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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cooperative apartment building (the building), are set forth in this Court's decisions on motion
seq. nos. 001 and 002 in plaintiffs' related 2015 action (index no. 157621/2015) and in the
Appellate Division, First Department's determination of Stable's appeal of the latter decision (see Dogwood Residential, LLC v Stable 49,
Ltd., 159 AD3d 490 [1st Dept 2018]), and are deemed incorporated herein.Additional
relevant factual and procedural history is set forth below.

In or about 1995, Yoko Ono (Ono), for her son's benefit, purchased 30% of Stable's
outstanding shares, which entitled her to a proprietary lease [FN2]
for the approximately 5,700 square-foot cooperative penthouse apartment (the Apartment) in the
building, which also contains nine substantially smaller units. As is relevant, the proprietary lease
describes three of those nine units, G-1, G-2, and G-3 (cellar units) as duplex garden apartments,
each having an upper level with a powder room (a bathroom without a tub or shower), kitchen,
and living room, a lower level with a full bathroom, a bedroom, a recreation room, and sliding
doors leading to a garden/terrace, and each level having an entry into the building's hallway.
Peterson affidavit in support of motion to dismiss the 2017 amended complaint, exhibit 2,
Proprietary lease, ¶ 7 (c) (h). Id. The proprietary lease does not specify which of the
building's floors comprise those two levels, but it is claimed in this action that the lower level is
in the cellar.

The Apartment mainly comprises the building's entire fourth floor, includes the exclusive use
of the entire roof, a roof deck, a large two-section residential portion of that Apartment which
protrudes through the roof, and a private elevator terminating at the fourth floor. Ono's son lived