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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will benefit all shareholder-lessees, and a lack of cooperation will harm all of them, in wasted
time and money and in damage to the sense of community.

Therefore, in light of the foregoing, it is hereby:

ORDERED that the branch of motion sequence no. 002, which seeks an order dismissing
[*35]the original complaint in the 2017 action (motion seq. no
002), is denied as moot, since that complaint has been superseded by the amended 2017
complaint, and it is further

ORDERED that the branches of motion sequence nos. 002 and 003, which seek an order
imposing sanctions on plaintiffs in the form of a monetary fine and/or the imposition of a filing
injunction, are denied; and it is further

ORDERED that the branch of defendants' motion which seeks an order dismissing the
amended 2017 complaint is granted, and that action is dismissed in its entirety against all
defendants, with costs and disbursements to said defendants as taxed by the Clerk of the Court,
and the Clerk is directed to enter judgment accordingly in favor of said defendants; and it is
further

ORDERED that the dismissal of the amended 2017 complaint is without prejudice to
plaintiffs adding any allegation contained in that complaint which was not set forth in the
proposed amended 2015 complaint, but which is relevant to any cause of action in the instant
complaint which has been dismissed and corresponds to any proposed cause of action in the
proposed amended 2015 complaint, which this Court, in its decision on motion sequence no. 003
in the 2015 action, permits either plaintiff to assert, or to any proposed cause of action in the
2015 action that this Court grants either plaintiff leave to replead; and it is further

ORDERED that this constitutes the decision and order of the court.

Dated: December 17, 2018