by a Special Referee in accordance with CPLR 4317(b), as detailed below.
Plaintiff's Motion to Amend the Caption
Plaintiff also moves to amend the caption of this action to change the name of
defendant Bruce Benjamin to "Bruce Benjamin a/k/a Behrouz Benaminpour a/k/a Bruce
Benaminpour," pursuant to CPLR 3025(b). CPLR 3025(b) provides that: "Leave shall be freely
given upon such terms as may be just." As defendants have not submitted opposition on this
branch of the motion, it is granted.
Accordingly, it is
ORDERED that plaintiff's motion for summary judgment is granted in its favor only to the
extent as against defendant 23 East 39th Street Developer, LLC on its first cause of action for
conversion, in the sum of $115,944.19, the amount sought in the complaint, with interest at the
statutory rate from October 9, 2007, as calculated by the Clerk; and it is further
ORDERED that summary judgment is granted to defendant 23 East 39th Street Developer,
LLC in its favor on its counterclaim against plaintiff and counterclaim-defendant Allen [*8]Gutterman for rent and additional rents due from the month of May
2008 through January 15, 2009, in an amount to be heard and determined by a Special Referee in
accordance with CPLR 4317(b)[FN4], together with interest, costs and disbursements;
and it is further
ORDERED that plaintiff's motion to amend the caption of this case to change the name of
one of the defendants is granted. The amended caption shall read as follows:
————————————
1;————————————&#
151;———-
x
23 East 39th Street Management Corporation,
Plaintiff,
- against -
23 East 39th Street Developer, LLC, Bruce
Benjamin a/k/a Behrouz Benaminpour a/k/a
Bruce Benaminpour, Moussa Yeroushalami,
and Farzaneh Yeroushalami,
Defendants.
————————————
1;————————————&#