Richthofen v. Family M. Foundation Ltd.

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered June 19, 2006, which, to the extent appealed from as limited by the briefs, granted the cross motion of defendant Libby Manus for summary judgment dismissing the complaint, and denied the motion by nonparty Ninotchka Manus for an order substituting her as plaintiff in the action, unanimously reversed, on the law, without costs, Libby’s motion denied, the complaint reinstated, and Ninotchka’s motion to be substituted as party plaintiff granted.

This action seeks a declaratory judgment that plaintiff owned two thirds of a…