Terri Sasanow (Sasanow), defendant's president during the time that plaintiffs' unit was flooded until May 2004, was deposed and testified that she had instructed the building's management agent to repair plaintiffs' unit as quickly as possible after it was flooded in 2003, and could not explain why [*4]the repairs were not made by 2006, when that management agent was fired.
Goldstone contends that defendant has breached its contractual duty to repair her unit by failing to make such repairs from 2003 to the present.
In opposition to Goldstone's motion, defendant asserts that the portion of her motion seeking summary judgment on her second cause of action must be denied since the same motion was previously denied and affirmed by the Appellate Division.
Defendant also argues that Goldstone refused to permit the work recommended by the consultants to be performed and made demands as to what work she would and would not allow. On February 22, 2007, defendant wrote to plaintiffs stating that it would commence work on the unit, to which plaintiffs responded with three separate letters, indicating a punch list of 21 items that they wanted addressed, requesting a meeting between plaintiffs, their architect, and the architect hired by defendant, and a demand that they must be satisfied as to the nature and quality of the work since they are the ones who would be living in the unit.
Defendant includes a copy of a document entitled "Tolling Agreement," entered into by plaintiffs, defendant and defendant's insurer, dated June 10, 2006, suspending all litigation, actual or potential, between the parties until December 31, 2007. Defendant argues that this agreement indicates that the parties were attempting to resolve this matter in good faith.