CRP/Capstone 14W Prop. Owner, LLC v Behman Hambleton LLP

CRP/Capstone 14W Prop. Owner, LLC v Behman Hambleton LLP 2013 NY Slip Op 06998 Decided on October 29, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 29, 2013
Friedman, J.P., Sweeny, Acosta, Manzanet-Daniels, JJ.
10918 114140/11

[*1]CRP/Capstone 14W Property Owner, LLC, Plaintiff-Respondent,

v

Behman Hambleton LLP, Defendant-Appellant, Gibson & Behman P.C., Defendant.




Behman Hambleton, LLP, New York (Phillip Lagana of
counsel), for appellant.
Heiberger & Associates, P.C., New York (Ricardo Vasquez of
counsel), for respondent.

Order, Supreme Court, New York County (Donna M. Mills, J.), entered on or about May 2, 2012, which denied defendant Behman Hambleton LLP's (Behman) motion to dismiss the complaint, unanimously affirmed, without costs.

Because the complaint clearly alleged that Behman was in privity of estate with the leased premises (Howard Stores Corp. v Robison Rayon Co., 64 Misc 2d 913, 915 [App Term, 1st Dept 1970], affd 36 AD2d 911 [1st Dept 1971]) and because the complaint, read generously, alleged that the entire business of the signatory to the lease, defendant Gibson & Behman P.C., was now carried on by Behman, the IAS court correctly held that the motion to dismiss should be denied (cf. Wells v Ronning, 269 AD2d 690, 692-693 [3d Dept 2000]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 29, 2013

CLERK