Defendants appeal from an order of the Civil Court, New York County (Eileen N. Nadelson, J.), entered January 21, 2003, which denied their motion for summary judgment dismissing the complaint as against the Kametler defendants.

PER CURIAM:

Order (Eileen N. Nadelson, J.), entered January 21, 2003, affirmed, with $10 costs.

The action, stemming from the plaintiffs' summer, weekend rental of a Westhampton, Long Island residence, is not susceptible to summary dismissal. The thin record so far developed raises numerous triable issues concerning the potential liability of the Kametler defendants — the owners of the residential property - for the plaintiffs' ouster from the premises and the removal of their belongings. Among those issues are the nature of the business relationship between the various defendants, the involvement, if any, of the Kametler defendants in the "Bed & Breakfast" entity identified in the rental receipt issued by defendant Meyer, and whether, and to what extent, the Kametler defendants assented to or participated in the wrongful conduct alleged by plaintiffs. We note that to the extent plaintiffs seek damages from the Kametler defendants for wrongful eviction as opposed to breach of lease, no showing of contractual privity need be made (see RPAPL 853 [action available "against the wrong-doer"]).
This constitutes the decision and order of the Court. [*2]
Decision Date: April 4, 2006