PETER CASANAS plf-res, v. THE CARLEI GROUP, LLC def-ap

9821. PETER CASANAS plf-res, v. THE CARLEI GROUP, LLC def-ap — Rosenberg & Estis, P.C., New York (Alexander Lycoyannis of counsel), for ap — Profeta & Eisenstein, New York (Jethro M. Eisenstein of counsel), for res — Order, Supreme Court, New York County (Donna M. Mills, J.), entered December 27, 2012, which, inter alia, denied defendants' motion to dismiss the action as against Richard Casanas, denied defendants' motion to cancel a notice of pendency filed by plaintiffs, and granted plaintiffs' cross motion to compel compliance with much of their first request for production of documents, unanimously affirmed, with costs.

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9821. PETER CASANAS plf-res, v. THE CARLEI GROUP, LLC def-ap — Rosenberg & Estis, P.C., New York (Alexander Lycoyannis of counsel), for ap — Profeta & Eisenstein, New York (Jethro M. Eisenstein of counsel), for res — Order, Supreme Court, New York County (Donna M. Mills, J.), entered December 27, 2012, which, inter alia, denied defendants’ motion to dismiss the action as against Richard Casanas, denied defendants’ motion to cancel a notice of pendency filed by plaintiffs, and granted plaintiffs’ cross motion to compel compliance with much of their first request for production of documents, unanimously affirmed, with costs.

In this declaratory judgment action concerning the lease for apartments 3W and 3C (the apartments) at 73 West 82nd Street in Manhattan (the building), the record shows that defendant Carlei Group LLC paid nothing to acquire the subject building from its former owner, Aleida Realty Corp. Aleida Casanas, the mother of defendant Richard Casanas and plaintiff Peter Casanas, signed the purported transfer of title for both Aleida Realty, the seller, and Carlei, the buyer. The record also shows that Aleida Casanas was immediately replaced as manager of Carlei by Richard Casanas, who has since had complete control of Carlei. Thus, plaintiffs joined Richard Casanas as a defendant to insure that he is collaterally estopped by the judgment in this case from further conveying the property or contesting the validity of their leases. To achieve that result, he must be a party (see Gramatan Home Invs. Corp. v. Lopez, 46 NY2d 481, 485-486 [1979]).

PETER CASANAS plf-res, v. THE CARLEI GROUP, LLC def-ap

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