The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 39, 41, 42, 44 were read on this motion to/for DISMISS. The following e-filed documents, listed by NYSCEF document number (Motion 002) 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 36, 40, 43 were read on this motion to/for COMPEL ARBITRATION. DECISION + ORDER ON MOTION Upon the foregoing documents, the motions are decided as set forth below. The Plaintiff Stephen Soloway, MD, a New Jersey resident, is the owner of three hotel studio units at “The Dominick,” a condominium building at 246 Spring Street in Manhattan (Premises) (verified complaint 1 [NYSCEF Doc No. 1]). The Plaintiff alleges that, beginning in or about November 2017, Defendants The CIM Group (CIM) and 246 Spring Street (NY) Manager, LLC (246 Spring) “took over and assumed management, operation and control of the property, hotel, and its owner rental program…under certain written agreements [Defendants entered] with the Trump Organization and/or ‘Trump Soho’” (id. 2). The Plaintiff asserts three causes of action. The first is for the Defendants’ alleged breach of their duties as agents and fiduciaries of the Plaintiff (id. 24 et seq.). The second is for breach of implied contract, quasi contract, and the implied covenant of good faith and fair dealing (id. 34 et seq.). The third cause of action seeks an equitable accounting (id. 40 et seq.). The Defendants first move (Mtn. Seq. No. 1) to dismiss the complaint pursuant to CPLR 3211(a)(8) and 3013 with respect to CIM for lack of jurisdiction because The CIM Group allegedly does not exist and so could not have been served. The Plaintiff opposes and submits a cross motion for an order permitting the caption to be amended under CPLR 3025. In support, the Plaintiff submits copies of a summons and complaint and other litigation documents in a 2019 action filed in New York County Supreme Court captioned Lang v. Trump International Hotels Management, LLC (Index No. 157943/2019) relating to the Premises in which CIM was named as defendant “CIM Group, LP,” and notes that the Defendant answered in that name and did not plead that the name was incorrect (see NYSCEF Doc No 37 and exhibit 5 thereto [NYSCEF Doc No. 30]). Thus, any inadvertent technical error does not warrant dismissal and the Plaintiff’s cross motion for amendment of the caption to cure this misnaming of the Defendant is granted under CPLR 3025(c). The Defendants also seek dismissal with respect to CIM under CPLR 3013, based on Plaintiff’s alleged failure to identify the roles of 246 Spring and CIM and to differentiate their conduct. In his verified complaint, Plaintiff alleges that, despite his demands, he has not been made privy to whatever agreements govern operation of the Premises after the Trump International Hotels Management LLC (TIHM) was replaced as hotel manager in 2017. CPLR 3211(d) provides that a motion to dismiss can be denied where plaintiff submits affidavits showing that facts essential to justify opposition may exist but cannot then be stated. Plaintiff made such averments in his verified pleading (see NYSCEF Doc No. 1,
