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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28-302.1 et seq), to insure proper maintenance of building facades, requires, among other things,
periodic professional inspections of the exterior walls of buildings greater than six stories in
height, the sending of reports of such inspections to the commissioner, the notification of the
owners and DOB if an unsafe condition were discovered, and the prompt repair of any such
condition.

Footnote 7:This is a reference to the
Plan/Work Application improperly filed by Dogwood LLC with DOB, without notice to, or
consent of, the Board, which form was signed, in December 2014, by Blumenfeld, as a trustee for
Dogwood LLC, evidently meaning a trustee of one of Dogwood LLC's members, in the section
headed Property Owner's Statements and Signatures," which explains, in the case of co-ops,
meant tenant-shareholders, and was signed the same day in the next section, headed
"Co-op/Condo Board or Corporation Second Officer," by Brad Blumenfeld, rather than by
Blumenfeld and his brother obtaining the required signature of an authorized representative of
Condo or Co-op board, as plainly explained on that form in italics under the signature line. 2015
action, index no.157621/2015, NYSCEF Doc. 18.

Footnote 8:This cause of action in the
original 2015 complaint was presumably varied because some of its allegations were irrelevant.
For example, with respect to the allegation regarding disparate treatment in that complaint
(¶¶ 65-66), i.e., that there was no formal subleasing policy, this was contradicted by
the proprietary lease's detailed subleasing terms, and by the terms of the occupancy agreement.
The 2015 complaint did not allege that Dogwood LLC, ever sought. permission to sublet the
Apartment, including to any of Blumenfeld's sons.

Footnote 9:This Court notes that the