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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of the cellar units and to restore the units to their lawful occupancy as recreation rooms with
powder rooms, the plaintiffs' opposing memorandum of law avers that plaintiffs are not
seeking to eject the cellar unit shareholders "from their homes," but, rather, are
"seek[ing] to eject them from using, i.e., sleeping in, the cellar areas in violation of the
Building's C/O. They may still lawfully use such areas for storage and/or "recreation rooms."'
Plaintiffs' opposing memo of law at 27, n 20 (emphasis in the original). This same relief
has effectively been sought under the eighth cause of action, essentially on the same grounds,
namely, to enjoin the cellar units' proprietary lessees, and any other occupant of those units, from
using the cellar rooms in a manner that is illegal and violates the certificate of occupancy, the
Multiple Dwelling Law, and various codes, and to restore the cellar rooms to their lawful
occupancy. Given plaintiffs' concession that this cause of action does not seek to actually eject
the cellar unit shareholders, this claim is also dismissed, as duplicative of the eighth cause of
action.

Reciprocal Attorneys' Fees/ Prior Pending Action/ Sanctions

The twelfth cause of action seeks reciprocal attorneys' fees, in accordance with Real Property
Law § 234, based on proprietary lease section 28, which sets forth the circumstances under
which Stable would be entitled to attorneys' fees from Dogwood LLC. This cause of action is
dismissed as to Blumenfeld because he is not a party to the proprietary lease. This cause of action
does not specify the bases for Dogwood LLC's entitlement to such fees except to the extent that it
incorporates every other allegation of the complaint. It does not appear, however, that Dogwood