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Rodriguez owned Twinkle Import Co. His wife owned Windsor Brands Ltd. Windsor’s lease of premises owned by East 149th Realty Corp. ran from 1992 to Aug. 31, 2007. Before May 1, 2006, Twinkle operated its business from those premises as Windsor’s subtenant. Letter agreements provided for Siegmund Strauss Inc.’s purchase of Windsor and Twinkle. Prior to the letters’ May 1, 2006, execution the Rodriguezes used their trucks and employees to help Strauss move its business into the premises. Twinkle ceased operation. All Windsor and Twinkle employees became Strauss employees. The First Department affirmed an April 7, 2009, declaration that Strauss was the premises’ lawful tenant. Applying the test in Barrett Japanning Inc. v. Bialobroda, it concluded that even if the Rodriguezes’ claims were reinstated, and they were permitted to pursue a contract breach claim, the judgment declaring Strauss entitled to the premises’ possession would stand. Further, under Matter of Aho, the Rodriguezes’ appeal from judgment did not bring up for review an Aug. 6, 2007, order granting Strauss’ motion to dismiss amended counterclaims or a Feb. 28, 2008, order denying the Rodriguezes’ cross motion for leave to amend the answer.

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