The opinion
Board of Mgrs. of the 432 Park Condominium v 56th
& Park (NY) Owner, LLC
2024 NY Slip Op 33853(U)
October 28, 2024
Supreme Court, New York County
Docket Number: Index No. 655617/2001
Judge: Melissa A. Crane
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
INDEX NO. 655617/2021
NYSCEF DOC. NO. 909 RECEIVED NYSCEF: 10/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. MELISSA A. CRANE PART 60M
Justice
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INDEX NO. 655617/2021
BOARD OF MANAGERS OF THE 432 PARK
MOTION DATE N/A
CONDOMINIUM, ON BEHALF OF THE INDIVIDUAL UNIT
OWNERS AND THE COMMERCIAL UNIT OWNERS,
BOARD OF MANAGERS OF THE COMMERCIAL MOTION SEQ. NO. 022
SECTION OF THE 432 PARK CONDOMINIUM, BOARD OF
MANAGERS OF THE RESIDENTIAL SECTION OF THE
432 PARK CONDOMINIUM, ON BEHALF OF THE
INDIVIDUAL UNIT OWNERS,
Plaintiff,
DECISION + ORDER ON
- V - MOTION
56TH AND PARK (NY) OWNER, LLC,RYAN HARTER,
HARRY MACKLOWE,
Defendant.
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56TH AND PARK (NY) OWNER, LLC Third-Party
Index No. 595204/2022
Plaintiff,
-against-
LEND LEASE (US) CONSTRUCTION LMB INC., SLCE
ARCHITECTS LLP, WSP USA BUILDINGS, INC. F/K/A, WSP
USA BUILDINGS, INC. F/K/A WSP CANTOR SEINUK
STRUCTURAL ENGINEERS, CGI NORTHEAST INC, ROWAN
DAVIES, IRWIN, INC.,, JENKINS AND HUNTINGTON, INC.,
VOA, INC.
Defendant.
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HARRY MACKLOWE Second Third-Party
Index No. 595923/2022
Plaintiff,
-against-
432 PARK PROPERTIES INC.
Defendant.
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655617/2021 BOARD OF MANAGERS OF THE 432 PARK CONDOMINIUM, ON BEHALF OF THE Page 1 of4
INDIVIDUAL UNIT OWNERS AND THE COMMERCIAL UNIT OWNERS ET AL vs. 56TH AND
PARK (NY) OWNER, LLC ET AL
Motion No. 022
[* 1] 1 of 4
INDEX NO. 655617/2021
NYSCEF DOC. NO. 909 RECEIVED NYSCEF: 10/28/2024
LEND LEASE (US) CONSTRUCTION LMB INC. Third Third-Party
Index No. 595956/2022
Plaintiff,
-against-
RAEL AUTOMATIC SPRINKLER COMPANY, INC., ASM
MECHANICAL SYSTEMS, A.S.R. ELECTRICAL
CONTRACTING, INC., CELTIC SHEETMETAL, INC.,
COMPONENT ASSEMBLY SYSTEMS, INC., IDA EXTERIOR
SYSTEMS, LLC, L.I.F. INDUSTRIES, INC., MAYRICH
CONSTRUCTION CORP., PARAMOUNT PLUMBING CO. OF
NY, INC., ROGER & SONS CONCRETE, INC., NICHOLAS &
GALLOWAY, INC., A&H CUSTOM MACHINE LTD., TAYLOR
DEVICES, INC., METROPOLITAN WALTERS, LLC,
SCHINDLER ELEVATOR CORPORATION, JOHN DOES
Defendant.
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CELTIC SHEETMETAL, INC. Fourth Third-Party
Index No. 595257/2023
Plaintiff,
-against-
INTERNATIONAL ASBESTOS REMOVAL, INC. F/K/A JOHN
GRANDO, INC., PREMIER INSULATION SERVICES CORP.,
PRECISION TEST AND BALANCE OF NY CORP.
Defendant.
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MAYRICH CONSTRUCTION CORP. Fifth Third-Party
Index No. 595301/2023
Plaintiff,
-against-
STARBRITE WATERPROOFING CO. INC., CIVETTA-
COUSINS JV, L.L.C.
Defendant.
