472 476 LLC v. 476 LLC (2026)

Per Curiam.

Order (Shahabuddeen A. Ally, J.), dated October 8, 2025, affirmed, with $10 costs.

The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of the trial court (see NationsCredit Home Equity Servs. v Anderson, 16 AD3d 563, 564 [2005]). Given that the merits of this now seven-year old summary proceeding have already been resolved, and the only outstanding issue concerns attorneys' fees, the Court providently exercised its discretion in denying respondents' motion to substitute Checo 476 Columbus LLC as petitioner-landlord. In these circumstances, CPLR 1018 and Real Property Law (RPL) § 223 permits the continuation of the proceeding against the original landlord without the need for substitution (see Equicredit Corp. of Am. v Campbell, 73 AD3d 1119, 1120 [2010]; Khanal v Sheldon, 55 AD3d 684, 685-686 [2008], lv denied 12 NY3d 714 [2009]), as the judgment is binding on the new owners (see Froehlich v Town of Huntington, 159 AD2d 606, 607 [1990], lv denied 77 NY2d 803 [1991]; Bova v Vinciguerra, 139 AD2d 797, 799 [1988]; Vincent C. Alexander, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 1018).We have considered respondent's remaining arguments and find them unpreserved and/or unavailing.

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court

Decision Date: September 28, 2026