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WADSWORTH CONDOS, LLC v. DOLLINGER GONSKI & GROSSMAN

11710, 600899/09

114 A.D.3d 487 (2014)

980 N.Y.S.2d 411

2014 NY Slip Op 930

WADSWORTH CONDOS, LLC, Individually and Derivatively on Behalf of WADSWORTH CONDOS, LLC and 43 PARK OWNERS GROUP, LLC, Respondent, v. DOLLINGER GONSKI & GROSSMAN et al., Appellants, et al., Defendants.

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

Decided February 13, 2014.

Order, Supreme Court, New York County (Louis B. York, J.), entered January 25, 2013, which, insofar as appealed from, denied the Dollinger defendants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.

Defendants preserved the defense that plaintiff lacked the capacity to sue derivatively on behalf of its cotenant-in-common by asserting the defense in their answer (see CPLR 3211 [a] [3]; [e]; see also...

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