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CRP/CAPSTONE 14W PROP. OWNER, LLC v. BEHMAN HAMBLETON LLP

10918, 114140/11.

110 A.D.3d 628 (2013)

973 N.Y.S.2d 920

2013 NY Slip Op 6998

CRP/CAPSTONE 14W PROPERTY OWNER, LLC, Respondent, v. BEHMAN HAMBLETON LLP, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 29, 2013.

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

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