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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cooperative apartment owner.

Further, in their motion to dismiss the amended 2017 complaint, defendants urged that
Blumenfeld, as a stranger to the lease, could not assert breaches of the proprietary lease against
Stable (see defendants' memo of law in support of motion to dismiss amended 2017
complaint, at 12, n 7), a claim which plaintiffs did not dispute in their papers opposing
defendants' motion. Moreover, the amended 2017 complaint (¶ 239) alleges only that
Dogwood LLC has a reciprocal right to recover its expenses under Real Property Law §
234. Thus, on the facts alleged, only Dogwood LLC can assert a breach of the proprietary lease
against Stable. Also, to the extent, if any, that the first cause of action is alleged against the Board
or its individual members, none of whom is a party to the proprietary lease, the only appropriate
defendant to this cause of action is Stable. King v 870 Riverside Dr. Hous. Dev. Fund Corp., 74 AD3d 494,
495 (1st Dept 2010); see also Pomerance
v McGrath, 124 AD3d 481, 482 (1st Dept 2015) (internal quotation marks and citations
omitted) (the participation of board members in a breach of contract will usually "not give rise to
individual director liability"). Therefore, to the extent, if any, that the first cause of action is
alleged against any defendant other than Stable, it is dismissed.

As for the balance of this cause of action, this Court finds that Dogwood LLC has [*12]adequately pleaded a breach of contract cause of action against
Stable, and ultimately a determination will have to be made as to what defects exist, whether they
are structural or not, whether any defects were caused by Dogwood LLC's occupants or guests or