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 ↗

Related Parts of This Source

Full Text

1,758 chars

records and instruments which reflect out-of-court transactions, for instance deeds and contracts,
which have contents which are basically undeniable, are documentary evidence. Id.; see also Tsimerman v Janoff, 40 AD3d
242 (1st Dept 2007). When a court does not find a movant's submission "documentary," it
must deny the motion. David D. Siegel, Practice Commentaries, McKinney's Cons Laws of NY,
Book 7B, CPLR C3211:10; Fontanetta v Doe, 73 AD3d at 84.

Breach of Proprietary Lease-Repairs

The amended 2017 complaint's first cause of action, asserted by Blumenfeld and Dogwood
LLC against Stable, alleges breaches of paragraphs two and seven of the proprietary lease insofar
as Stable purportedly failed to keep the Apartment in good repair, by not making structural and
"other" repairs,[FN9]
including of the roof and the elevator. This cause of action seeks monetary damages and
reciprocal attorneys' fees, pursuant to Real Property Law § 234 and proprietary lease section
28, which latter provision requires the lessee to pay the lessor, on demand, as additional rent, any
expenses it incurs, including reasonable attorneys' fees, in the event that the lessee is in default
under the lease's terms.

The branch of defendants' motion which seeks an order dismissing the first cause of action
on substantive grounds is granted to the extent that it is brought on Blumenfeld's behalf. This
cause of action alleges that Dogwood LLC entered into a contract in November 2013 to purchase
the Apartment (apparently referring to the Ono contract which Blumenfeld signed in November
2013 and seemingly assigned to Dogwood LLC), that Dogwood LLC alone purchased the
Apartment, is its owner, its shareholder, the proprietary lessee, and the entity which dealt with