The opinion
Sarasota Dev. Co., LLC v Board of Mgrs. of the 58-60
Reade St. Condominium
2025 NY Slip Op 32393(U)
July 7, 2025
Supreme Court, New York County
Docket Number: Index No. 153222/2023
Judge: Emily Morales-Minerva
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 07/08/2025 04:43 PM INDEX NO. 153222/2023
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 07/08/2025
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. EMILY MORALES-MINERVA PART 42M
Justice
-------------------X INDEX NO. 153222/2023
SARASOTA DEVELOPMENT CO., LLC, DARREL FLANEL,
MOTION DATE 04/10/2025
Plaintiffs,
MOTION SEQ. NO. 005
-v-
THE BOARD OF MANAGERS OF THE 58-60 READE
STREET CONDOMINIUM, ROBERT TIRSCHWELL,
DECISION + ORDER ON
DAVEED FRAZIER, JOHN MEN El LL Y, ALEX FERRINI,
THE ANDREWS ORGANIZATION, INC.
MOTION
Defendants.
-------------------X.
The following e-filed documents, listed by NYSCEF document number (Motion 005) 156, 157, 158, 159,
160,161,162,163,165,166
were read on this motion to/for AMEND CAPTION/PLEADINGS
APPEARANCES:
Altman & Company P.C {Steven Altman, Esq., of counsel} for
plaintiffs.
Olshan Frame Wolosky LLP (Joseph B. Weiner, Esq., of
counsel} for defendant.
HON. EMILY MORALES-MINERVA:
In this action for, among other things, breach of the
Condominium Act (Article 9-B of the Real Property Law},
defendant THE BOARD OF MANAGERS OF THE 58-60 READE STREET
CONDOMINIUM {Condo Board} moves, by notice of motion {sequence
number 005), pursuant to CPLR 3025 {b), for leave to amend its
answer to assert a third counterclaim against plaintiffs
163222/2023 SARASOTA DEVELOPMENT CO., LLC ET AL vs. THE BOARD OF MANAGERS OF Page 1 of 5
THE 58-60 READE STREET CONDOMINIUM ET AL
Motion No. 006
[* 1] 1 of 5
FILED: NEW YORK COUNTY CLERK 07/08/2025 04:43 PM INDEX NO. 153222/2023
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 07/08/2025
SARASOTA DEVELOPMENT CO., LLC and DARREL FLANEL (resident) . 1
Plaintiffs SARASOTA DEVELOPMENT CO. (unit owner), LLC and DARREL
FLANEL (resident) appear, explicitly indicating that they do not
oppose the proposed amendment. 2
Leave to amend a pleading should be freely given absent a
showing of substantial prejudice or surprise, unless the
proposed amendment is palpably insufficient or patently devoid
of merit (see CPLR § 3025 [bl; JP Morgan Chase Bank, N.A. v Low
Cost Bearings N.Y., Inc., 107 AD3d 643, 644 [1st Dept 2013]).
"On a motion for leave to amend, plaintiff need not establish
the merit of its proposed new allegations, but simply show that
the proffered amendment is not palpably insufficient or clearly
devoid of merit" (MBIA Ins. Corp. v Greystone & Co., Inc., 74
AD3d 499, 500 [1st Dept 2010] [internal citation omitted]).
Further, the party seeking to amend is "not required to
support its allegations with evidence or an affidavit of merit"
1 Rule 3025 (b) of the CPLR provides, "A party may amend [their] pleading, or
supplement it by setting forth additional or subsequent transactions or
occurrences, at any time by leave of court or by stipulation of all parties.
Leave shall be freely given upon such terms as may be just including the
granting of costs and continuances. Any motion to amend or supplement
pleadings shall be accompanied by the proposed amended or supplemental
pleading clearly showing the changes or additions to be made to the
pleading."
2 0n July 24, 2024, the court (S. Adams, J.S.C.) dismissed the instant action
against defendants ALEX FERRINI, ROBERT TIRSCHWELL, DAVEED FRAZIER, JOHN
MENEILLY, and THE ANDREWS ORGANIZATION (see NYSCEF Doc. No. 150, Decision and
Order on Motion Sequence Number 003, dated July 24, 2024, and Doc. No. 151,
Decision and Order on Motion Sequence Number 004, dated July 24, 2024).
