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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LLC's counsel on October 7, 2015, enclosing a copy of Spitzer's letter, and advising that Stable
had no objection "in principle" to the plans, with two exceptions, namely, that the rooftop pool
would not be authorized for the reasons stated by Spitzer in his letter and that no changes which
would subject the building to the requirements of Local Law 11 would be permitted. Peterson
affidavit in support of motion to dismiss amended 2017 complaint, exhibit 21, Peterson letter.
Further, Peterson also advised of the Board's desire to expeditiously continue with the review
process, that the initially filed PW-1 must be withdrawn,[FN7]
that Stable had communicated with DOB in that regard, and that once the plans were revised and
approved by the Board, it would assist in the filing of a new PW-1 to keep the process
moving.

Following this Court's dismissal of plaintiffs' entire original 18-page, eight cause of action
2015 complaint, plaintiffs sought leave to renew and/or reargue. In deciding that application, this
court reinstated plaintiffs' eighth cause of action, sounding in breach of contract and seeking
monetary damages for the alleged breach of proprietary lease, paragraph seven, pertaining to
Stable's obligation to make repairs to the building's structure, with certain exceptions, and, thus,
reinstated plaintiffs' ninth cause of action (incorrectly denominated their seventh cause of action)
for reciprocal attorneys' fees, citing Real Property Law § 234. This Court also granted
plaintiffs leave to amend the complaint to assert a breach of fiduciary duty cause of action against
the Board, in a form "identical" to that set forth in the original complaint, which had asserted that
cause of action solely against Stable. Peterson affidavit in support of motion to dismiss 2017