This decision involved a defendant’s motion pursuant to CPLR §3211(a)(1) and (7) to dismiss a complaint which had been filed by “two parents, suing on their own and their children’s behalf (plaintiffs).”

The plaintiffs had purchased a co-op apartment from a nonparty cooperative corporation (co-op). That plaintiffs commenced occupancy in November 2021. The defendant lived in an apartment directly below the plaintiffs.