Therefore, defendant THE BOARD OF MANAGERS OF THE 58-60 READE STREET
CONDOMINIUM is the only remaining defendant in the instant action.
153222/2023 SARASOTA DEVELOPMENT CO., LLC ET AL vs. THE BOARD OF MANAGERS OF Page 2of5
THE 58-60 READE STREET CONDOMINIUM ET AL
Motion No. 005
[* 2] 2 of 5
FILED: NEW YORK COUNTY CLERK 07/08/2025 04:43 PM INDEX NO. 153222/2023
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 07/08/2025
(St. Nicholas W. 126 L.P. v Republic Inv. Co., LLC, 193 AD3d 488
[1st Dept 2021]; see also Sorge v Gana Realty, LLC, 188 AD3d
474, 475 [1st Dept 2020]}. Courts have repeatedly emphasized
this liberal standard (see Cherebin v Empress Ambulance Serv.,
Inc., 43 AD3d 364, 365 [1st Dept 2007] [affirming that leave
should be granted unless there is prejudice}; see also NYAHSA
Servs., Inc., Self-Ins. Tr. v People Care Inc., 156 AD3d 99, 103
[3d Dept 2017] [holding that "[l]eave to amend pleadings should
be freely granted" where there is no showing of unfair surprise
or legal futility]}.
Here, the Condo Board seeks to amend its pleading to
include one additional counterclaim. Unit owner and resident of
the unit at issue appear and expressly do not oppose the motion.
They also do not allege that there exists any prejudice or
surprise or that the counterclaim is patently devoid of merit.
Accordingly, it is
ORDERED that motion (Mot. Seq. No. 005) of defendant THE
BOARD OF MANAGERS OF THE 58-60 READE STREET CONDOMINIUM is
granted; it is further
ORDERED that the Second Amended Answer and Counterclaims in
the form annexed to the motion shall be deemed served upon
plaintiffs upon service of a copy of this order with notice of
entry; it is further
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THE 58-60 READE STREET CONDOMINIUM ET AL
Motion No. 005
[* 3] 3 of 5
FILED: NEW YORK COUNTY CLERK 07/08/2025 04:43 PM INDEX NO. 153222/2023
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 07/08/2025
ORDERED that defendant shall serve a copy of this order
with notice of entry on plaintiffs SARASOTA DEVELOPMENT CO.,
LLC, and DARREL FLANEL, within ten days of such entry; it is
further
ORDERED that, within 30 days from service of a copy of this
order with notice of entry, defendant shall serve this order
upon the County Clerk and the Clerk of the General Clerk's
Office, who are directed to mark the matter dismissed against
defendants ALEX FERRINI, ROBERT TIRSCHWELL, DAVEED FRAZIER, JOHN
MENEILLY, and THE ANDREWS ORGANIZATION, and amend the caption to
the following:
SARASOTA DEVELOPMENT CO., LLC, DARREL FLANEL,
Plaintiffs,
-v-
THE BOARD OF MANAGERS OF THE 58-60 READE STREET CONDOMINIUM,
Defendant;
it is further
ORDERED that such service upon the County Clerk and the Clerk
of the General Clerk's Office shall be made in accordance with the
procedures set forth in the Protocol on Courthouse and County Clerk
Procedures for Electronically Filed Cases (accessible at the "E-
Filing" page on the court's website); it is further
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THE 58-60 READE STREET CONDOMINIUM ET AL
Motion No. 005
[* 4] 4 of 5
FILED: NEW YORK COUNTY CLERK 07/08/2025 04:43 PM INDEX NO. 153222/2023
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 07/08/2025
ORDERED that plaintiffs shall file a response to the
amended counterclaims, if any, within thirty days such service;
and it is further
ORDERED that the parties shall appear for a status
conference in Part 42M, Courtroom 574, 111 Centre Street on
November 10, 2025 at 11:30 AM.
THIS CONSTITUES THE DECISION AND ORDER OF THE COURT.
07/07/2025
DATE
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED □ DENIED GRANTED IN PART □ OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
153222/2023 SARASOTA DEVELOPMENT CO., LLC ET AL vs. THE BOARD OF MANAGERS OF Page 5 of 5
THE 58-60 READE STREET CONDOMINIUM ET AL
Motion No. 005
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