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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$8.3 million, indicating that he and his three sons, Lucas, Max, and Jack, were the "proposed
occupants." Peterson affidavit in support of motion to dismiss amended 2017 complaint, exhibit
5, Youngberg affidavit, exhibit 2. Ono represented in that contract's rider that, other than her
aforementioned lawsuit, she was unaware of any pending litigation against the Apartment, its
shares, the lease, or the property. Id., rider, ¶ 47. The rider further indicates that the
sale was "as is," that Ono was only aware of a leak in the kitchen, and that she was unaware of
any other water infiltration for the two years prior to the contract date, of any mold issue, and,
other than the roof and the elevator, of anything else that would give rise to the seller's obligation
to make repairs. Id., ¶¶ 35, 44, 45, 49, 50. The contract suggests that Stable
had taken the position that the roof leak was due to Ono's alterations of the Apartment and that
she was liable for repairing or maintaining the roof as well as the elevator (id., ¶
45), while Ono had contended that, because the roof and elevator problems were structural
elements, they were Stable's responsibility. Id., ¶ 44. The contract permitted
Blumenfeld, after he was approved by Stable, to assign the contract to a trust for the benefit of
the purchaser or "its" immediate family members, or to other entities controlling with purchaser
or controlled by, or under common control with, the purchaser. Id., ¶ 55.Given
Ono's lawsuit, and presumably because the issues raised by it would never be resolved in that
lawsuit if Ono's sale went through, the Board wrote Blumenfeld seeking written confirmation
that, if he were approved as a purchaser, he would not dispute that the elevator and roof were his