558 Seventh Ave. Corp. v PKNY IV, LLC, 2024 NY Slip Op 04592 [230 AD3d 1050]

September 26, 2024

Appellate Division, First Department

[*1]

558 Seventh Ave. Corp. et al., Respondents,

v

PKNY IV, LLC, et al., Defendants, and Grab & Go Convenience LLC et al., Appellants.

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 Ave. Corp., et al. , Sup Ct, NY County, Oct. 8, 2020, Schecter, J., index No. 651113/2020; see Simmons v Trans Express Inc. , 37 NY3d 107 , 111 [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 AD3d 835 , 836 [2d Dept 2019]).

We have considered defendants’ remaining contentions and find them unavailing. Concur—Manzanet-Daniels, J.P., Friedman, Kapnick, Shulman, Pitt-Burke, JJ..