Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)

Citation: Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)
Parent Document: Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-04
Original Source: https://www.courtlistener.com/opinion/10349554/orlitsky-v-33-greenwich-owners-corp/ ↗

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Defendants' assertion that the causes of action against them for breach of the proprietary lease, breach of the implied covenant of good faith and fair dealing, and constructive eviction/breach of the covenant of quiet enjoyment should have been dismissed based on paragraph 45 of the proprietary lease, which requires written notice and a 30-day period to cure before instituting a shareholder action against them for violation of the proprietary lease is improperly raised for the first time on appeal and is not based on a legal issue appearing on the face of the record (cf. Chateau D'If Corp. v City of New York, 219 AD2d 205, 209 [1st Dept 1996], appeal denied 88 NY2d 811 [1996]). Further, the cause of action for breach of the proprietary lease is timely, as that cause of action was filed within six years of the co-op's alleged breach of the proprietary lease — refusing to permit plaintiff to sublet his apartment (see Estate of Del Terzo v 33 Fifth Ave. Owners Corp., 136 AD3d 486, 487 [1st Dept 2016], affd 28 NY3d 1114 [2016]). The four-month statute of limitations does not apply, as the cause of action as pleaded is not a challenge to the Board of Directors' sublet policy in general.

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