CRP/Capstone 14W Prop. Owner, LLC v Behman Hambleton LLP
2013 NY Slip Op 06998 [110 AD3d 628]
October 29, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


CRP/Capstone 14W Property Owner, LLC, Respondent,
v
Behman Hambleton LLP, Appellant, et al., Defendant.

[*1] 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]). Concur—Friedman, J.P., Sweeny, Acosta and Manzanet-Daniels, JJ.