In a September 9, 2021 Order, the Court of Appeals denied leave to plaintiff-appellant, Adam Plotch, to appeal dismissal of claims he asserted against a cooperative apartment corporation and its managing agent premised upon their having declined to consent to his purchase of an apartment at a foreclosure auction. Maria and Tracy successfully opposed the motion for leave to appeal, allowing to stand a First Department decision, consistent with long-standing precedent that a prospective purchaser may not enforce the terms of a proprietary lease to which he is not a party.
In a September 14, 2021 Order, the Court of Appeals denied leave to plaintiff-appellant, Frank Mazzocchi, to appeal dismissal of claims asserted against a member of a board of directors of a cooperative apartment corporation and the cooperative’s managing agent, both of whom happen to be attorneys. Mr. Mazzocchi asserted a Judiciary Law §487(1) claim against these individuals, which was dismissed because neither individual was acting in his or her capacity as an attorney when engaged in the acts forming the basis of Mr. Mazzocchi’s complaint. Tracy successfully opposed the motion for leave to appeal, allowing the dismissal to stand.