C. E. Hooper, Inc. v. Perlberg

Order, Supreme Court, New York County, entered March 2, 1979, denying defendant’s motion to dismiss the fifth cause of action, unanimously reversed, on the law, with costs and disbursements, and the motion granted. In the exercise of discretion such dismissal is granted without prejudice to an application by plaintiff at Special Term for leave to replead. Neither defendant nor the successor partnership of which he became a general partner five and one-half years after its execution ever signed the lease in question. It is uncontroverted that six months before the tenant’s default in *688the…