Hubshman v. 1010 Tenants Corp.

Summary

The Appellate Division, First Department modified an order dismissing claims brought by a cooperative apartment shareholder concerning contractual rights to an appurtenant roof garden and terrace. The court reinstated claims for breach of the original proprietary lease and attorneys' fees, holding that the plaintiff adequately alleged that the cooperative amended the lease and curtailed her rights without the required consent while the original lease remained in effect. The court otherwise affirmed dismissal of the specific-performance claim relating to a prior settlement agreement.

Holdings

1. The specific-performance claim was properly dismissed because plaintiff did not identify a provision of the settlement agreement that defendants breached or were required to perform, and she did not allege that the work contemplated by the settlement agreement remained unperformed.
2. Plaintiff adequately pleaded that defendants breached paragraph 6 of the original proprietary lease by adopting a new proprietary lease that eliminated her paragraph 7 roof rights without her consent while the original lease remained in effect.
3. The attorneys' fees claim was reinstated because the proprietary lease expressly permitted the lessor to recover fees for a lessee's default, potentially entitling plaintiff to reciprocal fees under Real Property Law § 234 if she prevails on her breach-of-contract claim.

Questions Presented

1. Whether the claim for specific performance of the parties' 2011 settlement agreement was properly dismissed.
2. Whether plaintiff adequately pleaded a breach of the original proprietary lease based on defendants' adoption of a new lease eliminating her roof-garden rights without her consent.
3. Whether plaintiff's related claim for attorneys' fees was properly dismissed.

Disposition

other