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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by its predecessor-in-interest, whether it is the lessor or the lessee that is responsible for repairing
any defective condition, and whether Dogwood LLC is entitled to damages and reciprocal
attorneys' fees and, if so, in what amount. As determined by this Court on plaintiffs' motion to
renew/reargue in the 2015 action, and as affirmed by the Appellate Division, First Department
(Dogwood Residential, LLC v Stable 49, Ltd., 159 AD3d at 491-492), the parol evidence
rule precludes Stable's reliance on Blumenfeld's representations regarding the repair of the roof
and elevator. Stable must, therefore, meet any contractual obligation it may have to make any
required repairs.

Injunctive Relief-Breach of the Proprietary Lease-Repairs

The amended 2017 complaint's second cause of action seeks to compel "[d]efendants" to
make the needed repairs that are the subject of the first cause of action on plaintiffs' behalf, based
on the assertions that defendants have failed to make the repairs and that plaintiffs "do not have
an adequate remedy at law." Peterson affidavit in support of motion to dismiss amended 2017
complaint, exhibit 1, Amended 2017 complaint, ¶¶ 150, 151. To the extent that the
second cause of action is asserted on Blumenfeld's behalf, this part of the second cause of action
is dismissed because the amended complaint alleges no contractual relationship between
Blumenfeld and Stable or that he is a third-party beneficiary of any contract. To the extent that
the second cause of action is alleged against Cavaleri solely in his capacity as an assistant
secretary, no claim is made that he had the power to order any repairs in that capacity. Therefore,
the second cause of action is dismissed as to Cavaleri. Although after this Court was apprised,