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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lives in one of the three third-floor apartments that are on the floor under the Apartment (see
id., exhibit 2, Proprietary lease, ¶ 7), is acting with self-interest because "upon
information and belief" she and her family "may be inconvenienced" by Dogwood LLC's
alterations. Id., ¶ 166. As for plaintiffs' surmise that each Board member, as a
shareholder, has a financial interest in Stable's compliance with its obligations to make structural
repairs and, thus, would not want to approve Dogwood LLC's structural repairs because it would
cost the Board members money (id., ¶ 149), such is true of members of any
cooperative board, and does not demonstrate disparate treatment.Similarly, as an example of the
Board's disparate treatment, plaintiffs allege, again merely "upon information and belief" and,
thus, without concrete facts, that Matanic, Youngberg, and El-Sawy, as proprietary lessees, at
unspecified times, which was not necessarily when they were Board members, renovated their
own apartments without having to have written agreements [FN11]
and without having to reimburse Stable for legal, architectural, and engineering fees. Id.,
¶ 165. In addition, putting aside the fact that El-Sawy only became a Board member at an
unspecified time in 2016, after plaintiffs' disputes with the Board began, the amended 2017
complaint does not allege that these Board members intended to remove residential structures
from the building's roof, reconfigure the structures, and build a two-story structure and a
swimming pool on top of their leased premises, or on top of any of the building's terraces (as
contrasted with nonstructural renovations conducted within the four walls of their units). Indeed,