Opinion
13407 Index No. 161320/18 Case No. 2020-02409
03-23-2021
D'Agostino, Levine, Landesman, Lederman, Rivera & Sampson, LLP, New York ( Eric R. Garcia of counsel), for appellant. Schwartz Sladkus Reich Greenberg Atlas LLP, New York (Kristin E. Pendergrass of counsel), for respondents.
D'Agostino, Levine, Landesman, Lederman, Rivera & Sampson, LLP, New York ( Eric R. Garcia of counsel), for appellant.
Schwartz Sladkus Reich Greenberg Atlas LLP, New York (Kristin E. Pendergrass of counsel), for respondents.
Webber, J.P., Oing, Kennedy, Scarpulla, JJ.
Order, Supreme Court, New York County (James E. D'Auguste, J.), entered December 5, 2019, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, with costs.
Plaintiff's allegations are conclusively refuted by documentary evidence ( see Whitebox Concentrated Convertible Arbitrage Partners, L.P. v. Superior Well Servs., Inc., 20 N.Y.3d 59, 63, 956 N.Y.S.2d 439, 980 N.E.2d 487 [2012] ), i.e., plaintiff's assignment of its interest in the condominium's sponsor entity and the subsequent deeds in which title to the unit appurtenant to the parking ramp at the center of the dispute was transferred to another entity, showing that plaintiff did not own the ramp.
Plaintiff's bad faith in filing an unauthorized amendment to the condominium declaration, after assigning away its interest, to purport to obtain title to the ramp, without any colorable basis for doing so, renders its urging for equity unavailing ( Levy v. Braverman, 24 A.D.2d 430, 260 N.Y.S.2d 681 [1st Dept. 1965] ).
We have considered plaintiff's remaining contentions and find them unavailing.