2017 WL 1435430 (N.Y.Sup.) (Trial Order)
Supreme Court of New York.
IAS Term, Commercial Part 4
BOARD OF MANAGERS OF THE BAYARD VIEWS CONDOMINIUM, on behalf of individual unit owners,
FPG BAYARD, LLC, Fortis Property Group, LLC, Joel Kestenbaum, and Jonathan Landau, Defendants.
April 21, 2017.
Decision and Order
Lawrence Knipel, J.S.C.
*1 Mot. Seq. #1
The following e-filed papers read herein:
Notice of Motion, Affirmation, Memorandum of Law, and Exhibits Annexed
NYSCEF#: 23, 24, 25-43
Affidavit in Opposition, Memorandum of Law, and Exhibits Annexed
NYSCEF#: 46-56, 57
Reply Affirmation and Memorandum of Law
Upon the foregoing papers and after oral argument, the post-answer motion of defendants FPG Bayard, LLC (FPG), Fortis
Property Group, LLC (Fortis), and Joel Kestenbaum and Jonathan Landau (collectively, the individual defendants) for an
order, pursuant to CPLR 3211 (a) (1), (3), (5), and (7), dismissing the complaint in its entirety, is granted to the extent that (1)
the first cause of action of the complaint is dismissed insofar as it seeks any recovery for the conditions or defects existing at
the Bayard Views Condominium (the condominium) before the effective date of the chapter 11 plan of reorganization of 20
Bayard Views LLC, the initial sponsor of the condominium,1 (2) the second and third causes of action of the complaint are
dismissed in their entirety, and (3) all claims against Fortis (but not against the individual defendants2) are dismissed; and the
motion is otherwise denied. The action is severed and continued against the remaining defendants, FPG Bayard, LLC, Joel
Kestenbaum, and Jonathan Landau.
The Note of Issue/No Appearance Date, which expired on January 27, 2017, is hereby extended to June 30, 2017, [illegible
This constitutes the decision and order of the Court.
Justice Lawrence Knipel
1 See In re 20 Bayard Views LLC, Chapter 11 Case No. 1:09-BK-50723 (Bankr ED NY); Joint Plan of Reorganization Under
Chapter 11 of the Bankruptcy Code, as Modified, dated July 25, 2011; Findings of Fact, Conclusions of Law and Order (i)
Approving the Disclosure Statement, and (ii) Confirming the Joint Plan of Reorganization Under Chapter 11 of the
Bankruptcy Code for 20 Bayard Views, LLC, dated July 29, 2011; Amended Order on Motion to Reopen and for an Order in
Aid of Plan Confirmation, dated July 29, 2015. See also 11 USC § 1141 (c); In re Orleans Homebuilders, Inc., 561 BR 46,
51-52 (Bankr D Del 2016); In re Johns-Manville Corp., 552 BR 221, 235-237 (Bankr SD NY 2016); In re Johns-Manville
Corp., 57 BR 680, 690 (Bankr SD NY 1986).
2 See Board of Managers of Beacon Tower Condominium v 85 Adams St., LLC, 136 AD3d 680, 682 (2d Dept 2016); Birnbaum
v Yonkers Contr. Co., 272 AD2d 355, 357 (2d Dept 2000). Cf. Board of Managers of 184 Thompson St. Condominium v 184
Thompson St. Owner LLC, 106 AD3d 542, 544 (1st Dept 2013).
End of Document © 2017 Thomson Reuters.
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