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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amended 2017 complaint's first cause of action, if Stable is found to have breached the [*13]lease by failing to make certain repairs, a finding would have to be
made regarding whether Dogwood LLC is entitled to monetary damages, including for any
compensable injury it suffered as a result of Stable's failure to make any such repairs and to
recoup sums paid by Dogwood LLC to repair defective conditions which Stable ought to have
repaired. Those damages will not result in the repair of any existing defective structural condition
that Stable, rather than Dogwood LLC, was required to have made. If it is determined that Stable
breached the proprietary lease by failing to repair a particular existing structural condition, then
Stable would be required to repair it. However, since an award of monetary damages to Dogwood
LLC will not result in repairs by Stable, this Court declines to dismiss the claim for injunctive
relief seeking to compel Stable to make required repairs.

Breach of Contract-Failure to Approve Renovation Plans and Sign Requisite
Applications

The amended 2017 complaint's third cause of action alleges on behalf of both plaintiffs a
breach of paragraph 21 (a) of the proprietary lease, which requires that consent to alterations not
be unreasonably withheld. Plaintiffs charge both the Board and Stable with bad faith failures to
review and consent to Dogwood LLC's renovation plans and to issue the necessary applications
to the DOB, the Fire Department, and to the Landmarks Preservation Committee. Consequently,
plaintiffs seek damages and request an award of reciprocal attorneys' fees.

To the extent that such cause of action is alleged by Blumenfeld and asserted against any