Opinion
No. 570105/12.
2013-02-21
875 WEST 181 OWNERS CORP., Petitioner–Respondent, v. KB GALLERY, LLC, Respondent, and Wiggles and Giggles Playhouse, Inc., John Doe and Jane Doe, Respondents–Undertenants.
Nonparty intervenor 875 Riverview Realty, LLC appeals from an order of the Civil Court of the City of New York, New York County (Andrea Masley, J.), dated May 17, 2011, which granted petitioner's motion to strike intervenor's answer.
Present: SHULMAN, J.P., HUNTER, JR., TORRES, JJ.
PER CURIAM.
Order (Andrea Masley, J.), dated May 17, 2011, affirmed, with $10 costs.
Appellant-intervenor had no enforceable possessory interest in the “professional apartment” here at issue, it being undisputed that the governing lease agreement for the subject premises—to which appellant was neither a party nor signatory—was terminated in December 2009 ( see KB Gallery, LLC v. 875 W. 181 Owners Corp., 76 A.D.3d 909 [2010] ), prior to the putative November 2010 lease assignment in appellant's favor. Given this chronology, the assignor “had nothing to assign, and the [appellant] took nothing under the purported assignment” (Pittsburgh Amusement Co. v. Ferguson, 115 App.Div. 241, 246 [1906],affd193 N.Y. 635 [1908] ).
I concur I concur I concur.