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

1,791 chars 
their and their units' occupants' illegal uses of those units, to "remove" illegal uses, and to restore
the cellar rooms to the occupancy permitted by the current certificate of occupancy. Amended
2017 complaint, ¶ 226. Although the wording of this cause of action is somewhat vague, it
appears as if the demand to remove the illegal uses and to restore the units is directed at those
units' proprietary lessees, since they are alleged to be in violation of their proprietary leases.

Plaintiffs' reliance on RPAPL § 601 is misplaced. That statute has no relationship to the
circumstances here, where the proprietary lease describes the cellar units as having cellar level
bedrooms and full baths and the upstairs levels as having only a powder room and no bedrooms,
and further provides that the lessee shall have the quiet enjoyment of the apartment without any
suit or hindrance by Stable if the rent is paid. Proprietary lease ¶¶ 7 (h), 10. There is
no allegation under this cause of action that Stable would be entitled to any damages from the
owners of each of the cellar units, and this cause of action requests no damages. Moreover, if
those units cannot be legalized and the cellar units' proprietary lessees assert breach of contract
claims against Stable, it may be found liable to them. See e.g. Measom v Greenwich &
Perry St. Hous. Corp., 8 Misc 3d at 51- 54.

Although the tenth cause of action cites to cases, including Measom v Greenwich &
[*34]Perry St. Hous. Corp. (8 Misc 3d at 51- 54), in which
cellar occupants were ejected from their apartments (Amended 2017 complaint, ¶ 222), and
this cause of action alleges that it is one sounding in common law ejectment (Amended 2017
complaint, ¶ 226) to permit Stable to recover all three cellar units and/or the cellar portions