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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Board allegedly refused, in bad faith, to consent to Dogwood LLC's renovation plans (id.,
¶ 155), puts the cart before the horse. Under the foregoing circumstances, and where the
relief sought is not an order compelling Stable to review Dogwood LLC's plans, but, instead, to
approve them (id., ¶ 159), the trier of fact will not usurp the Board's function by
deciding which renovations are acceptable and directing Stable to approve those plans.

With respect to the amended 2017 complaint's allegation that the legal fees were improper
because they were unrelated to the negotiation of an alteration agreement, which were allegedly
the only legal fees which Dogwood LLC agreed to pay (id., ¶ 60), this Court notes
that a review of the plain language of the aforementioned Holdover Case Agreement does not
purport to so limit Stable's legal fees. That agreement recites that plaintiffs were responsible for
all costs incurred by Stable "in connection with the review of Dogwood [LLC]'s plans to
renovate the [A]partment, including all fees, charges, and disbursements" of any attorney
retained by Stable "in connection with the proposed plans and the negotiation of the
alteration agreement." Id., exhibit 23, Holdover Case Agreement, ¶ 2 (b) (emphasis
added). Further, plaintiffs agreed to direct the escrow agent to reimburse Stable or pay as Stable
directs, within 10 days after plaintiffs received a "reasonably detailed demand" with supporting
bills, for "all fees, disbursements and charges of [Stables's] attorneys . . . for the review of
plans, drawings and specifications, submitted by Dogwood [LLC] and/or Blumenfeld (and
any revisions thereto), for inspection of the plans for the renovation of the apartment,
and for the negotiation of the alteration agreement (emphasis added)." Id.