 2015, Respondent MARY LOU SHANAHAN banged on the Petitioner’s door, She was yelling that she did not want me to speak Arabic because she was afraid I would scaré the neighbors and that they would think I was affiliated with Al Qaida. In addition, she tumed off my electricity. I called law enforcement, and law enforcement directed Respondent MARY LOU SHANAHANto restore electric service. In addition, law enforcement issued Respondent MARY LOU SHANAHAN a summons. On almost a daily basis, Respondent MARY LOU SHANAHAN left handwritten notes on my doors saying such things as “Get the fuck out of my house”, “You're a fucking nasty Arabic pig” and so forth. Respondent MARY LOU SHANAHAN has managed to get in contact with my ex- husband, who never lived with me at the Subject Premises and whose identity was unknown to Respondent MARY LOU SHANAHAN until just recently. I believe she discovered my husband’s name and contact information by her opening my mai have an order of protection against my ex-husband, and I am in the midst of a custody battle with him over my daughter. Upon information and belief, Respondent MARY LOU SHANAHAN is colluding with my ex-husband to prejudice my ability to maintain custody of my daughter. I have seen her in Family Court with my ex- husband during a recent hearing, On another occasion, Respondent MARY LOU SHANAHAN entered the Subject, Premises without my permission while I was taking a shower. I was playing Arabic music on my stereo, and she took it upon herself to enter the Subject Premises without my permission in order to turn off my stereo. I was not playing the music at a loud volume, and the same was barely audible from the shower. On September 16, 2015, Respondent MARY LOU SHANAHAN entered the Subject Premises with her key and broke the chain lock that I placed on the door. When she entered, she seized my phone in order to stop me from calling 911 and broke my phone on the floor. She then proceeded to take my hookah pipe and my broken phone out of the Subject Premises.29. This total actual evietion is yet another instance of the recurring harassment engaged in by Respondent MARY LOU SHANAHAN, and so the Petitioner is entitled to punitive damages and/or treble in an amour! AS AND FO! to be determined at trial. THIRD CAUSE OF ACTION AGAINST THE BESHARA RESPONDENTS PURSUANT TO RPAPL 853 30. THe Petitioner repeats and realleges the foregoing paragraphs as if fully set forth herein. 31. The Petitioner was, and still is, entitled to possession of the Subject Premises by virtue of having paid two m to-month tenancy. mnths’ worth of rent and one months’ worth of security, thereby establishing a month- 32. The Respondents when they entered into the Subject Premises on October 1, 2015, disposed of all my 3. «7 ersonal property. Petitioner is entitled to treble damages as against the Respondents pursuant to RPAPL 853 in an amount to be determined at trial, but in no event for sums less than that indicated below which constituted t ) 1¢ Petitioner's documented losses as a result of the Respondents’ malfeasance: HOME GOODS, APPLIANCES AND FURNISHINGS. TOTAL $32,917.47 a. Furniture from Raymour & Flanigan -- $8,492.20, in the aggregate; b. Kitchenware, appliances, home goods - $15,000.00 ©. One (1) air-conditioner - $200.00 4. Three (3) sets of bedroom linens ~ $400.00 e._ Home décor and wall art ~- $5,000.00 £. Two (2) large mirrors -- $1,400.00 8 Nine (9) floor rugs ~- $1,350.00 h. One (1) refrigerator -- $400.002) 3X 4) i, One (1) microwave ~ $250.00 J. Walmart ~ $117.50 Kk, Curtains — 114.17 |. Frenchi Home Furnishing Cherry 3-Piece Vanity Set~ 193.90 BABY SUPPLIES AND CLOTHES. TOTAL: $20,107.70 a, ToysRUs/BabysRUs — clothes, supplies ~ $14,675.59 b. Bottles ~ Global Boost MD LLC ~ $67.00 c. Walmart — baby supplies — $3,459.70 4. BuyBuyBaby.com — baby supplies - $1,904.88 ELECTRO! EAL: $14,714.30 a. Two (2) televisions, one with 63” screen, another with a $9” screen — $6,000.00 in the aggregate; b. Two (2) Mac laptops ~ $4,000.00 ©. Samsung Galaxy 5S mobile phone —- $900.00; d. One (1) Apple iMAC desktop computer ~ $2,000.00 ©. One (1) Sony wireless stereo ~ $1,000.00 f. Apple iPad4 —- $299.99 8. Refurbished HP Black Laptop PC — 200.00 h, Samsung 18190 Galaxy $ III Mini Android Smartphone ~ 314.31 JEWELRY ~ TOTAL: $93,152.76 a. One (1) 5 carat diamond bracelet - $40,000.00 b. 24 carat gold bracelet , gifted by Fatiha Jalal -- $5,000.00 c. 24 carat gold necklace, gifted by Fatiha Jalal - $8,500.004d. 24 carat gold necklace, gifted by Mohamed Jalal -- $15,000.00 ©. 