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Holber Assocs. LP v. Reckson Operating P'ship LP

Commercial Landlord's Complaints Dismissed But Sanctions for Frivolous Conduct Denied; Mal

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DECISION AND ORDER

*1  Defendants move to dismiss this action pursuant to CPLR 3211(a)(1), (3), (5), and (7). Defendants also ask this Court to impose sanctions on plaintiff for “frivolous conduct” under 11 NYCRR §130-1.1. For the reasons set forth below, the Court grants defendants’ motion to dismiss the complaint and denies their request for sanctions.BACKGROUNDPlaintiff, Holber Associates, L.P. (Holber), and Defendant, Reckson Operating Partnership, LLC (ROP), entered into a commercial triple net ground lease for 35 Engle Street, Hicksville, NY on December 1,1997 for a term of 20 years. [Plaintiff's Affirmation in Opposition, Exhibit B]. The lease required ROP to pay all expenses including real estate taxes, insurance and maintenance. On November 10, 2003 ROP assigned the lease to REP 35 Engel LLC (REP). [Plaintiff's Affirmation in Opposition, Exhibit C]. In October 2010, REP stopped paying rent to Holber and real estate taxes to Nassau County as was required under the lease.

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