| Borress & Borress LLC v CSJ LLC |
| 2006 NY Slip Op 01745 [27 AD3d 287] |
| March 14, 2006 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Borress & Borress LLC et al., Appellants, v CSJ LLC et al., Respondents. |
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Order, Supreme Court, New York County (Rolando T. Acosta, J.), entered June 29, 2005, which denied plaintiffs' motion for a preliminary injunction against defendants' conversion of commercial property to residential use, unanimously affirmed, with costs.
The subject building's form deed, required by the offering plan, is an incontrovertible official document filed with the Office of the City Register, but is nonetheless dehors the record (see Matter of O'Neill v Board of Zoning Appeals of Town of Harrison, 225 AD2d 782 [1996]) because it was not mentioned during motion practice (see e.g. Soho Plaza Corp. v Nationwide Mut. Ins. Co., 309 AD2d 504 [2003]). Even if judicial notice could be taken of such a document, plaintiffs have set forth no basis on which to disturb the IAS court's decision. The deed does not appear to contain any restriction on the condominium's ability to alter its nature, which would exist independently from the declaration and bylaws. In that regard, RPAPL 1951 is inapplicable.
Nor, as the IAS court found, does there appear to be any restriction in the declaration or bylaws warranting a modification, addition or deletion by 66
In any event, there is no necessity for injunctive relief here since damages provide an adequate remedy (see 1659 Ralph Ave. Laundromat Corp. v Ben David Enters., 307 AD2d 288 [2003]).[*2] Concur—Mazzarelli, J.P., Saxe, Friedman, Sullivan and Sweeny, JJ.