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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Further alleged was that Stable was required to file a certificate of correction demonstrating that
the violation had been removed and corrected, and that as long as one was not filed, the violation
would remain open or active in DOB's records. Id., ¶ 117. That complaint adds that,
in September 2017, Stable agreed to perform less than $30,000 worth of repairs, "under protest"
(taking the position that the repairs were Dogwood LLC's responsibility), which amount
plaintiffs deemed wholly inadequate to address the alleged leaks, mold, and rotting wood joists
and decking. Id., ¶ 130; see also, 2017 action, NYSCEF Doc. No. 11, letter
of Tracy Peterson, dated 9/8/2017 (regarding a description of repairs Stable intended to perform,
under a reservation of rights); id., NYSCEF Doc. No. 12, responding letter of Ronald
Rosenberg, dated 9/12/2017 (contending that the required repairs would cost more than
$750,000, rather than Stable's proposed repairs totaling less than $30,000).

The amended 2017 complaint also splits the proposed 2015 complaint's first cause of action,
sounding in breach of contract and demanding both monetary and injunctive relief (as well as
attorneys' fees), into two causes of action based on the same facts but seeking monetary damages
and reciprocal attorneys' fees under the first cause of action and injunctive relief under the second
cause of action. Plaintiffs' counsel, during oral argument of the instant motion and the motion for
leave to serve the amended 2015 complaint, urged that, except for that splitting, the amended
2017 complaint was "identical" to the proposed amended 2015 complaint and that the [*9]former was designed to replace the latter. See Argument
transcript of 4/30/18 at 9-10.

Discussion
CPLR 3211 (a) (1) and (7)