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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and that no permits, plans, or certificate of occupancy exists which show that the cellar units
have been legalized for residential use. Plaintiffs seek a declaration that the use of those parts of
the cellar levels of each cellar unit which have been used as residential living space amounts to
an illegal occupancy. This cause of action further requests preliminary and permanent relief
enjoining Youngberg, Cavaleri, and El-Sawy, and anyone residing in their apartments, from
using any cellar level room as residential living space and compelling the proprietary lessees of
those units to restore those cellar level rooms of their units which have been associated with
residential living space to conform to the certificate of occupancy as recreation rooms with a
powder room.

The tenth cause of action, which incorporates all prior allegations, including those of the
eighth cause of action, purports to allege, on Stable's behalf, a "common law" derivative claim,
[*33]"pursuant to RPAPL §601," to "recover" the three
cellar units, or their cellar portions, and to eject the shareholders/occupants of those units,
Youngberg, El-Sawy, and Cavaleri, and members of their households, and any other occupants
and subtenants of those units "from all illegal uses" (Amended 2017 complaint, ¶ 226), on
the ground that occupancy of portions of the cellar level is illegal because it violates the
certificate of occupancy, the proprietary lease, the Multiple Dwelling Law, and the New York
City fire, health, safety, and zoning codes. Id., ¶¶ 222, 224-225. RPAPL
§ 601 is a section of Article 6 of the Real Property Actions and Proceedings Law, which
article is headed "Action to Recover Real Property." RPAPL § 601 is entitled "[d]amages