442 DECATUR ST., LLC v. SPHERES REALTY, INC

Ordered that the order is affirmed, with costs.

The plaintiff seeks, inter alia, specific performance of a real estate contract dated August 7, 2002, which was executed by the defendant Spheres Realty, Inc., also known as Spheres Realty-Cross Fields Locale, as seller, and the plaintiff, as purchaser. However, the plaintiff, a limited liability company, did not come into existence until September 2002, i.e., one month later, when its articles of organization were filed with the Department of State ( see Limited Liability Company Law § 203). Under these circumstances, the Supreme Court properly determined that the plaintiff lacked the capacity in August 2002 to enter into a contract. At the time of the execution of the contract, the plaintiff was a "purported entity" which cannot "acquire rights by contract or otherwise" ( 183 Holding Corp. v. 183 Lorraine St. Assoc., 251 AD2d 386-387 [internal quotation marks omitted]; see Kiamesha Dev. Corp. v. Guild Props., 4 NY2d 378, 389; 18 CJS, Corporations § 88). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint and vacating the notice of pendency.

The plaintiff's remaining contentions are without merit.