2 carat, fancy cut diamond for my wedding ring, gifted by ex-husband ~ $16,199.00 f, 14 carat white gold bridal ring setting for my wedding ring, gifted by ex- husband -- $5,203.13 & Movado watch gifted by ex-husband ~ $1,268.39 hh. Second Movado watch gifted by ex-husband-- $1,982.34 a. One (1) Rolex watch ~ $35,000.00 b. Gold Rolex Oyster Perpetual midsize watch, gifted by Fatiha Jalal ~ $16,000.00 c. Baume and Mercier Men's Hampton watch -- $1,507.92 d. Evening dress and accessories from MissesDressy — $1,282.55 fe. One (1) Hermes handbag -- $15,000.00 One (1) Hermes Birkin Bag Orange H Epsom ~ $35,000.00 8. Macy’s clothes, shoes and accessories - $9,021.54 Dillard’s 738.95, Contact lenses ~ Soleko Queens Solitaire from M.A Lens Marketplace Ltd — 83.81 Jj. Contact Lenses -- Hi Drocor Ice from WrLens -- $113.28 k. Contact Lenses ~ Shop4Frames.com -- $41.97 Two (2) Louis Vuitton Luggage Trolleys ~ $8,000.00 m. One (1) Luis Vuitton Luggage set, gifted by Fatiha Jalal -- $6,700.00 ‘One (1) Gucci Bamboo Shopper Leather Tote ~ $2,811.18 ° ‘One (1) Gucei wallet (soho blue leather zip around wallet) ~ $666.484 OT p. Designer Shoes Warehouse ~ 216.82 4. Beautymojo cosmeties -- $67.00 r, Eyelash adhesive -- $39.00 6)| Photographs, family picture, baby pictures, wedding pictures, 70-80 books, various gifts, passport, green card, birth certificate, Social Security card, daughter’s Social Security card — in an amount to be determined at trial (e Petitioner claims a total of $425,472.87 in actual damages. 35. Pursuant to RPAPL 853, the Petitioner seeks treble for the sum of $1,276,418.61 on account of the sspondent MARY LOU SHANAHAN’s repeated instances of harassment of the Petitioner as set fotth in more detail above. 36. _ Injaddition to the foregoing, the Petitioner is entitled to punitive damages in an amount to be dete mined at trial on account of the Respondent MARY LOU SHANAHAN’s repeated instances of harassment of the Petitioner. 37. ON prior application has been made for the relief sought herein.WHEREFORE it Order to Show C} deems just and p Dated: October Staten Is! STATE OF NE COUNTY OF RI HASNA JALAL| contents of the alleged upo material allegatic is from the book: Respondents. is respectfully requested that the Court grant the relief prayed for in the instant use and Verified Petition as well as such other and further relief as this Court yper. 3, 2015 and, New York Hasna Jalal Petitioner VERIFICATION YORK }ss:. SHMOND } ing duly swom states that the deponent has read the annexed petition, the uiswer are true to deponent’s knowledge except as to those matters which are mation and belief. As to them, deponent believes them to be true, The ms are within the personal knowledge of deponent, the information stated above and records of the deponent, or from the deponent’s direct dealings with the HASNA JALAL Petitioner ie this 2015 aX ~“ velo ue ork # 02M06267380 Qualified in Richmond Cou My Commission ExpiresCivil Court of the City of New York County of Richm ind — Housing Part Y HASNA JALAL Index No. Petitioner, against MARY LOU SI & CONSTRUCTI Subject Premises: |ANAHAN; CUT RIGHT LANDSCAPING IN, INC.; “JOHN DOE” and “JANE DOE” Respondents, 59 Pompey Avenue, Third Floor Staten Island, New York 10312 ORDER TO SHOW CAUSE TO RESTORE TO POSSESSION ILLEGAL LOCKOUT Pursuant to 22 N} of New York Stat afier an inquiry contentions cont Dated: October ‘THE LAW OFFICE OF NICHOLAS M. MOCCIA, P.C. Attorneys for Petitioner Hasna Jalal 60 Bay Street, Penthouse Staten Island, NY 10301 (718) 701-5772 ‘CRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts fe, certifies that to the best of my knowledge, information and belief, formed asonable under the circumstances, the presentation of this document or the ined therein are not frivolous. // Z Signature: 3, 2015