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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funded, and specified checks from the escrow account, representing part of Stable's engineering
and architect's fees, were received by Stable, it was to direct its engineer and architect to begin a
review of Dogwood LLC's plans and cause its counsel to "discuss Dogwood [LLC]'s proposed
changes to the alteration agreement . . . and negotiate in good faith and due diligence with
Dogwood" LLC regarding its proposed changes to its plans. Id., ¶ 3 (a). Stable
agreed that it would not unreasonably withhold its consent to Dogwood LLC's plans. Id.,
¶¶ 2 (c), 3 (c), 4; see also id., exhibit 2, Proprietary lease, ¶ 21 (a)
(Stable's written consent to any alterations and enclosures was required and was not to be
unreasonably withheld).

Dogwood LLC and Blumenfeld acknowledged that the submission of one or more plan
revisions would be necessary in order to obtain Stable's consent to the renovation and that [*6]Stable's request for the submission of revisions of Dogwood LLC's
plans would not constitute Stable's denial of Dogwood LLC's ability to perform alterations, a bad
faith failure to resolve a dispute, or an unreasonable refusal to consent to the proposed plans.
Id., exhibit 23, Holdover Case Agreement, ¶ 4. If Stable did not deliver a signed
consent to Dogwood LLC's plans, the parties agreed to try, in good faith, to resolve any dispute,
and, if after good faith negotiations, the parties could come to no agreement, the parties agreed
that the Supreme Court, New York County would be the sole venue in which to resolve any
dispute. Id.

That agreement also provides that, once Stable signed an alteration agreement with Dogwood
LLC, and upon receipt of certain payments from the escrow account, including Stable's legal fees