MARKHAM GARDENS v. 511 9TH

026709-09.

38 Misc.3d 325 (2012)

954 N.Y.S.2d 811

2012 NY Slip Op 22326

MARKHAM GARDENS L.P., as Assignee of Vista Developers Corporation, Plaintiff, v. 511 9TH LLC et al., Defendants.

Supreme Court, Nassau County.

September 10, 2012.


Attorney(s) appearing for the Case

Rosenberg, Calica & Birney, LLP, Garden City ( Robert M. Calica of counsel), for plaintiff.

Kaye Scholer, LLP, New York City ( Aaron Rubinstein of counsel), for PB Capital Corporation, defendant.

Richard J. Migliaccio , New York City, for 511 9th LLC and others, defendants.


OPINION OF THE COURT

VITO M. DESTEFANO, J.

Markham Gardens L.P. (Markham) moves for an order pursuant to CPLR 3212 granting it summary judgment or, in the alternative, pursuant to CPLR 3025 (b) granting it leave to amend the complaint. Defendant PB Capital Corporation (PB Capital) cross-moves for summary judgment dismissing the complaint insofar as asserted against it.

For the reasons that follow, the motion is denied and the cross motion is granted...

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