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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and costs in the holdover proceeding, Stable would provide a stipulation of discontinuance of
that proceeding but that, if the parties could not reach an agreement regarding Dogwood LLC's
proposed renovations, Stable had no duty to discontinue the holdover case, and reserved its rights
to seek its fees and costs in that matter. Id., ¶¶ 2 (d), 3 (b). Further, Stable
agreed that, once it consented in writing to Dogwood LLC's renovation plans, it would sign
permit applications to the Landmarks Preservation Commission and to the New York City
Department of Buildings (DOB). Id., ¶ 3 (d).

In July 2015, the Board sent its reviewing architect, Harold Spitzer, Architect, PC (Spitzer), a
copy of Dogwood LLC's proposed construction drawings and CDs regarding the Apartment's
renovation. Spitzer reviewed those materials and sent the Board his analysis by letter dated
September 22, 2015. Spitzer's letter reveals that the drawings were incomplete and that an
additional CD had been sent to him for his review. Id., exhibit 21, Spitzer letter of
9/22/15. He observed that the drawings were still incomplete, that the plans showed 25% design
development architectural and structural drawings and a lack of any mechanical, electrical, and
plumbing drawings. That letter reveals that Spitzer, during an August 20, 2015 conference call,
which included Dogwood LLC's architect, requested the missing plans, and that the said architect
sent Spitzer whatever additional plans he had, acknowledging that, because the renovation plans
had been changed after those extra earlier plans had been formulated, they were inadequate.
Id. at 1. Notwithstanding the preliminary and incomplete nature of the plans which
Dogwood LLC provided, and Spitzer's assertion that various specified plans, which had not yet