e-filing protocol, available on the e-filing page of the court's website,
https://ww2.nyco
urts.gov/courts/1jd/supctmanh/E-Filing.shtml), which shall enter judgment
accordingly.
DATE 3/7/2025
Footnotes
Footnote 1:There is no merit to
defendant's contention that plaintiff's motion is procedurally defective for failure to
submit a copy of the notice's appended Exhibit 1—an asserted concession by
defendant, through counsel, "that the Estate has failed to maintain insurance in 2021 for
the apartment." (NYSCEF No. 30 at 2 [notice]; see NYSCEF No. 76 at 10-11.)
Defendant does not contend that plaintiff's default notice in fact lacked an accompanying
Exhibit 1. In any event, plaintiff has submitted on this motion a 2021 letter from
defendant's counsel to plaintiff's property manager, dated two months before the notice
of default, acknowledging that "the Estate does not presently have homeowner's
insurance." (NYSCEF No. 29.) This letter includes a handwritten marking at the bottom
of page one that describes it as "Exhibit 1." (Id. at 1.) Defendant does not dispute
that this letter was the exhibit appended to the notice of default.
Footnote 2:The Appellate Division
has held that a § 223-b retaliation claim will lie against a residential cooperative
corporation based on the actions of its board. (See Gentile v 2400 Johnson Ave. Owner, Inc., 224 AD3d
542, 542 [1st Dept 2024].)
Footnote 3:This court may take
judicial notice of this order, the authenticity of which defendant does not dispute. (See RGH Liquidating Trust v
Deloitte & Touche LLP, 71 AD3d 198, 207 [1st Dept 2009], revd on
other grounds 17 NY3d 397 [2011].)
Footnote 4:Although defendant
suggests in his affidavit that the conduct by plaintiff that led him to move for contempt