The opinion
157 W. 123rd St. Hous. Dev. Fund Corp. v
Green
2026 NY Slip Op 30829(U)
March 4, 2026
Supreme Court, New York County
Docket Number: Index No. 166266/2025
Judge: Emily Morales-Minerva
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1662662025.NEW_YORK.001.LBLX000_TO.html[03/16/2026 3:45:40 PM]
FILED: NEW YORK COUNTY CLERK 03/04/2026 11:46 AM INDEX NO. 166266/2025
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/04/2026
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: PART 42M
---------------------X
157 WEST 123RD STREET HOUSING DEVELOPMENT INDEX NO. 166266/2025
FUND CORPORATION,
Plaintiff, MOTION DATE 03/03/2026
-v- MOTION SEQ. NO. 001
SAMUEL NEVERSON GREEN, JERMAINE JACKSON,
JOHN DOE AND JANE DOE
DECISION+ ORDER ON
Defendants. MOTION
---------------------X
HON. EMILY MORALES-MINERVA:
The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21
were read on this motion to/for INJUNCTION/RESTRAINING ORDER
APPEARANCES:
Moulinos & Levinas PLLC, New York, NY (Rosa A DiMaria,
Esq., and Peter Moulinos, Esq.) for plaintiff.
HON. EMILY MORALES-MINERVA:
In this action for, among other things, a declaratory
judgment and injunctive relief, plaintiff 157 WEST 123RD STREET
HOUSING DEVELOPMENT FUND CORPORATION moves, by order to show
cause (motion sequence number 01), for a preliminary injunction
prohibiting defendants SAMUEL NEVERSON GREEN and JERMAINE
JACKSON from (1) performing, commencing or continuing any
unapproved, illegal construction, demolition, renovation,
plumbing and electrical work (work} in Unit #6G (premises)
located at 157 West 123rd Street, New York, New York 10027
166266/2025 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND CORPORATION vs. Page 1 of 4
NEVERSON GREEN, SAMUEL ET AL
Motion No. 001
[* 1] 1 of 4
FILED: NEW YORK COUNTY CLERK 03/04/2026 11:46 AM INDEX NO. 166266/2025
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/04/2026
(building); (2) interfering with the building's plumbing,
electrical, structural, or common systems; (3) threatening,
harassing, intimidating, or otherwise interfering with
plaintiff, its board members, and residents; and (4) blocking,
denying, or otherwise restricting access to the premises to
plaintiff, its board members, managing agent, superintendent,
and engineers for the purpose of inspection, remediation of
unsafe conditions, or enforcement of plaintiff's rights (see New
York State Court Electronic Filing System [NYSCEF] Doc. No. 04,
order to show cause, dated December 23, 2025).
Pending the hearing on the request for a preliminary
injunction, the court (J. Clynes, J.S.C.) granted plaintiff a
temporary restraining order, enjoining defendants from, among
other things, performing, commencing, or continuing any work
within the premises (see NYSCEF Doc. No. 20, signed order to
show cause with interim relief granted, dated December 24,
2025). Defendants did not submit opposition to the motion (seq.
no. 01) .
The order to show cause (mot. seq. no. 01) was returnable
in Part 42M, 111 Centre Street, New York, New York, on March 3,
2026, at 11:00 A.M. At the call of the calendar, only plaintiff
appeared, by counsel. Defendants both failed to appear and
proffer a reasonable excuse for said failure.
166266/2025 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND CORPORATION vs. Page 2of4
NEVERSON GREEN, SAMUEL ET AL
Motion No. 001
[* 2] 2 of 4
FILED: NEW YORK COUNTY CLERK 03/04/2026 11:46 AM INDEX NO. 166266/2025
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/04/2026
Therefore, the order to show cause ( mot . seq. no . o1) is
granted without opposition. Accordingly, it is hereby
ORDERED that the motion, by order to show cause, of
plaintiff 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND
CORPORATION is granted, without opposition; it is further
ORDERED that defendants SAMUEL NEVERSON GREEN and JERMAINE
JACKSON, their agents, employees, contractors, invitees, or
anyone acting on behalf of or in concert with defendants are
enjoined and restrained from (1) performing, commencing or
continuing any unapproved, illegal construction, demolition,
renovation, plumbing and electrical work in Unit #6G located at
157 West 123rd Street, New York, New York 10027; from (2)
interfering with the building's plumbing, electrical,
structural, or common systems, including, but not limited to,
the main water line of the G-line; from (3) threatening,
harassing, intimidating, or otherwise interfering with
plaintiff, its board members, managing agent, contractors,
agents, or lawful residents of the building who seek to enforce
the plaintiff's rights or prevent the aforementioned work; and
from (4) blocking, denying, or otherwise restricting access to
the premises to plaintiff, its board members, managing agent,
superintendent, engineers, or safety personnel for the purpose
of inspection, remediation of unsafe conditions, or enforcement
of plaintiff's rights; it is further
166266/2025 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND CORPORATION vs. Page 3 of4
NEVERSON GREEN, SAMUEL ET AL
Motion No. 001
[* 3] 3 of 4
FILED: NEW YORK COUNTY CLERK 03/04/2026 11:46 AM INDEX NO. 166266/2025
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/04/2026
ORDERED that, within ten days from the date of this
decision and order, plaintiff shall serve a copy of this order,
with notice of entry, on defendants by overnight federal express
courier service; it is further
ORDERED that the parties must appear for a virtual
conference, with a Microsoft TEAMS link to be provided, on April
30, 2026, at 11:00 A.M.; and it is further
ORDERED that the Clerk of Court shall mark the file
accordingly.
3/4/2026
DATE
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED □ DENIED GRANTED IN PART □ OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
166266/2025 157 WEST 123RD STREET HOUSING DEVELOPMENT FUND CORPORATION vs. Page4 of4
NEVERSON GREEN, SAMUEL ET AL
Motion No. 001
[* 4] 4 of 4