Home > News > Supreme Court Rejects Store’s Plea to Block Eviction • Bookmark   • Newsletters   • Register Search Options


Supreme Court Rejects Store’s Plea to Block Eviction

Supreme Court Rejects Store’s Plea to Block Eviction
Get XBIZ News
Jan 30, 2006 3:45 PM PST    Text size: 
VALLEY STREAM, N.Y. — The New York State Supreme Court has rejected an appeal from Hempstead Video for an injunction against the eviction of the company’s Xpressions adult store in the village of Valley Stream.

The decision is a virtual death blow to Xpressions, which has been barred from operating under a temporary injunction since 2003.

Rockaway Associates, the building’s landlord, is claiming that Hempstead Video broke its lease when it ceased operation (and stopped paying rent) and is seeking to evict the store from the premises.

Given the court’s refusal to grant Hempstead Video a “Yellowstone” injunction — a New York Supreme Court proceeding initiated by the tenant asking the court to maintain the status quo when the landlord seeks to terminate the lease — Rockaway Associates is now free to begin eviction procedures.

“It’s a step in the right direction,” Rockaway Associates attorney Mike Sullivan said. “I am cautiously optimistic that Hempstead Video will never operate at that location again.”

However, Rockaway Associates still must have a judge determine whether the company broke its lease agreement; and even if a judge sides with Rockaway Associates on that matter, Hempstead Video could delay an eviction by appealing the case to a higher court.

The eviction issue may become a moot point, however, on Feb. 6, when the state’s Supreme Court will hear arguments regarding Valley Stream’s request to permanently close the store on the grounds that it had been operating illegally from 1996 to 2002.

In 1996, Valley Stream passed a zoning ordinance called Local Law 4 that made it illegal for Hempstead Video to continue operating the store in its current location. However, Hempstead Video brokered an agreement with the town to grandfather in Xpressions under special conditions, including an agreement that the company would not operate private viewing booths on the premises.

In 2002, a former employee informed city officials that the store was operating viewing booths. Code enforcement officers quickly whacked the store with more than 450 citations and gave Hempstead Video 120 days to remove the booths, but the company took six months to do so, prompting a lower court to void the 1996 agreement.

The lower court also granted Valley Stream the temporary injunction forcing Hempstead Video to cease operations at the store. The state’s Supreme Court will decide on Feb. 6 whether to make the injunction permanent.

Ironically, the court in its ruling on the eviction issue said that if Hempstead Video’s dispute with the town had been favorably resolved, it likely would have granted the company an injunction against eviction.

The court said that, although the company appears to have grounds for an injunction, its unresolved legal dispute with the town prevented the court from granting the injunction.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Fraudulent Brazilian Trademark Registrations Running Rampant

Although you might not think often about protecting your trademark rights in Brazil, you need to — even if you don’t yet have a single Brazilian customer. Scammers are constantly looking for... More »

Visa Cracks Down on ‘Shell’ Billing Firms

There was a time not so long ago when website operators created billing companies in favorable jurisdictions, whose sole purpose was to bill customers for services provided by the operator and remit the... More »

Randazza: Trump Victory, Big Prop 60 Win

On Tuesday afternoon, I boarded a transatlantic flight. Given all of the negativity in the 2016 presidential race, I was delighted that I would be absent for the results. I found both Donald Trump and... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.


Everything To Do With Sex Show

Jan 27 - Jan 29
Halifax, Nova Scotia

The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!