Ronbet 366 LLC v. Tobias

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about September 9, 2002, which, to the extent appealed from, denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, with costs.

Following a rent payment default by plaintiff landlord’s tenant, plaintiff instituted this action to recover the unpaid rent from defendant Tobias, a principal of the tenant. The action against Tobias is premised upon a lease modification agree*603ment, executed twice by Tobias: once on behalf of the tenant and once to signify his personal…