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HERRERA v. HIGHGATE HOTELS, L.P.

Index No. 151096/18E. Appeal No. 17300. Case No. 2022-01750.

213 A.D.3d 455 (2023)

183 N.Y.S.3d 392

2023 NY Slip Op 00729

Luis Herrera, Appellant, v. Highgate Hotels, L.P., et al., Defendants. Apple Hospitality Reit, Inc., et al., Third-Party Plaintiffs-Respondents, v. Subway Real Estate Corp., Third-Party Defendant-Respondent/Second Third-Party Plaintiff-Respondent. Bidhan Biswas et al., Second Third-Party Defendants-Respondents.

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

Decided February 9, 2023.

Attorney(s) appearing for the Case

The Sullivan Law Firm, New York ( James A. Domini of counsel), for appellant.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for Subway Real Estate Corp., respondent.

Law Offices of Brian Rayhill, New York ( Jennifer L. Coviello of counsel), for Bidhan Biswas and Nexus BDS, Inc., respondents.

Concur—Webber, J.P., Oing, González, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (Lewis J. Lubell, J.), entered on or about April 6, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's cross motion to amend the complaint to assert direct causes of action against third-party defendant Subway Real Estate Corp. (Subway) and second third-party defendants Bidhan Biswas and Nexus BDS, Inc. (together, the Nexus defendants), unanimously modified, on the law, to grant the cross motion as to...

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