Capin & Associates, Inc. v. 599 West 188th Street Inc.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered March 18, 2015, which, to the extent appealed from as limited by the briefs, denied defendants PR 599 West 188 LLC, Nathaniel Rahav, Joan Price and Michael Rahav’s (collectively, the Rahav defendants) motion to dismiss the ninth and tenth causes of action as against them, unanimously modified, on the law, to grant the motion as to the ninth cause of action, and otherwise affirmed, without costs.

With respect to the allegations of the tenth cause of action that defendants “tortiously conspired together to defeat the…