The City of New York (City) moved for an order pursuant to NYC Admin. Code (Code) §7-707 and CPLR §§6301 and 6311, to preliminarily enjoin the defendants, “their agents, employees and/or representatives from”: (1) the use and/or occupancy of the commercial premises operating as “Craft Beer & Cloud Hookah,” located on the ground floor of the subject building for “any purpose whatsoever, and directing that said premises be closed; (2) removing or … interfering with the furniture, fixtures and movable property used in conducting, maintaining or permitting the nuisance complained of; and (3) conducting, maintaining, operating or permitting the premises to be used, occupied or operated for the sale of cannabis (a/k/a marijuana) without a license” from the NYS Office of Cannabis Management (OCM), in violation of §125 of the Cannabis Law.

The City had commenced the subject action alleging that the defendants, who are “tenants/operators/owners” of the premises, were permitting the sale of cannabis at the premises without a “Conditional Adult-Use Retail Dispensary” (CAURD) license authorizing the lawful sale of adult-use cannabis, as required by Cannabis Law §125. The City further alleged that use of the building or premises for a business that lacked the “requisite license is a public nuisance under” Code §7‑703(f).