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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ENTER:
_________________________
KATHRYN E. FREED, J.S.C.

Footnotes

Footnote 1:On January 10, 2018, after the
instant motions were served, El-Sawy resigned from the Board and from his position as Stable's
treasurer and Cavaleri filled both positions. See Davidson affirmation in further support
of defendants' motion to dismiss the amended 2017 complaint, exhibits 24 (special meeting
minutes, 1/10/2018) and 25 (El-Sawy's resignation letter).

Footnote 2:According to plaintiffs' counsel,
the proprietary lease's terms have not been amended since the cooperative was formed. Oral
argument transcript of 4/30/2018 at 16. The lease was amended in 2002, however, to provide for
the lessee's payment to the lessor of a transfer fee. Peterson affidavit in support of motion to
dismiss amended 2017 complaint, exhibit 2.

Footnote 3:Blumenfeld and his brother, Brad
Blumenfeld, are vice presidents of Blumenfeld Development Group (BDG), which acquires and
develops "high profile" real estate projects. See Peterson affidavit in support of motion to
dismiss amended 2017 complaint, exhibit 5, sub-exhibits 8-10. Blumenfeld has been with BDG
for more than 30 years and is also the president of BDG Construction Corp, which manages the
construction process on BDG's projects. Id., sub-exhibit 8.

Footnote 4:A few weeks earlier, Ono
discontinued her action. Ono v Stable, index no. 653582/2013, NYSCEF Doc. 2.

Footnote 5:According to defendants, no one
ever raised any complaints about the condition of the Apartment when the guests lived in it.
Peterson affidavit in support of motion to dismiss amended 2017 complaint, exhibit 5,
Youngberg affidavit, ¶¶ 22-32.

Footnote 6:New York City Local Law 11of
1998 (originally Administrative Code of the City of New York §27-129, now §