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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allegation set forth in the amended 2017 complaint that was not set forth in the proposed
amended 2015 complaint(see e.g., amended 2017 complaint, ¶¶ 86-87,
130-135), and is relevant to any proposed cause of action which this Court allows plaintiffs to
assert in its determination of plaintiffs' motion for leave to serve its proposed amended 2015
complaint, or is relevant to any proposed cause of action that this Court grants plaintiffs leave to
replead in the 2015 action, can be added as allegations to the amended complaint in that action.
Accordingly, plaintiffs will suffer no prejudice by this action's dismissal.

The branch of defendants' motions which seeks to have sanctions imposed on plaintiffs for
filing various lawsuits, proceedings, and motions, is denied. There has been a great deal of
litigation in these related cases, and the majority of plaintiffs' claims in the instant action have
not been adequately pleaded and/or warranted dismissal based on the documentary evidence.
However, at least one of plaintiffs' motions in the 2015 action was successful, and given that
issues exist as to whether Dogwood LLC or Stable is responsible for repairs of the Apartment, it
cannot be said that plaintiffs' applications were completely frivolous. Additionally, because
safety issues involving the cellar units may be at stake, which could negatively affect Stable and
its shareholders, the assertion of derivative claims was not completely frivolous. If, in the future,
a pattern of frivolous applications emerges, any party against which such applications have been
asserted is free to move for such sanctions as that party deems advisable. The parties are
reminded that this case involves a residential cooperative and, as the name implies, cooperation