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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Blumenfeld v Stable 49, Ltd. (2018 NY Slip Op 51958(U))

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Blumenfeld v Stable 49, Ltd.

2018 NY Slip Op 51958(U) [62 Misc 3d 1208(A)]

Decided on December 17, 2018

Supreme Court, New York County

Freed, J.

Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be
published in the printed Official Reports.

Decided on December 17, 2018

Supreme Court, New York County

David Blumenfeld and
DOGWOOD RESIDENTIAL, LLC, in its own right and derivatively on behalf and in the right of
STABLE 49, LIMITED, Plaintiffs,

against

Stable 49, Limited, KIM YOUNGBERG, MARIANNE
MATANIC, and TEWFIC EL-SAWY, each individually and in their official Capacity as
members of the Board of Directors of STABLE 49, LIMITED, the BOARD OF DIRECTORS of
STABLE 49, LIMITED, and DAMIAN CAVALERI, individually, Defendants, and STABLE 49,
LIMITED, Nominal Defendant on the derivative claim.

157117/2017

Ronald Rosenberg, Esq.
Rosenberg Calica & Birney LLP
Attorneys
for Plaintiffs

100 Garden City Plaza, Suite 408
Garden City, New York 11530
(516)
747-7400

Manu Leila Davidson, Esq.
Braverman & Greenspun, P.C.

110 East 42nd Street, 17th Floor
New York, New York 10017
(212)
682-2900

Kathryn E. Freed, J.

The following efiled documents filed with NYSCEF were reviewed in connection with this
decision and order: documents 26 - 46 (motion sequence 002) and documents 74-109 and
111-115 (motion sequence 003).

Motion sequence nos. 002 and 003 in this action (the 2017 action) are hereby consolidated
for disposition.

Defendant cooperative corporation, Stable 49, Limited (Stable), moves (motion sequence no.
002) for an order, pursuant to CPLR 3013, and CPLR 3211 (a) (1), (4), (5), and (7), dismissing