The opinion
Board of Mgrs. of the 432 Park Condominium v 56th
& Park (NY) Owner, LLC
2025 NY Slip Op 31369(U)
April 17, 2025
Supreme Court, New York County
Docket Number: Index No. 655617/2021
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.
FILED: NEW YORK COUNTY CLERK 04/17/2025 04:42 PM INDEX NO. 655617/2021
NYSCEF DOC. NO. 1027 RECEIVED NYSCEF: 04/17/2025
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. MELISSA A. CRANE PART 60M
Justice
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BOARD OF MANAGERS OF THE 432 PARK
CONDOMINIUM, ON BEHALF OF THE INDIVIDUAL UNIT 01/08/2025,
OWNERS AND THE COMMERCIAL UNIT OWNERS, 02/14/2025,
BOARD OF MANAGERS OF THE COMMERCIAL MOTION DATE 02/24/2025
SECTION OF THE 432 PARK CONDOMINIUM, BOARD OF
MANAGERS OF THE RESIDENTIAL SECTION OF THE MOTION SEQ. NO. 025 026 027
432 PARK CONDOMINIUM, ON BEHALF OF THE
INDIVIDUAL UNIT OWNERS,
Plaintiff,
-v- DECISION + ORDER ON
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, ROWAN DAVIES, IRWIN, INC.,,
JENKINS AND HUNTINGTON, INC., VDA, 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 of 6
INDIVIDUAL UNIT OWNERS AND THE COMMERCIAL UNIT OWNERS ET AL vs. 56TH AND
PARK (NY) OWNER, LLC ET AL
Motion No. 025 026 027
1 of 6
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FILED: NEW YORK COUNTY CLERK 04/17/2025 04:42 PM INDEX NO. 655617/2021
NYSCEF DOC. NO. 1027 RECEIVED NYSCEF: 04/17/2025
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
WATERPROOFING CO., INC., DYWIDAG-SYSTEMS
655617/2021 BOARD OF MANAGERS OF THE 432 PARK CONDOMINIUM, ON BEHALF OF THE Page 2 of 6
INDIVIDUAL UNIT OWNERS AND THE COMMERCIAL UNIT OWNERS ET AL vs. 56TH AND
PARK (NY) OWNER, LLC ET AL
Motion No. 025 026 027
2 of 6
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FILED: NEW YORK COUNTY CLERK 04/17/2025 04:42 PM INDEX NO. 655617/2021
NYSCEF DOC. NO. 1027 RECEIVED NYSCEF: 04/17/2025
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 025) 916, 917, 918, 919,
920, 921, 923, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943,
944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 985, 986, 987,
988, 989, 990, 991, 992, 993, 994, 995, 996, 997
were read on this motion to/for AMEND CAPTION/PLEADINGS .
The following e-filed documents, listed by NYSCEF document number (Motion 026) 963, 964, 965, 966,
967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 1012, 1013,
1014, 1015, 1016, 1017, 1023
were read on this motion to/for ENFORCEMENT .
The following e-filed documents, listed by NYSCEF document number (Motion 027) 998, 999, 1000, 1001,
1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1018, 1019, 1020, 1021, 1022, 1024
were read on this motion to/for ENFORCEMENT .
The motions are decided in accordance with the reasoning on the record of 4/17/2025.
The motion to amend (motion 25) and its cross motion for sanctions are denied. Motions 26 and
27 to enforce a settlement are granted.
With respect to the motion to amend, as more fully discussed on the record, the discovery
schedule has been extended numerous times. After the last time plaintiffs moved to amend
(motion 9), the court granted the motion, but found it necessary to put parameters around
potential future amendments. On the record on the May 3, 2023 transcript [see EDOC 932], the
court stated: “However, going forward, should plaintiffs discover additional defects, they can
have 30 days to raise their suspicions with defendants, and 45 days after raising those suspicions
to amend if they are going to do so. All right?”
Here, it does not appear that plaintiffs met those parameters. Meanwhile, discovery has
progressed to the point that fact discovery is more or less closed. The parties are now in the
655617/2021 BOARD OF MANAGERS OF THE 432 PARK CONDOMINIUM, ON BEHALF OF THE Page 3 of 6
INDIVIDUAL UNIT OWNERS AND THE COMMERCIAL UNIT OWNERS ET AL vs. 56TH AND
PARK (NY) OWNER, LLC ET AL
Motion No. 025 026 027
3 of 6
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FILED: NEW YORK COUNTY CLERK 04/17/2025 04:42 PM INDEX NO. 655617/2021
NYSCEF DOC. NO. 1027 RECEIVED NYSCEF: 04/17/2025
expert discovery phase [see EDOC 922 indicating that fact discovery closed on 12/31/2024]. The
court thanks Judge Andrew Peck, who has acted as Special Master on discovery issues, for
getting the parties to this point on this factually intense case.
