On January 10, 2010, this court denied Goldstone's motion for partial summary judgment on her first, second, third, sixth and eighth causes of action. That decision was modified with respect to the first cause of action, but was otherwise affirmed by the Appellate Division, First Department, on May 11, 2010.[FN1]
[*2]
On April 5, 2011, this court denied plaintiffs' motion for leave to file a second amended complaint.
The facts of this case have been previously discussed in detail and will only be referenced here as needed by these motions.
According to Paragraph 92 of the amended complaint, the Proprietary Lease provides:
Lessor shall at its expense keep in good repair all of the building including all of the apartments, the sidewalks and courts surrounding the same, and its equipment and apparatus except those portions the maintenance and repair of which are expressly stated to be the responsibility of the Lessee pursuant to Paragraph 18 hereof.
Goldstone alleges that defendant has failed to repair her unit as mandated by the above-reference provision of the Proprietary Lease, resulting in damages to her in the amount of
$15 million.
The fourteenth cause of action asserted in the amended complaint alleges libel, based on a bill sent to Goldstone on or about November 1, 2007, alleging maintenance arrears on the unit, defendant allegedly communicating the allegation of the arrears to its agent, Brown Harris Stevens and others, including defendant's accountant.
The fifteenth cause of action asserted in the amended complaint, also alleging libel, reiterates the allegations of the fourteenth cause of action based on a bill for arrears sent to Goldstone on or about March 1, 2008.