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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with respect to the pool and Local Law 11 is time-barred on the ground that receipt of Peterson's
October 7, 2015 letter constitutes a final determination that started the running of the four-month
[*14]Article 78 statute of limitations. See CPLR 217. The
July 2015 Holdover Case Agreement, which sets forth the parties' framework for the review of
Dogwood LLC's plans, contemplates that the parties would work together, within that
agreement's parameters, toward a final approved plan, that any initial plan reviewed by the Board
and its experts might have to be revised one or more times, and that the parties would cooperate
and engage in good faith negotiations, including attempts to resolve any dispute. Holdover Case
Agreement, ¶ 4. Under these circumstances, where the parties' ongoing negotiations were
contemplated, defendants have failed to establish that Dogwood LLC could have concluded that
Stable's counsel's October 7, 2015 letter constituted a final and binding Board determination
commencing the running of the four-month statute of limitations period set forth in Article 78.
Thus, that portion of defendants' motion which seeks an order dismissing such claims as
time-barred is denied.

To the extent, if any, that this cause of action is alleged on behalf of Blumenfeld and against
the Board and any of its members, it is dismissed because they are not parties to the proprietary
lease. As for the part of this cause of action which seeks to compel Stable to approve the rooftop
pool, defendants assert that this claim has been inadequately pleaded because plaintiffs have
alleged no facts demonstrating that the decision to deny a rooftop pool was unreasonable and,
thus, a breach of proprietary lease paragraph 21 (a). Defendants urge that the fact that Dogwood