Supreme Court Rejects Store’s Plea to Block Eviction

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.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Tiffani Time Makes Her WIFEY Debut

Newly crowned XMA Creator Awards Rising Clip Creator Tiffani Time stars with her husband Benfit and Jax Slayher in the latest release from Vixen Media Group studio imprint WIFEY.

Karmen Karma Stars in Latest From Ricky's Room

Karmen Karma stars in the latest release from Ricky's Room, titled "A Long Time Cumming."

Electric Novelties Debuts New 'Gemsations' Anal Plug Collection

Electric Novelties has introduced its Gemsations line of anal plugs in silicone and metal options.

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

Cubbi Thompson Makes Her Jules Jordan Debut

Cubbi Thompson has made her Jules Jordan debut alongside Lexington Steele in the studio's latest release.

Seth Gamble Drops Trailer for Upcoming Feature 'Once Upon a Time in the Valley'

Multi-XMAs winner Seth Gamble has released the trailer for his upcoming Wicked Pictures feature, "Once Upon a Time in the Valley."

Adam & Eve Reveals Results of 'Happy Ending Dream' Survey

Adam & Eve has released the results of a survey asking respondents if they have ever had a sex dream with a happy ending.

Ryan Reid Stars in Latest From Brazzers

Ryan Reid stars with Damon Dice in “A Day in the Life,” from Brazzers.

Andylynn Payne Toplines Joey Silvera's 'Trans-Active 30'

Andylynn Payne headlines director Joey Silvera’s “Trans-Active 30” from Evil Angel.

Violet Myers, Megan Faith Star in Latest From Slayed

Reigning XMAs Premium Social Creator of the Year Violet Myers stars with Megan Faith in the latest release from Vixen Media Group studio imprint Slayed.

Show More