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SIEGMUND STRAUSS v. E. 149TH

No. 162.

20 N.Y.3d 37 (2012)

980 N.E.2d 483

956 N.Y.S.2d 435

2012 NY Slip Op 7048

SIEGMUND STRAUSS, INC., Respondent, v. EAST 149TH REALTY CORP., Defendant, WINDSOR BRANDS, LTD., et al., Appellants.

Court of Appeals of New York.

Decided October 23, 2012.

Attorney(s) appearing for the Case

Mischel & Horn, PC., New York City ( Scott T. Horn and Naomi M. Taub of counsel), for appellants.

LeClairRyan, New York City ( Barry A. Cozier and Ralph Berman of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

The primary question in this commercial dispute involving, among other things, the right to a leasehold to certain commercial property, is whether, pursuant to the "necessarily affects" requirement (CPLR 5501 [a] [1]), defendants' appeal to the Appellate Division from a judgment declaring plaintiff Siegmund Strauss, Inc. (Strauss) the lawful tenant of the subject property brought...

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