| 875 W. 181 Owners Corp. v KB Gallery, LLC |
| 2013 NY Slip Op 50261(U) [38 Misc 3d 143(A)] |
| Decided on February 21, 2013 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Nonparty intervenor 875 Riverview Realty, LLC appeals from an order of the Civil
Court of the City of New York, New York County (Andrea Masley, J.), dated May 17,
2011, which granted petitioner's motion to strike intervenor's answer.
Per Curiam.
Order (Andrea Masley, J.), dated May 17, 2011, affirmed, with $10 costs.
Appellant-intervenor had no enforceable possessory interest in the "professional apartment" here at issue, it being undisputed that the governing lease agreement for the subject premises — to which appellant was neither a party nor signatory — was terminated in December 2009 (see KB Gallery, LLC v 875 W. 181 Owners Corp., 76 AD3d 909 [2010]), prior to the putative November 2010 lease assignment in appellant's favor. Given this chronology, the assignor "had nothing to assign, and the [appellant] took nothing under the purported assignment" (Pittsburgh Amusement Co. v Ferguson, 115 App Div 241, 246 [1906], affd 193 NY 635 [1908]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: February 21, 2013