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ROGER & SONS CONCRETE, INC. Sixth Third-Party
Index No. 595305/2023
Plaintiff,
-against-
FERRARA BROS. BUILDING MATERIALS CORP., DOKA
USA LTD., RETECH SYSTEMS LLC, STARBRITE
655617/2021 BOARD OF MANAGERS OF THE 432 PARK CONDOMINIUM, ON BEHALF OF THE Page 2 of 4
INDIVIDUAL UNIT OWNERS AND THE COMMERCIAL UNIT OWNERS ET AL vs. 56TH AND
PARK (NY) OWNER, LLC ET AL
Motion No. 022
[* 2] 2 of 4
INDEX NO. 655617/2021
NYSCEF DOC. NO. 909 RECEIVED NYSCEF: 10/28/2024
WATERPROOFING CO., INC., DYWIDAG-SYSTEMS
INTERNATIONAL, USA, INC., FALCON STEEL COMPANY,
INC., HILTI, INC., FERRARA BROS. LLC, SMYRNA READY
MIX CONCRETE LLC, SRM CONCRETE LLC, NUCOR
HARRIS REBAR NORTHEAST LLC
Defendant.
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The following e-filed documents, listed by NYSCEF document number (Motion 022) 806, 807, 808, 809,
810,811,812,813,814,815,816,817,818,819,820,821,822,823,824,825,826,827,828,829,830,
831,832,833,834,835,836,837,838,839,840,841,842,843,844,845,848,849,850,851,852,853,
854,855,856,857,858,859,860,861,862,863,864,865,866,867,868,869,870,871,872,873,874,
875,877,878,879,880,881,882,883,884,885,886,887,888,889
were read on this motion to/for JUDGMENT-SUMMARY
Upon the foregoing documents, it is
The court denies defendant Macklowe' s motion for summary judgment made before the
close of discovery. The court also denies plaintiffs cross motion for summary judgment.
There are issues of fact about whether Macklowe abused his control over the commercial
board or participated in its misconduct (1) to circumvent the mandatory approval process for
engaging in sensitive electrical work; (2) divert work to his own companies and to an
inexperienced sub contractor; (3) directed the inexperienced sub to perform its work in reckless
manner to cut costs that caused the arc explosion and (4) foisted the insurance onto plaintiffs by
abusing his position at the board to excuse his own companies from using their insurance to
cover the significant damage that the Macklowe controlled subcontractor caused. The cross
motion to dismiss Macklowe' s claims for indemnification must be denied because, if
Macklowe' s view of events bears out at trial, he could be entitled to indemnification.
Having moved for summary judgment prematurely, and despite being warned, Macklowe
has now squandered his opportunity for summary judgment post-note. Plaintiff likewise is now
precluded from moving again on this issue. (Strout v. CF E 88 LLC, No. 161439/19, 2024 WL
655617/2021 BOARD OF MANAGERS OF THE 432 PARK CONDOMINIUM, ON BEHALF OF THE Page 3 of 4
INDIVIDUAL UNIT OWNERS AND THE COMMERCIAL UNIT OWNERS ET AL vs. 56TH AND
PARK (NY) OWNER, LLC ET AL
Motion No. 022
[* 3] 3 of 4
INDEX NO. 655617/2021
NYSCEF DOC. NO. 909 RECEIVED NYSCEF: 10/28/2024
4350564, at *1 [1 st Dep't Oct. 1, 2024][ "successive motions for summary judgment should be
denied absent new evidence"]).
Accordingly, it is
ORDERED THAT both the motion and the cross motion are denied; and it is further
ORDERED THAT there shall be no further motion practice whatsoever, including
motions to reargue, without prior conference with the court.
202410~538~0908D6
10/28/2024
DATE MELISSA A. CRANE, J.S.C.
~
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED 0 DENIED GRANTED IN PART □ OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
655617/2021 BOARD OF MANAGERS OF THE 432 PARK CONDOMINIUM, ON BEHALF OF THE Page4 of 4
INDIVIDUAL UNIT OWNERS AND THE COMMERCIAL UNIT OWNERS ET AL vs. 56TH AND
PARK (NY) OWNER, LLC ET AL
Motion No. 022
[* 4] 4 of 4