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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lower levels of those units are being used, as set forth in the proprietary lease's description of the
duplex garden apartments. The amended 2017 complaint avers that, as the holder of 30% of
Stable's shares, Dogwood LLC stands to be the most affected shareholder in the event of adverse
action resulting from the cellar units' illegal occupancy. Id., exhibit 1, Amended 2017
complaint, ¶ 140.

It is also alleged, on "information and belief," that the cellar space cannot be legalized,
because the entire cellar is below grade and, in the event of fire, each cellar unit lacks a sufficient
number and means of egress, including because, "upon information and belief," some of the
doors to the hallway have been blocked or sealed. Id., ¶¶ 99, 102-106, 116. It
is further claimed that the cellar lacks adequate light and air to satisfy various specified and
unspecified code provisions and statutes (id., ¶¶ 204, 208), including Multiple
Dwelling Law § 300 (6), which bars the use of the cellar for living purposes, unless a
written permit is issued after all applicable laws are satisfied, and Multiple Dwelling Law §
34, which sets forth various requirements for cellar rooms, including those pertaining to adequate
ventilation, lighting, and window size, fire-proofing, outside drainage for the yard and every
exterior court, and to the damp- and water-[*27]proofing of
exterior walls and interior floors.

Of the three current cellar unit owners, Youngberg is alleged to have acquired her shares in
2000, El-Sawy in 2013, and Cavaleri in 2016. Id., ¶¶ 10, 12, 13. The amended
2017 complaint alleges that the "Board" was made aware of the illegal use "on numerous
occasions", including in July 2015, when Dogwood LLC commenced the 2015 action against
Stable.[FN14]