| Bullock v Alhadeff |
| 2015 NY Slip Op 03940 [128 AD3d 451] |
| May 7, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Janna Bullock, Appellant, v Giancarlo Alhadeff, Respondent. |
Law Offices of Stuart A. Smith, New York (Stuart A. Smith of counsel), for appellant.
Domenick J. Porco, Scarsdale, for respondent.
Order, Supreme Court, New York County (Eileen Bransten, J.), entered November 21, 2013, which denied plaintiff's motion to dismiss the breach of contract counterclaims for lack of standing, unanimously affirmed, without costs.
On this CPLR 3211 motion, the court correctly concluded that, liberally construed, the counterclaims for breach of contract do not demonstrate conclusively that defendant was not a party to the contracts at issue and therefore has no standing to sue on them.
We have considered all other issues raised and find them unavailing. Concur—Friedman, J.P., Acosta, Richter and Gische, JJ.