Penna, Inc. v. Ruben

Order, Supreme Court, New York County (Richard F. Braun, J.), entered on or about September 25, 2009, which granted defendants’ motion to dismiss the complaint to the extent of dismissing it as against defendant Lenore Ruben and denied it as to the remaining defendants, unanimously modified, on the law, the motion denied as to Ruben, and the complaint reinstated as against her, and otherwise affirmed, without costs.

Although the allegations in the complaint constitute a formal *524judicial admission that plaintiff engaged in construction and carpentry services for defendant Ruben, a homeowner (see…