2018 NY Slip Op 51958

Citation: 2018 NY Slip Op 51958
Jurisdiction: New York (state)
Source verification: cross_accepted_sealed
Original Source: https://www.nycourts.gov/reporter/3dseries/2018/2018_51958.htm ↗

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the original 2017 complaint, with prejudice, and requesting sanctions in the form of a monetary
fine and/or the imposition of a filing injunction against plaintiffs, proprietary lessee/shareholder
Dogwood Residential, LLC (Dogwood LLC) and David Blumenfeld (Blumenfeld), a trustee of
one of the two trusts, Dogwood Realty Group and Boxwood Realty Group, that comprise
Dogwood LLC's sole members. Peterson affidavit in support of motion to dismiss amended 2017
complaint, exhibit 4, Occupancy agreement. Following service of that motion, plaintiffs served
an amended 2017 complaint as of right, asserting individual causes of action and derivative
causes of action on Stable's behalf, and naming as defendants Stable, both individually and
nominally, proprietary lessees Marianne Matanic (Matanic), Kim Youngberg (Youngberg), and
Tewfic El-Sawy (El-Sawy), all individually and in their capacities as members of Stable's
three-member board of directors (the Board) from an unspecified date in 2016 until January 10,
2018,[FN1]
the Board, and proprietary lessee and Stable officer Damian Cavaleri (Cavaleri) individually. The
service of the amended 2017 complaint renders the original complaint of no consequence, and,
thus, the branch of defendants' motion to dismiss the original 2017 complaint is denied as moot.
Plaintiffs' service of the amended 2017 complaint triggered [*2]Stable's instant motion (sequence no. 003), which seeks dismissal
of the amended 2017 complaint on the same grounds as urged with respect to the original 2017
complaint, and again requests sanctions.

Factual and Procedural Background

Much of the factual and procedural history of this action, which involves a125-year old
landmark building that was converted in the late1980s from a stable to a 10-unit residential