Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion:Papers NumberedNotice of Motion and Cross-Motion, Affidavits/Affirmations/Memos of Law annexed 1, 2Opposition Affidavits/Affirmations and Memo of Law annexed 3, 4Reply Affidavits/Affirmations/Memos of Law annexed 5DECISION/ORDER
*1 Plaintiff May Asher (“Plaintiff”) brought this action against Defendants 101 West 78th, LLC (“101 West”) and Mark Rishe (“Rishe”) (collectively “Defendants”) for damages seeking compensatory damages, treble damages, injunctive and declaratory relief. Plaintiff is in her 80′s and resides as a rent controlled tenant in an apartment located in a building owned by 101 West. 101 West is the named sponsor of an offering of condominiums in the building. Rishe is the former managing director of First Service Residential New York, Inc. (“First Service”), which is the managing agent of the building. Plaintiff alleges in substance that she was wrongfully evicted, intimidated, threatened and harassed when she was forced to temporarily relocate while construction work was being performed in her apartment and in other areas of the building.Defendants move to dismiss Plaintiff’s complaint against Rishe, pursuant to CPLR 308, 3211(a)(8) and 3211(e), for lack of personal jurisdiction and pursuant to CPLR 3212 because Rishe acted as a disclosed agent of 101 West and he has no personal liability for Plaintiff’s alleged causes of action. Defendants also move for summary judgment dismissal of each cause of action alleged in Plaintiff’s complaint. Plaintiff opposes Defendants’ motion and cross-moves to extend the time to serve Rishe and to amend the caption. Defendants oppose Plaintiff’s cross-motion. For the reasons set forth herein, the court grants Defendants’ motion to dismiss Plaintiff’s complaint against Rishe for lack of personal jurisdiction and for summary judgment in favor of both Defendants. As such, Plaintiff’s complaint is dismissed against both Defendants and Plaintiff’s cross-motion is denied.
