Urban commenced this action on October 30, 2015. Its complaint asserts four causes of action: (1) a declaratory judgment regarding the parties' rights to the security deposit under the sublease; (2) breach of the sublease for failure to return the security deposit; (3) unjust enrichment; and (4) violation of General Obligations Law § 7-103. (See Doc No. 2.) On December 3, 2015, Royal filed the instant motion to dismiss and for sanctions (particularly for the complaint's lack of candor about the terms of the rider and other alleged misstatements, such as paragraph 30, noted earlier). The court reserved on the motion after oral argument and ordered the parties to mediation. (See Doc No. 31 [Mar. 31, 2016 tr].) In the event mediation failed (which it did), the parties were directed to submit supplemental affirmations from their counsel regarding Urban's knowledge and receipt of the June 12 letter. (See id. at 16, 35.) Those supplemental submissions were filed on July 8, 2016 (see Doc Nos. 33-39), at which time the motion was marked fully submitted.
Kanfer's affirmation was discussed earlier. (See Doc No. 34.) In Abitbol's affidavit, he states that he first received the June 12 letter on September 22, 2015. (See Doc No. 33.) He does not state that he ever previously requested a copy of the June 12 letter from Kanfer, nor does he deny knowing about it on June 15, 2015, when he helped draft a response to it.
II. Discussion