558 SEVENTH AVE CORP v. LLC (2024)

Supreme Court, Appellate Division, First Department, New York.

558 SEVENTH AVE. CORP., et al., Plaintiffs–Respondents, v. PKNY IV, LLC, et al., Defendants, Grab & Go Convenience LLC, et al., Defendants–Appellants.

2627

Decided: September 26, 2024

Manzanet–Daniels, J.P., Friedman, Kapnick, Shulman, Pitt–Burke, JJ.

Doyle & Broumand, LLP, Bronx (Heddyeh Broumand of counsel), for appellants. Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York (Paul N. Gruber of counsel), for respondents.

Judgment, Supreme Court, New York County (Eric B. Schumacher, J.), entered April 1, 2024, in favor of plaintiffs, and against defendants, jointly and severally, in the aggregate amount of $420,498.60, unanimously affirmed, with costs.

Defendants’ arguments as to the lack of a certificate of occupancy, Sohail's personal liability, and the amount of use and occupancy, are all precluded by the decision and order in a prior action between the parties (PKNY IV, LLC v. 558 Seventh Avenue Corp., et al., index No. 651113/20, 2020 WL 6041393 [Sup. Ct., N.Y. County Oct. 8, 2020]; see Simmons v. Trans Express Inc., 37 N.Y.3d 107, 111, 148 N.Y.S.3d 178, 170 N.E.3d 733 [2021]).

Furthermore, defendant Sohail was not immune from liability. Although he is a member of defendant Grab & Go, he was held personally liable for his actions, including his actual use and control of the premises (see Turane v. MGN, LLC, 171 A.D.3d 835, 836, 97 N.Y.S.3d 168 [2d Dept. 2019]).

We have considered defendants’ remaining contentions and find them unavailing.

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