Lease and House Rules plaintiff: (i) properly terminated the Lease; (ii) is entitled to sell
the shares appurtenant to the Apartment to a purchaser free and clear of all liens,
restrictions, charges and encumbrances, at which time the Shares and Lease held by the
Estate shall be automatically cancelled and rendered null and void and the purchaser
shall take legal, valid, binding enforceable and marketable title to such Shares and Lease
free and clear of all liens, restrictions, charges and encumbrances; and (iii) is entitled to
apply the proceeds received for the sale of the shares of stock towards the payment of the
Estate's indebtedness, including any unpaid maintenance charges accruing until closing
of the sale, costs of preparing the Apartment [*7]for sale,
costs of selling the Apartment (including brokerage fees and commissions), and interest
on all of the foregoing; and it is further
ORDERED that the branch of plaintiff's motion seeking dismissal of defendant's
affirmative defenses is granted; and it is further
ORDERED that the branch of plaintiff's motion seeking an award of attorney fees
and costs is granted, and plaintiff is awarded $59,375.38 in fees and costs; and it is
further
ORDERED that plaintiff is awarded a judgment against defendant for $59,375.38;
and it is further
ORDERED that plaintiff may enter a supplemental judgment for its reasonable
attorney fees incurred in this action after April 19, 2024, with the amount of those fees to
be determined by motion made on notice made within 30 days of entry of this order; and
it is further
ORDERED that plaintiff serve a copy of this order with notice of its entry on
defendant and on the office of the County Clerk (by the means set forth in the court's