Bullock v. Alhadeff

Full title: Janna Bullock, Plaintiff-Appellant, v. Giancarlo Alhadeff…

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: May 7, 2015

128 A.D.3d 451 (N.Y. App. Div. 2015)

2015 N.Y. Slip Op. 3940

6 N.Y.S.3d 484

Opinion

15043 653042/12

05-07-2015

Janna Bullock, Plaintiff-Appellant, v. Giancarlo Alhadeff, Defendant-Respondent.

Law Offices of Stuart A. Smith, New York (Stuart A. Smith of counsel), for appellant. Domenick J. Porco, Scarsdale, for respondent.

Friedman, J.P.

, Acosta, Richter, Gische, JJ.

Law Offices of Stuart A. Smith, New York (Stuart A. Smith of counsel), for appellant.

Domenick J. Porco, Scarsdale, for respondent.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered November 21, 2013, which denied plaintiff's motion to dismiss the breach of contract counterclaims for lack of standing, unanimously affirmed, without costs.

On this CPLR 3211 motion, the court correctly concluded that, liberally construed, the counterclaims for breach of contract do not demonstrate conclusively that defendant was not a party to the contracts at issue and therefore has no standing to sue on them.

We have considered all other issues raised and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 7, 2015

CLERK