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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in the Apartment for several years but, by the fall of 2013, it had been vacant for more than a
decade. In October 2013, Ono, who wished to sell the Apartment, sued Stable and its then Board
members/shareholders, i.e., Matanic, a third-floor resident, Youngberg, a cellar unit resident, and
Phillip Frank (Frank), who resided in a second floor unit. Peterson affidavit in support of motion
to dismiss amended 2017 complaint, exhibit 1, Amended 2017 complaint, ¶ 118. Ono
asserted claims based on Stable's alleged failures to repair the elevator and a leaky roof, which
issues she alleged were structural and, therefore (unless certain exceptions existed), Stable's
responsibility under the proprietary lease. Complaint, Ono v Stable, index no.
653582/2013, NYSCEF Doc. 1.

Ono also asserted that the Apartment was uninhabitable and in need of major renovations.
She alleged that the alterations which any purchaser would wish to make to the Apartment
would, given its size, take a long time and inconvenience the other shareholders, including the
Board members who lived in the building, especially Matanic, one of three third-floor residents
who lived directly under the Apartment. Ono thus alleged that the Board members discriminated
[*3]against her by enacting new rules requiring all lessees'
construction/alterations projects to be completed within 120 days, so as to intentionally
discourage anyone from buying her shares, since it was impossible to renovate the Apartment
within that abbreviated period. As a result, Ono claimed that she lost a $6.6 million
purchaser.

In November 2013, about a month after Ono commenced her action, Blumenfeld [FN3]
entered into a contract with her, contingent on Stable's consent, to purchase the Apartment for