Teperman v 1411 IC-SIC Prop. LLC

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Teperman v 1411 IC-SIC Prop. LLC 2023 NY Slip Op 33768(U) October 24, 2023 Supreme Court, New York County Docket Number: Index No. 158126/2022 Judge: Mary V. Rosado 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. INDEX NO. 158126/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/24/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MARY V. ROSADO PART 33M Justice -------------------X YORY TEPERMAN INDEX NO. MOTION DATE 158126/2022 05/16/2023 Plaintiff, 001 MOTION SEQ. NO. • V. DECISION + ORDER ON MOTION 141 1 IC-SIC PROPERTY LLC, Defendant. ---------------------------·····-·-·-·--·-- - - - - - - - - X The following e-filed documents, listed by NYSCEF document number (Motion 001) 14, 15, 16, 17. 18. 19, 20 were read on this motion to/for AMEND CAPTION/PLEADINGS Upon the foregoing documents, PlaintiffYory Tcppcrman's ("Plainti ff') motion for an Order amending the caption and Complaint herein to include Hines Interests Limited Pa1tnershi p ("Hines") as an additional defendant, is granted. Leave to amend pleadings is freely granted in the absence of prejudice if the proposed amendment is not palpably insuflicient as a matter of Jaw (lvfashinksy " Drescher, 188 AD3d 465 [ Ist Dept 2020)). A party opposing a motion to amend must demonstrate that it would be substantially prej udiced by the amendment, or the amendments arc patently devoid of merit (Greenburgh Eleven Union Free School Dist. V National Union Fire Ins. Co., 298 AD2d 180, 181 [1st Dept 20021). Delay alone is not suilicient to deny leave to an1cnd (Johnson v Montejiore Medical Center, 203 AD3d 462 [1st Dept 20221). Here, Defendant 141 l IC-SIC Property LLC (" 14 11") does not oppose Plainti!Ts motion seeking to add Hines as a direct Defendant, and no party has shovm how they might be prejudiced by allowing Plainti ff to amend the caption and Complaint. Therefore, under this 158126/2022 TEPERMAN, YORY vs. 141 1 IC-SIC PROPERTY LLC Motion No. 001 [* 1] 1 of 4 Page 1 of 4 INDEX NO. 158126/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/24/2023 lenient standard, Plaintiff's motion to amend the caption and Complaint herein to include I lines as an addi ti onal defendant is granted. Paragraph 10 ofPJaintill's Affirmation in Suppo11 requests "that attorneys for Defendnnt, 141 1 IC-SIC Property LLC accept service on behalf' of Hines (NYSCEf' Doc. 15 al ill 0). Derendant 1411 opposes "that part of Plaintiff's motion requesting that 1411 accept service on behalf of the proposed newly added Defendant, Hinest (>lYSCEF Ooc. 20 at 4) asserting that their office "does not represent Hines nor is it an authorized agent for service on behalf of I lines" (N YSCEF Doc. 20 at il6). Pursuant to CPLR 305(a), where ··a new party is joined in the action and the joinder is not made upon the new party's motion, a supplemental summons specifying the pleading which the new party must answer shall be filed with the clerk of the court and served upon such party." Pursuant to CPLR 311, such service upon a corporation shall be made hy delivering the summons "to an officer, director, managing or general agent, or cashier or assistant cashier or lo any other agent authorized by appointment or by law to receive service." As Plaintiff has provided the Court with no evidence that 1411 is an agent authorized by law to accept service on behalf of Hines, Plaintiff's motion is denied to the exteut it seeks to compel 141 1 10 accept service on behalf ofl lines. Accordingly, it is hereby, ORDERED that Plaintiff Yory Tcppcrman's motion for an Order amending the caption and Complaint herein to include Hines Interests Limited Partnership as an additional defendant. is granted; and it is further OR OF.RED that the amended complaint in the proposed lcmn annexed as Exhihit C to Plaintil'l's mov ing papers (N YSCF.F Doc. 18) shall be deemed se rved upon Defendan t, 14 11 IC- 158126/2022 TEPERMAN, YORY vs. 1411 IC-SIC PROPERTY LLC Motion No. 001 [* 2] 2 of 4 Pago 2 ol 4 INDEX NO. 158126/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/24/2023 SIC Property LLC upon service of a copy of this Order with notice of' entry thereof; and it is further ORDERED that Plaintiff shall serve the newly added defendant, Hines Interests Limited Partnership pursuant to the directives of the CPLR; and it is further ORDERED that the Defendant Hines interests Limited Partnership shall serve an answer to the Amended Complaint or otherwise respond thereto withi n 20 days from the date of said service; and it is further OROERED that this action shall bear the following caption: SUPREYfE COCRT OF TIIE STATE OF NEW YORK COUI\TY OF l\EW YORK -------------------------------------------------------------------X YORY TEPPERMAN Plaintiff -against1411 JC-S IC PR OPERTY LLC and HINES INTERESTS L L\11TED PARTNERSHIP, Defendants. ----------------------------------------------------------------X And it is further; ORDEREO that on or before November 7, 2023, the parties shall submit a proposed Compliance Conference Order via e-mail to SFC-Pa1133-Clcrk@nycourls.l!ov. If the parties arc unable to agree lo a proposed Compliance Conference Order, the parties arc directed 10 appear for an in-person compliance conference on November 8, 2023 al 9 :30 a.m. in Room 442, 60 Centre Street. New York, New York; and it is further 158126/2022 TEPERMAN. YORY vs . 1411 IC-SIC PROPERTY LLC Motion No. 001 [* 3] 3 of 4 Page 3 of 4 INDEX NO. 158126/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/24/2023 ORDERED that within 10 days of entry, counsel for Plaintiff Yory Teppcrman shall serve a copy of this order with notice of entry on all panies to thi s action: and it is funher ORDERED that the Clerk of the Court is directed 10 enter judgment accordingly. This constitutes the Decision and Order of the Coun. 10124/2023 DATE CHECK ONE: HON . M RY V. ROSADO, J.S.C. NON-FINAL DISPOSITION CASe DISPOSED GRANTED DENIED APPUCATK>N: SETTI.EORDER SUBMIT ORDER CHECK IF APPROPRlATE: INCLUDES TRANSFEJIIREASSIGN ADUCIAAV APPOINTMENT 158126/2022 TEPERMAN, YORY v s. 1411 IC-SIC PROPERTY LLC Motion No. 001 [* 4] GRANTED IN P A.RT 4 of 4 OTHER REFERENCE Paga- 4 of 4

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