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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However, the seventh cause of action does not allege that Blumenfeld has a prime leasehold
interest in the Apartment or a landlord-tenant relationship with Stable. McCarthy v Board of
Mgrs. of Bromley Condominium, 271 AD2d 247, 247 (1st Dept 2000); see also Wright v
Catcendix Corp., 248 AD2d 186 (1st Dept 1998) (motion to dismiss subtenants' causes of
action against cooperative corporation for breach of the warranty of habitability and breach of the
lease, among other causes of action, was properly granted where there was neither a contractual
nor a landlord-tenant relationship between the subtenants and the cooperative corporation, which
causes of action could be asserted by the subtenants against their sublessor, but not against the
lessor). Similarly, Blumenfeld does not allege that he and his family were in privity with Stable
(see generally SI Hylan Care, LLC v
2454-2464 Hylan Blvd., LLC, 138 AD3d 821, 822 [2d Dept 2016]; Tamco Enters. v
Mitsubishi Elec. Am., 190 AD2d 623, 623-624 [1st Dept 1993), or were third-party
beneficiaries of the proprietary lease between Dogwood LLC and Stable. Id. (remote
subtenant could not avail itself of any lease provision because it was not a third-party beneficiary
of the lease, since the landlord did not undertake a duty toward it or intend to confer any benefit
upon it). Indeed, the complaint does not even mention the two trusts, which are Dogwood LLC's
sole members, or refer to the fact that Blumenfeld is a trustee of one of them. Any ability that
Blumenfeld and his sons may have had to reside in the Apartment flows, in the first instance,
from whatever occupancy arrangement Blumenfeld and his sons may have with Dogwood LLC.