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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responsibility. Id., exhibit 5, ¶¶ 9-21; id., sub-exhibit 4. On an
unspecified date before January 15, 2014, Blumenfeld replied in writing that, once he became a
cooperative member, he would assume responsibility for the roof and elevator repairs, including
because he believed that the intended renovations would resolve any defective roof condition.
See, id. The Board allegedly interviewed Blumenfeld in February 2014 and,
according to the complaint, approved him and Dogwood LLC as "a" purchaser. Peterson affidavit
in support of motion to dismiss 2017 amended complaint, exhibit 1, Amended 2017 complaint,
¶ 25. It appears that Blumenfeld assigned to Dogwood LLC his contract rights to purchase
Ono's shares of Stable, because on April 6, 2014, before Dogwood LLC executed the
Apartment's proprietary lease, [*4]Dogwood LLC and Stable
signed an occupancy agreement.[FN4]

Dogwood LLC represented in the occupancy agreement that it would "not sublet or permit
the occupancy of the Apartment by any parties, other than Blumenfeld and his immediate family
(i.e., spouse children and parents) residing with him or any subtenant approved by the
Corporation [Stable]." Id., exhibit 4, Occupancy agreement at 1 (emphasis added). The
occupancy agreement provides that any subletting had to be done solely in accordance with the
provisions of the proprietary lease and Stable's by-laws, and with Stable's prior consent.
Id.

On April 8, 2014, the proprietary lease was executed by Stable and Dogwood LLC.
Id., exhibit 1, proprietary lease at 40. Therefore Dogwood LLC alone acquired Ono's
shares of Stable, to which the Apartment's proprietary lease was appurtenant. The proprietary
lease's "Use of the Premises" provision, which contemplates that the building's