BOARD OF MGRS. OF THE RESIDENTIAL SECTION OF THE PLAZA CONDOMINIUM v. FRANZESE

Index No. 654394/15. Appeal Nos. 13505-13506-13507-13507A. Case Nos. 2020-00910, 2020-00911, 2020-00913, 2020-00914.

193 A.D.3d 446 (2021)

141 N.Y.S.3d 701

2021 NY Slip Op 02094

Board of Managers of the Residential Section of the Plaza Condominium, Appellant, v. Kristin Franzese et al., Defendants, and CPS 1 Realty, LP, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 6, 2021.


Attorney(s) appearing for the Case

Harris Beach PLLC, Uniondale ( Keith M. Corbett of counsel), for appellant.

Rivkin Radler, LLP, Uniondale ( Merril S. Biscone of counsel), for CPS1 Realty LP, El-Al Properties NY LLC, Plaza Accessory Owner LP, Plaza Club Owner LP, Plaza Residential Owner LP, Plaza Residential Owner GP LLC, CPS 1 Realty GP LLC and El Ad US Holdings, Inc., respondents.

Warshaw Burstein, LLP, New York ( Grant R. Cornehls of counsel), for Sahara Dreams, LLC, Sahara US Corp, Sahara Plaza LLP, Sahara Plaza LLC, Board of Managers of the Hotel Section of the Plaza Condominium, Hampshire Hotels Management LLC, Hampshire Hotels & Resorts Limited Liability Company, Dream Hotel Group, LLC, Sahara Dreams Co. II Inc., Sahara Dreams Limited, Sahara Plaza Inc., Sahara Plaza II Inc., Sahara Hampshire Hotel Management LLC, Sahara Hampshire Hospitality Management Limited, Sahara Hampshire Hotel Management Co. II Inc. and Sahara Hampshire Hotel Management Co. Inc., respondents.

Allegaert Berger & Vogel LLP, New York ( Louis A. Craco, Jr. of counsel), for Kingdom Holding Company and Kingdom XXII (USA) Ltd., respondents.

Concur—Gische, J.P., Kapnick, Oing, Moulton, JJ.


All four of the orders appealed from granted defendants' motions to dismiss for the reasons set forth on the record on November 13, 2019; two of the orders also referred to the record of November 18. However, plaintiff failed to include these transcripts in its record, "render[ing] meaningful appellate review of this matter impossible" (Sebag v Narvaez, 60 A.D.3d 485, 485 [1st Dept 2009], lv denied 13 N.Y...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases