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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other permitted adult ever having moved into the Apartment, defendants assert that six young,
adult guests moved in for at least seven months and proceeded, along with their own guests, to
disturb the building's other residents, day and night. In December 2014, after Blumenfeld was
allegedly asked, and agreed, to remove his guests, but failed to do so, Stable commenced a
holdover proceeding against plaintiffs and the six guests.[FN5]

In an attempt to resolve the holdover proceeding and to set forth a process by which Stable
and its experts and consultants would review Dogwood LLC's renovation plans, including
Dogwood LLC's payment of Stable's costs in having those plans and any revisions reviewed,
Stable, Dogwood LLC, Blumenfeld, Dogwood Realty Group, and Boxwood Realty Group
entered into a July 2015 agreement (Holdover Case Agreement) pursuant to which Dogwood
LLC was to place $50,000 into an escrow account and release certain sums to Stable in
accordance with that agreement. Specifically, the agreement provides that Dogwood LLCand
Blumenfeld agreed to be liable for "all costs," incurred by Stable in reviewing Dogwood LLC's
renovation plans and revised plans, including the charges, fees, and disbursements of any Stable
attorney, consultant, architect, or engineer, relating to "the proposed plans and the negotiations of
the alteration agreement." Id., exhibit 23, ¶ 2 (b). Further, Dogwood LLC and
Blumenfeld agreed to "direct the escrow agent to reimburse [Stable] (or pay as directed by
[Stable] within ten (10) days after a reasonably detailed demand [wa]s made (accompanied by
copies of supporting bills), for [all such] fees, disbursements and charges . . ." Id.

Additionally, once the Holdover Case Agreement was signed, the escrow account was