Lyman Rice, Inc. v. Albion Mobile Homes, Inc.

Decision Date10 November 2011
Citation933 N.Y.S.2d 471,2011 N.Y. Slip Op. 08073,89 A.D.3d 1488
PartiesLYMAN RICE, INC., doing business as Rice Homes, Plaintiff–Appellant, v. ALBION MOBILE HOMES, INC., doing business as Heritage Estates, and Richard Decarlo, Defendants–Respondents.Hillcrest Homes, LLC, Proposed Intervenor–Appellant.
CourtNew York Supreme Court — Appellate Division

OPINION TEXT STARTS HERE

Cropsey & Cropsey, Albion (Conrad F. Cropsey of Counsel), for PlaintiffAppellant and Proposed IntervenorAppellant.

Woods Oviatt Gilman LLP, Rochester (James W. Kiley of Counsel), for DefendantsRespondents.

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

MEMORANDUM:

Plaintiff commenced this action alleging, inter alia, conversion, replevin and the violation of Real Property Law § 233 after defendants refused to allow plaintiff to remove a manufactured home from defendants' manufactured home park without first paying a security deposit. Supreme Court properly granted defendants' cross motion to dismiss the complaint and for summary judgment dismissing the complaint on the ground that plaintiff lacked standing. To establish standing, a party must have an injury in fact, i.e., “an actual legal stake in the matter being adjudicated” ( Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761, 772, 570 N.Y.S.2d 778, 573 N.E.2d 1034; see New York State Assn. of Nurse Anesthetists v. Novello, 2 N.Y.3d 207, 211–212, 778 N.Y.S.2d 123, 810 N.E.2d 405). “A plaintiff generally has standing only to assert claims on behalf of [itself] ( Caprer v. Nussbaum, 36 A.D.3d 176, 182, 825 N.Y.S.2d 55). The record establishes that plaintiff lacks standing because Hillcrest Homes, LLC (Hillcrest) owns the manufactured home. Indeed, also before the court was a motion by Hillcrest and plaintiff seeking, inter alia, permission for Hillcrest to intervene in the action and for leave to amend the caption to include Hillcrest as a plaintiff. Contrary to plaintiff's contention, neither the proposed amended complaint nor the affidavits submitted in support of that motion raise a triable issue whether plaintiff had standing. Those submissions merely established that plaintiff is a company related to Hillcrest, a corporation, but that they remain distinct legal entities. [O]ne [company] will generally not have legal standing to exercise the rights of [an]other associated corporation[ ] ( Alexander & Alexander of N.Y. v. Fritzen, 114 A.D.2d 814, 815, 495 N.Y.S.2d 386, affd. 68 N.Y.2d 968, 510 N.Y.S.2d 546, 503 N.E.2d 102).

We further conclude that the court did not abuse its discretion in denying the motion of plaintiff and Hillcrest seeking, inter alia, permission for Hillcrest to intervene in the action ( see CPLR 1012[a][2]; 1013). CPLR 1012(a)(2) allows intervention as of right “when the representation of the [corporation's]...

To continue reading

Request your trial
8 cases
  • Ivory Dev., LLC v. Roe
    • United States
    • New York Supreme Court — Appellate Division
    • 21 d4 Janeiro d4 2016
    ...corporation, even when the entities are affiliated through their ownership or management (see Lyman Rice, Inc. v. Albion Mobile Homes, Inc., 89 A.D.3d 1488, 1489, 933 N.Y.S.2d 471 [2011] ; Alexander & Alexander of N.Y. v. Fritzen, 114 A.D.2d 814, 815, 495 N.Y.S.2d 386 [1985], affd. 68 N.Y.2......
  • Cnty. of Jefferson v. Onondaga Dev., LLC
    • United States
    • New York Supreme Court — Appellate Division
    • 16 d5 Junho d5 2017
    ...114 A.D.2d 814, 815, 495 N.Y.S.2d 386, affd. 68 N.Y.2d 968, 510 N.Y.S.2d 546, 503 N.E.2d 102 ; Lyman Rice, Inc. v. Albion Mobile Homes, Inc., 89 A.D.3d 1488, 1488–1489, 933 N.Y.S.2d 471 ). We therefore do not address defendant's contentions related to that separate entity. We agree with def......
  • Clarex Ltd. v. Natixis Sec. Am. LLC
    • United States
    • U.S. District Court — Southern District of New York
    • 12 d5 Outubro d5 2012
    ...to assert claims belonging to a related corporation, simply because their business is intertwined."); Lyman Rice, Inc. v. Albion Mobile Homes, Inc., 89 A.D.3d 1488, 1488 (4th Dep't 2011) ("[O]ne [company] will generally not have the legal standing to exercise the rights of [an]other associa......
  • Hillcrest Homes, LLC v. Albion Mobile Homes, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • 2 d5 Maio d5 2014
    ...plaintiff, and we affirmed the dismissal of the complaint on the ground that Lyman lacked standing ( see Lyman Rice, Inc. v. Albion Mobile Homes, Inc., 89 A.D.3d 1488, 933 N.Y.S.2d 471). Thereafter, plaintiff commenced the present action, and Supreme Court granted defendants' motion to dism......
  • Request a trial to view additional results
1 books & journal articles
  • Chapter 4 ACKNOWLEDGMENTS
    • United States
    • New York State Bar Association Contract Doctrine and Marital Agreements in New York
    • Invalid date
    ...Bd. of Managers, Jefferson Vil. Condo 3, 67 A.D.3d 945, 891 N.Y.S.2d 97 (2d Dep't 2009); Lyman Rice, Inc. v. Albion Mobile Homes, Inc., 89 A.D.3d 1488, 933 N.Y.S.2d 471 (4th Dep't 2011); People v. Jenkins, 290 A.D.2d 573, 735 N.Y.S.2d 647 (3d Dep't 2002).[1683] Galetta v. Galetta, 21 N.Y.3d......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT