Opinion
Index No. 158126/2022
11-08-2023
YORY TEPERMAN Plaintiff, v. 1411 IC-SIC PROPERTY LLC, Defendant,
Unpublished Opinion
MOTION DA TE 05/16/2023
PRESENT: HON. MARY V. ROSADO, Justice
DECISION+ ORDER ON MOTION (AMENDED)
MARY V. ROSADO, J.S.C.
The following e-filed documents, listed by NYSCEF document number (Motion 001) 14. 15. 16. 17, 18, 19.20 were read on this motion to/for AMEND CAPTION/PLEADINGS
Upon the foregoing documents. Plaintiff Yory Teperman's ("Plaintiff') motion for an Order amending the caption and Complaint herein to include Hines Interests Limited Partnership ("Hines") as an additional defendant and compel counsel for Defendant 1411 IC-SIC Property LLC ("1411") to accept service on behalf of Hines, is granted in part and denied in part.
Leave to amend pleadings is freely granted in the absence of prejudice if the proposed amendment is not palpably insufficient as a matter of law (Mashinksy v Drescher. 188 A.D.3d 465 [1st Dept 20201). A party opposing a motion to amend must demonstrate that it would be substantially prejudiced by the amendment, or the amendments arc patently devoid of merit (Creenburgh Eleven Union Free School Dist. V National Union Fire Ins. Co., 298 A.D.2d 180, 181 [1st Dept 2002]). Delay alone is not sufficient to deny leave to amend (Johnson v Montefiore Medical Center, 203 A.D.3d 462 [1st Dept 2022]), Here, Defendant 1411 does not oppose Plaintiffs motion seeking to add Hines as a direct Defendant, and no party has shown how they might be prejudiced by allowing Plaintiff to amend the caption and Complaint. Therefore, under this lenient standard, Plaintiffs motion to amend the caption and Complaint herein to include Hines as an additional defendant is granted.
Paragraph 10 of Plaintiff s Affirmation in Support requests "that attorneys for Defendant, 1411 IC-SIC Property LLC accept service on behalf' of Hines (NYSCEF Doc. 15 at ¶10). Defendant 1411 opposes "that part of Plaintiffs motion requesting that 1411 accept service on behalf of the proposed newly added Defendant, Hines," (NYSCEF Doc. 20 at ¶4) asserting that their office "does not represent Hines nor is it an authorized agent for service on behalf of Hines" (NYSCEF Doc. 20 at ¶ 6). Pursuant to CPLR 305(a), where "a new party is joined in the action and the joinder is not made upon the new party's motion, a supplemental summons specifying the pleading which the new party must answer shall be filed with the clerk of the court and served upon such party." Pursuant to CPLR 311, such service upon a corporation shall be made by delivering the summons "to an officer, director, managing or general agent, or cashier or assistant cashier or to any other agent authorized by appointment or by law to receive service." As Plaintiff has provided the Court with no evidence that 1411 is an agent authorized by law to accept service on behalf of Hines. Plaintiffs motion is denied to the extent it seeks to compel 1411 to accept service on behalf of Hines.
Accordingly, it is hereby, ORDERED that Plaintiff Yory Teperman's motion for an Order amending the caption and Complaint herein to include Hines Interests Limited Partnership as an additional defendant, is granted; and it is further
ORDERED that the amended complaint in the proposed form annexed as Exhibit C to Plaintiffs moving papers (NYSCEF Doc. 18) shall be deemed served upon Defendant, 1411 IC-SIC Property LLC upon service of a copy of this Order with notice of entry thereof; and it is further
ORDERED that Plaintiff shall serve the newly added defendant. Hines Interests Limited Partnership pursuant to the directives of the CPLR; and it is further
ORDER ED that the Defendant Hines Interests Limited Partnership shah serve an answer to the Amended Complaint or otherwise respond thereto within 20 days from the date of said service; and it is further
ORDERED that this action shall bear the following caption:
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
YORY TEPERMAN Plaintiff
against
1411 IC-SIC PROPERT Y LLC and HINES INTERESTS LIMITED PARTNERSHIP, Defendants.
And it is further;
ORDERED that within 10 days of entry. counsel for Plaintiff Yory Teperman shall serve a copy of this order with notice of entry on all parties to this action; and it is further
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ORDERED that the Clerk of the Court is directed to enter judgment accordingly, This constitutes the Decision and Order of the Court.