Allowing plaintiffs to amend to assert fraud claims for millions of dollars against
defendants 56th and Park (NY) Owner, LLC (“Sponsor”), WSP USA Buildings, Inc., and SLCE
Architects LLP will open up months of additional fact discovery, including, but not limited to,
plaintiffs’ reasonable reliance. There is also a potential statute of limitations issue, so there will
certainly be the inevitable motions to dismiss. All this will slow down a case that is already
almost four years old.
There is no prejudice to plaintiffs who can assert these claims in a separate action, while
the procedural posture of this case is such that allowing the amendment now would seriously
prejudice the more peripheral defendants. These parties have been paying lawyers for years
while parties and claims keep being added having nothing to do with them. It is time to allow
expert discovery in the main action to finish and for summary judgment motions or trial to occur.
The court denies the cross motion for sanctions. This motion was not frivolous in any
way.
The motions (26 and 27) to enforce the settlement between plaintiffs reached by and
between Plaintiffs, 56th and Park (NY) Owner (“Sponsor”), LLC, Lendlease (US) Construction
LMB Inc. (“Lendlease”), Skyline and S&S Manufacturing, Inc. (“S&S”) are granted pursuant to
the reasoning on the record. Namely on February 19, 2024, plaintiff’s attorney wrote to Andre
Major, counsel for Skyline, that the agreement was in place:
I believe we are good to go with he [sic] agreement so you should send it to
counsel for Lend Lease and Sponsor to approve. One thing, you mention Certain
Underwriters at Lloyd’s, which I assume is your client’s carrier, in the release
655617/2021 BOARD OF MANAGERS OF THE 432 PARK CONDOMINIUM, ON BEHALF OF THE Page 4 of 6
INDIVIDUAL UNIT OWNERS AND THE COMMERCIAL UNIT OWNERS ET AL vs. 56TH AND
PARK (NY) OWNER, LLC ET AL
Motion No. 025 026 027
4 of 6
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FILED: NEW YORK COUNTY CLERK 04/17/2025 04:42 PM INDEX NO. 655617/2021
NYSCEF DOC. NO. 1027 RECEIVED NYSCEF: 04/17/2025
section. If you need to list them, I think you need to have a representative sign for
them. Otherwise, we should be able to wrap this up this week
[EDOC 1006 emphasis added].
Thus, the only remaining conditions to settlement were for Lend Lease and
Sponsor to approve, which they did. Contrary to plaintiffs’ arguments, there is nothing
equivocal about this language that includes the statement “we should be able to wrap this
up.” Nowhere does plaintiffs’ former counsel suggest there was anything additional that
needed to occur beyond the Sponsor’s approval.
Plaintiffs’ contention that the Sponsor changed the agreement at the last minute is
meaningless. This is because section C of the Settlement Agreement the parties
exchanged on May 23, 2024, containing the release, did not change [see Exhibit G to the
Affirmation of Andre Major, Esq, dated February 24, 2025 [EDOC 1008 pg 5 of
document (electronic page 6)]. This section, states that:
432 Park Board, Sponsor, Lendlease and the Settling Defendants understand
that by signing this Settlement Agreement, they are releasing, fully, finally and
forever, and as set forth more fully herein, all of their past, present and future
claims against one another concerning or in any way relating to the Released
Claims. In addition, 432 Park Board, Sponsor, Lendlease and the Settling
Defendants hereby knowingly and voluntarily promise and covenant not to sue
each other with respect to the Released Claims. 432 Park Board, Sponsor,
Lendlease and the Settling Defendants understand that this Release ends, fully and
forever, all Released Claims. By settling now, 432 Park Board, Sponsor,
Lendlease and the Settling Defendants understand that they cannot later sue each
other with respect to any damages that they may become aware of in the
future which are the subject of the Released Claim
(emphasis added).
Any additional language the Sponsor may have suggested does not change the broad scope of
this release.
655617/2021 BOARD OF MANAGERS OF THE 432 PARK CONDOMINIUM, ON BEHALF OF THE Page 5 of 6
INDIVIDUAL UNIT OWNERS AND THE COMMERCIAL UNIT OWNERS ET AL vs. 56TH AND
PARK (NY) OWNER, LLC ET AL
Motion No. 025 026 027
5 of 6
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NYSCEF DOC. NO. 1027 RECEIVED NYSCEF: 04/17/2025
Finally, S&S and Skyline relied on this settlement and dropped out of participation in
discovery. Plaintiffs never suggested to these defendants that they might want to recommence
participation because there was no settlement. Plaintiffs’ argument that there was no authority
for plaintiffs’ former counsel to enter into this settlement because plaintiff is a board of directors
is a non sequitur that lacks support.
The court has considered the parties’ remaining contentions and finds them unavailing.
Accordingly, it is
ORDERED THAT the motion and cross motion in motion sequence 25 are denied
and motions 26 and 27 are granted.
202504~ABEGABC9F20EiblY8BEF1
4/17/2025
DATE MELISSA A. CRANE, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
□ □
GRANTED DENIED X 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 Page 6 of 6
INDIVIDUAL UNIT OWNERS AND THE COMMERCIAL UNIT OWNERS ET AL vs. 56TH AND
PARK (NY) OWNER, LLC ET AL
Motion No. 025 026 027
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