shares allocated to Apartment 7Y. Defendant Adam Plotch made a successful bid in the amount
of $96,000, and Gerard Owners Corp. cancelled Roshodesh's proprietary lease for Apartment 7Y
and the shares allocated to the apartment and reissued them to Adam Plotch.
The plaintiff began this action on or about September 22, 2009. The first cause of action is
for a judgment declaring that the Sheriff's sale of the shares allocated to Apartment 7Y was void
and that the plaintiff lawfully owns the shares. The second cause of action is against the Sheriff
for negligence. The third cause of action is for an accounting of the rents paid by the tenant in
Apartment 7Y to defendant Plotch. The fourth cause of action is for a "restraining order"
prohibiting, inter alia, the sale of Apartment 7Y.
Defendant Gerard Owners Corp. answered the complaint and asserted three counterclaims.
The first counterclaim alleges that Gerard Owners Corp. is the owner and proprietary lessor of
the building located at 70-25 Yellowstone Boulevard, Forest Hills, New York and that the
plaintiff is a shareholder and the proprietary lessee of Apartment [*3]3U. The defendant owner alleges that the plaintiff defaulted on his
obligation under the lease to make monthly maintenance payments in the amount of $746.05 for
Apartment 3U. The second counterclaim alleges that the plaintiff, the proprietary lessee of
Apartment 3V, defaulted on his obligation under the lease to make monthly maintenance
payments in the amount of $1,629.78.
The plaintiff, Roshodesh, has asserted several affirmative defenses against the counterclaims.
As an initial matter, the attorneys for defendant Gerard Owners Corp., in seeking dismissal of the
counterclaims, improperly cite Glenesk v. Guidance Realty Corp., 36 AD2d 852 [2nd