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

1,731 chars

Corp., 161 AD2d at 282. Dogwood LLC is, of course, free to pursue any viable breach of
contract cause of action premised, for example, on breaches of paragraphs two and seven of the
proprietary lease, or for any other viable cause of action that it has.

As for the newly-asserted claim that Lucas and, thereafter, his brother Max, moved into
[*25]the Apartment, as previously noted in connection with the
sixth cause of action, their occupancies of the Apartment were, and, as to Max remains,
improper. Further, even assuming, for argument's sake, that the occupancy agreement permitted
them to move in despite the fact that their father never occupied the Apartment, neither
Blumenfeld, Lucas, nor Max is a proprietary lessee (id.), nor do they have a
landlord-tenant relationship with any defendant. Blumenfeld, for whatever reason, made a
calculated decision not to become the Apartment's proprietary lessee/shareholder. The occupancy
agreement, to which Blumenfeld is not a party, merely provides the mechanism by which
Dogwood LLC is permitted to populate the Apartment. The occupancy agreement provides that
Dogwood LLC agrees that it would not sublet or allow occupancy by anyone except Blumenfeld
and his immediate family members who reside with him or any subtenant approved by Stable. It
is unclear whether: the occupancy agreement considers Blumenfeld and his family residing with
him to be Dogwood LLC's permitted subtenants or its occupants with Stable's consent, which had
previously been obtained after the Board interviewed Blumenfeld; Blumenfeld and/or his sons
paid monthly maintenance to Dogwood LLC; and whether Blumenfeld and/or his sons had any
written agreement with Dogwood LLC regarding their occupancy.