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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See generally Barbour v Knecht, 296 AD2d 218, 227 (1st Dept 2002).

To the extent that this cause of action which, in part, seeks monetary damages, relies on the
Board's alleged inaction with respect to the cellar units' lack of conformity with the building's
certificate of occupancy, this Court notes that the amended 2017 complaint does not set forth
with specificity any item of damages that Dogwood LLC has suffered as a result of the Board's
alleged failure to address that problem, as contrasted with damages arising from former
shareholders' having sold, with Stable's consent, shares associated with nonconforming units, and
from Stable's issuance of proprietary leases for three nonconforming units.

Further, this cause of action is premised on the Board and its members treating Dogwood
LLC unequally and unfairly, by imposing restrictions and obligations on it, but not on other
shareholders. What this theory has to do with the Board's claimed inaction regarding
nonconforming cellar units cannot be discerned, because Dogwood LLC never had a cellar unit,
much less one which was treated differently from the other cellar units. Also, Dogwood LLC
does not specifically allege that, because the Board failed to take action with respect to illegal
cellar units, the Board should have ignored some illegality with respect to Dogwood LLC's unit.
Even if Board members who had cellar units ignored the fact of their nonconformance with the
certificate of occupancy, that would not require the Board to waive every other illegality
involving the building. See Peterson affidavit, exhibit 2, Proprietary lease,
¶ 26 (Stable's failure to insist on strict adherence to any lease provision or to exercise any