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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amended 2017 complaint's allegation (¶ 47), that the proprietary lease imposes upon the
shareholder no duty to repair any areas other than certain primarily interior areas of the
Apartment set forth in proprietary lease paragraph 18, is inaccurate because the last sentence of
that paragraph advises that the lessee has additional repair obligations, as set forth in proprietary
lease ¶ 7.

Footnote 10:Although the amended 2017
complaint alleges that plaintiffs objected to a November 2015 and a July 2016 demand regarding
outstanding and "past due" "legal and other professional fees" (id., ¶¶ 58, 61),
the complaint only discusses the allegedly improper and "excessive" legal fees. Id.,
¶ 58-60. It is thus unclear from that pleading whether plaintiffs ever paid all of the nonlegal
professional/consulting fees required of them under the Holdover Case Agreement.

Footnote 11:To the extent that the
amended 2017 complaint (¶ 55) alleges an unreasonable time frame for completing
alterations set forth in an alteration agreement that Dogwood LLC was allegedly asked to sign,
this assertion is irrelevant to any cause of action because Dogwood LLC never signed an
alteration agreement and, as set forth in Holdover Case Agreement, the parties agreed to
negotiate a revised alteration agreement. This Court further notes that, in the original 2015
complaint (¶¶ 62-63), there was no allegation that a 120-day limit for completing
renovations was imposed on plaintiffs and, in fact, it was alleged that it was unclear whether any
such rule was still in effect.

Footnote 12:Lucas moved out about eight
months after he moved in, according to plaintiffs' counsel, "solely" because he obtained a job in
California. Peterson affidavit in support of motion to dismiss amended 2017 complaint, exhibit 9.