the apartment or for renovating the apartment in anticipation of a sale. (See
NYSCEF No. 25 at 6-11 [stipulation].) The apartment still has not been sold.
In 2019, Supreme Court (Carmen Victoria St. George, J.) dismissed the 2011 action.
(See NYSCEF No. 27). In September 2021, defendant moved in the 2011 action
to hold plaintiff in contempt for allegedly violating one of the prior stipulations in the
action. Supreme Court (Alexander Tisch, J.) denied the motion. (See NYSCEF
No. 82.)
In August 2019, the homeowner's insurance for the apartment—which the
proprietary lease requires lessees to maintain—lapsed and was not replaced.
(NYSCEF No. 1 at ¶¶ 25-30.) In May 2021, plaintiff requested that all
lessees, including defendant, show that they have the required homeowner's insurance.
(Id. at ¶ 31.). Defendant did not respond. (Id. at ¶ 32.) Plaintiff
requested the proof of insurance from defendant again in July 2021. (Id. at
¶ 33.) In August 2021, defendant notified plaintiff that the apartment was not
covered by a homeowner's insurance policy. (Id. ¶ 34.) On October 4, 2021,
plaintiff issued a notice of default to defendant. (See NYSCEF No. 30.) On
March 11, 2022, plaintiff terminated the lease. (See NYSCEF No. 32.)
In July 2023, plaintiff brought this action. Plaintiff has asserted a claim for a
declaration that it properly terminated the lease, is entitled to sell the shares appurtenant
to the apartment, and is entitled to apply the sale proceeds toward unpaid maintenance
charges and to defray the costs of selling the apartment. Plaintiff has also asserted an
award of attorney fees incurred in this action.
Plaintiff now moves for summary judgment in its favor on these claims and to
dismiss defendant's affirmative defenses. The motion is granted.
DISCUSSION