Legal Opinion

Lehr Associates Consulting Engineers, LLP v. Daikin AC (Americas) Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 24, 2015No. 651369/13 16206 16205PublishedCited by 1 opinion

1Opinion of the Court

Orders, Supreme Court, New York County (Eileen Bransten, J.), entered April 15, 2014, which granted defendants’ motions to dismiss the complaint pursuant to CPLR 3211 (a) (3) and (7), unanimously affirmed, with costs.

Plaintiff has no standing to maintain this suit, because after it assigned its claims against defendants to nonparty Timber Falls Foundation, it was “no longer the real party in interest” (see James McKinney & Son v Lake Placid 1980 Olympic Games, 61 NY2d 836, 838 [1984]).

It would not avail plaintiff to amend the complaint to substitute Timber Falls as the plaintiff (see MK W.…

2Cases cited10 opinions

Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
Board of Education v. Sargent, Webster, Crenshaw & FolleyNew York Court of Appeals · 1987
Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985
Trustees of Columbia University v. Mitchell/Giurgola AssociatesAppellate Division of the Supreme Court of the State of New York · 1985
17 Vista Fee Associates v. Teachers Insurance & Annuity Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1999

5 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Buckingham Properties, LLC v. Atlantic Casualty Insurance CompanyDistrict Court, W.D. New York · 2020