Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Rondinone v. McClintock

Dismissal Denied; Factual Issues as to Repairs of Lower Roof

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following e-filed documents, listed by NYSCEF document number (Motion 001) 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION   Plaintiff commenced this action alleging a single cause of action for breach of contract when defendant allegedly refused to repair the lower roof of the apartment building in which plaintiff and defendant reside under the terms of their agreement. Defendant denies any such breach and timely brings this pre-answer motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (a)(7). Defendant also seeks attorneys’ fees pursuant to the contract. Plaintiff opposes the motion and defendant replies. For the reasons below, defendant’s motion is denied. The following allegations are taken from the complaint and are presumed true for the purposes of this motion.1 Plaintiff and defendant are shareholders in the same cooperative corporation of the building in which they live (NYSCEF Doc. No. 1, complaint at

3-4). Plaintiff resides in Unit 2 and defendant resides in Unit 1 (id.). Units 2 and 3 had direct access to the lower roof; however, defendant did not have access to the lower roof, which was directly above his unit (id. at 10). In 2017, defendant and other non-party owners of units 2 and 3 executed the Lower Roof License Agreement (“subject agreement”) to improve and repair the lower roof to be accessible by all unit owners (id. at

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›
Go to Lawjobs