PM Contr. Co. v. 32 AA Assocs. LLC

In PM Contr. Co. v. 32 AA Assocs. LLC, 4 AD3d 198 (1st Dept 2004) the court concluded that the error was a "misdescription" rather than a "misidentification" where 32 AA, the company listed as the owner, had transferred title to 32 Sixth Avenue while the plaintiff was performing improvements on the space in question, even though plaintiff neglected to perform an updated title search, which would have revealed the identity of the owner (id. at 200). According to the court, the transfer of title merely created an additional layer of ownership because 32 AA was the sole member of 32 Sixth Avenue and maintained total control over all aspects of the business operated by the latter corporation (id. at 199). Further, the court based its determination on the fact that the transfer was not at arms length, as no transfer taxes was paid, and therefore, presumably, no consideration for the transfer, and because both entities shared the same address and agent for service of process (id. at 199-200).