23 E. 39th St. Mgt. Corp. v 23 E. 39th St. Dev., LLC (2011 NY Slip Op
51390(U))
[*1]
23 E. 39th St. Mgt. Corp. v 23 E. 39th St. Dev., LLC
2011 NY Slip Op 51390(U) [32 Misc 3d 1222(A)]
Decided on June 21, 2011
Supreme Court, New York County
Ling-Cohan, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on June 21, 2011
Supreme Court, New York County
23 East 39th Street
Management Corporation, Plaintiff,
against
23 East 39th Street Developer, LLC, BRUCE BENJAMIN, MOUSSA
YEROUSHALAMI, and FARZANEH YEROUSHALAMI, Defendants.
117303/08
ATTORNEY FOR THE PLAINTIFF :
Firm: A. BERNARD FRECHTMAN
Address : 305 BROADWAY, 14TH FLR
NEW YORK, NY
10007
Email :
Phone : 212-580-7402
Fax:
ATTORNEY FOR THE DEFENDANTS :
Firm: JAMES O. GUY
Address : 49 SPICE MILL BLVD.
CLIFTON PARK, NY
12065
Email :
Phone : 518-320-7136
Fax:
Doris Ling-Cohan, J.
Plaintiff 23 East 39th Street Management Corporation moves: (1) for
summary judgment in its favor, pursuant to CPLR 3212; (2) to dismiss all counterclaims in this
action against it; and (3) to amend the caption of this action, pursuant to CPLR 3025(b), to
change the name of [*2]defendant Bruce Benjamin to "Bruce
Benjamin a/k/a Behrouz Benaminpuur a/k/a Bruce Benaminpour." Counterclaim-defendant Allen
Gutterman ("Gutterman") also moves to dismiss all counterclaims in this action against him.
The underlying facts are as follows. In October 2007, plaintiff sold the building it owned at
23 East 39th Street, New York, New York to defendant 23 East 39th Street Developer, LLC
("Developer"). Subsequent to the sale of the premises, plaintiff remained in occupancy of the