BRENER LEWIS MANAGEMENT COMPANY INC v. ESTATE OF CRESPI (2000)

Order, Supreme Court, New York County (Charles Ramos, J.), entered June 19, 1998, which, in an action by a real estate broker against the lessor of premises to recover a commission and against the lessor and lessee for fraud, granted defendants' motion for summary judgment dismissing the complaint, and denied plaintiff's cross motion to substitute a corporation as a defendant in place of the individual originally alleged to be the lessor, unanimously affirmed, without costs.

The motion court properly dismissed the action and denied plaintiff's cross motion to substitute a corporation in place of the individual sought to be held liable as plaintiff's employer, upon the ground that the action was improperly brought against the individuals who negotiated the lease, rather than the corporate signatories, notwithstanding that plaintiff knew or should have known from the outset that such individuals were acting only as representatives of their respective corporate principals.   It is clear that plaintiff's failure to name the proper corporate parties was no mere pleading mistake, but rather “an attempt to secure some tactical advantage in the litigation” (see, Buran v. Coupal, 87 N.Y.2d 173, 181, 638 N.Y.S.2d 405, 661 N.E.2d 978).

MEMORANDUM DECISION.