The following e-filed papers read herein: NYSCEF Doc Nos. Notice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) 114-131 135-136, 138-157, 159-177 Opposing Affidavits (Affirmations) 135-136, 138-154, 156-157, 159-177 Upon the foregoing papers, defendant Board of Managers of One Sunset Park Condominium (Condominium Board) moves (in motion sequence [mot. seq.] two) for an order, pursuant to CPLR 3212, granting it summary judgment dismissing the complaint (NYSCEF Doc No. 114). Plaintiffs Wilson Wong, Joshua Lee, Dorothea Lee, Jin Xia Huang, Jie Shan Li, Mei-Chau Kwok, Billy Hum, Larry Rothchild, Jiayuan Peng, Jian Lin Li, Xi Ping Chen, Peter Gibson, Lorry Wall Gibson, Minnea Lin, Jonathan Rinehart, John Benson, Max Plyshevsky, Sui Ting Cao, Hongpei Cao, Peizhu Luo, Patrick Colman, Xuefang Ni, Muxian Wang, Gerald Meyer, David Akey, Chelsea Smith, Doris Renate Kimbrough, Janet Matthews-Derrico, Elenor Whitney, Robert Gertler, Vivian Perrilla, Anna Zheng, Meng Li Wang, Ke Yong Wang, Bin Bin Cheng, Jodie Cheng, Hiu Ming Cheng, He Zhu Chen and Shuyu Zheng (collectively, Plaintiffs or Unit Owners) cross-move (in mot. seq. three) for an order: (1) granting them leave to amend the complaint, pursuant to CPLR 3025 (b); (2) adding Paul Klausner, Leroy Shepherd, Aaron Meshon, Zhen Liang Li, and Mark N. Fessel as party defendants, pursuant to CPLR 1003; and (3) granting Plaintiffs leave to serve the summons and the amended complaint upon the new defendants, pursuant to CPLR 1003 (NYSCEF Doc No. 155). Background Plaintiffs are unit owners of the condominium building located at 702 44th Street in Brooklyn (Building). On April 3, 2019, there was a substantial fire in the Building which required removal of all occupants from their apartments. There were fifty-four (54) apartments in the Building and the structure was declared unsafe for habitation by the City of New York. On September 10, 2020, several of the Unit Owners commenced this action against the Condominium Board by filing a summons and a complaint seeking “to recover damages resulting from [the] Board’s failure to procure the proper amount of fire insurance for the Condominium” (NYSCEF Doc No. 1 at 1). The complaint alleges that “[t]he Board was required to comply with the By-Laws and, accordingly, pursuant to Section 5.4 (C) of the By-Laws, the Board was required to maintain fire insurance equal to ‘not less than’ 80 percent of the full replacement cost of the building” (id. at 2). Allegedly, “[t]he Board failed to comply with these obligations…” and “upon information and belief, obtained insurance coverage of $13.7 million” although “the replacement value of the building is $25,200,000.00 to $26,880,000.00″ (id. at
3-4). The complaint alleges that “the Condominium should have had fire insurance equal to at least $20,160,000.00, representing 80 percent of the replacement value of the building (80 percent of $25,200,000.00)” (id. at 4). The Unit Owners seek damages “equal to the insurance shortfall of at least $6,460,000.00 ($20,160,000-$13,700,000)…” (id. at 5). In support of the alleged replacement value of the Building, the complaint annexes, as Exhibit A, the September 19, 2019 report issued by the Condominium Board’s architect, Howard L. Zimmerman Architects, P.C. (Zimmerman Report) (NYSCEF Doc No. 2). The complaint references the Zimmerman Report and alleges that: “[t]he Zimmerman Report concluded that restoration and replacement of architectural elements is required in all residential units and in all common space throughout the building. “The Zimmerman Report calculated that average new construction costs in the Greater New York City area in the past year for a new 51,300 square foot plus finished cellar building of similar construction quality and configuration is expected to be $25,200,000.00 to $26,880,000.00″ (NYSCEF Doc No. 1 at
