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2018 NY Slip Op 51958

Citation
2018 NY Slip Op 51958
Jurisdiction
New York (state)
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cross_accepted_sealed

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certificate of occupancy. Peterson affidavit in support of motion to dismiss amended 2017
complaint, exhibit 7, ¶¶ 50-57, 68, 90-96. That complaint also sets forth a cause of
action which alleges that Dogwood LLC was entitled to a rent abatement because the cellar units
violated the building's certificate of occupancy. Id., ¶¶ 97-99. This Court
dismissed both causes of action, the former because Stable lacked a fiduciary relationship with its
shareholders, and the latter because the plaintiffs were not injured by the cellar units' lack of
conformity with the certificate of occupancy. Id., exhibit 8 at 18-21.