FAN-DORF PROPERTIES, INC. plf-ap, v. CLASSIC BROWNSTONES UNLIMITED, LLC def-res, 15 WEST 129TH STREET CORP., def, Law Office of Craig K. Tyson, New York (Craig K. Tyson of counsel), for ap

1626. FAN-DORF PROPERTIES, INC. plf-ap, v. CLASSIC BROWNSTONES UNLIMITED, LLC def-res, 15 WEST 129TH STREET CORP., def, Law Office of Craig K. Tyson, New York (Craig K. Tyson of counsel), for ap — Herrick Feinstein LLP, New York (Arthur G. Jakoby of counsel), for Classic Brownstone Unlimited, LLC, res — Ganfer & Shore, LLP, New York (Mark A. Berman and Virginia K. Trunkes of counsel), for Cathay Bank, res — Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 7, 2015, which denied plaintiffs' motion for leave to renew defendant Cathay Bank's CPLR 3211(a) (3) motion to dismiss the complaint for lack of capacity to sue, unanimously reversed, on the law, without costs, the motion to renew granted, and, upon renewal, the motion to dismiss denied.

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1626. FAN-DORF PROPERTIES, INC. plf-ap, v. CLASSIC BROWNSTONES UNLIMITED, LLC def-res, 15 WEST 129TH STREET CORP., def, Law Office of Craig K. Tyson, New York (Craig K. Tyson of counsel), for ap — Herrick Feinstein LLP, New York (Arthur G. Jakoby of counsel), for Classic Brownstone Unlimited, LLC, res — Ganfer & Shore, LLP, New York (Mark A. Berman and Virginia K. Trunkes of counsel), for Cathay Bank, res — Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 7, 2015, which denied plaintiffs’ motion for leave to renew defendant Cathay Bank’s CPLR 3211(a) (3) motion to dismiss the complaint for lack of capacity to sue, unanimously reversed, on the law, without costs, the motion to renew granted, and, upon renewal, the motion to dismiss denied.

In 1974, plaintiff Fan-Dorf Properties, Inc. (Fan-Dorf) acquired title to the property located at 15 West 129th Street. In 1993, Fan-Dorf was dissolved by proclamation of the Secretary of State for failure to pay New York State franchise taxes, pursuant to Tax Law §203-a. In 1999, its owner, Randolph Adamson, passed away. In October 2000, a deed was recorded transferring the property to defendant 15 West 129th Street Corp. (15 West). Between 2001 and 2006, the property was transferred several times, with defendant Classic Brownstones Unlimited, LLC (Classic) being the most recent owner. Defendant Cathay Bank holds two mortgages totaling about $900,000, pursuant to mortgage loans to Classic. Fan-Dorf and plaintiff Michael Adamson as administrator of Randolph Adamson’s estate claim that the October 2000 deed transferring the property was forged.

FAN-DORF PROPERTIES, INC. plf-ap, v. CLASSIC BROWNSTONES UNLIMITED, LLC def-res, 15 WEST 129TH STREET CORP., def, Law Office of Craig K. Tyson, New York (Craig K. Tyson of counsel), for ap

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