Rose Dev. Corp. v Einhorn

Rose Dev. Corp. v Einhorn 2007 NY Slip Op 02101 [38 AD3d 638] March 13, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

Rose Development Corp., Respondent,
v
Jonathon Einhorn et al., Defendants and Third-Party Plaintiffs-Respondents. Nations Credit Financial Services Corporation, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

—[*1] Stim & Warmuth, P.C., Farmingville, N.Y. (Paula J. Warmuth of counsel), for third-party defendant-appellant.

Borchert, Genovesi, Laspina & Landicino, P.C., Whitestone, N.Y. (Helmut Borchert of counsel), for plaintiff-respondent.

Albanese & Albanese LLP, Garden City, N.Y. (Barry A. Oster of counsel), for defendants third-party plaintiffs-respondents.

In an action, inter alia, to recover damages for breach of warranty of title, and a related third-party action, among other things, for contribution and/or indemnification, the third-party defendant Nations Credit Financial Services Corporation appeals from an order of the Supreme Court, Kings County (Schack, J.), dated February 14, 2006, which denied its motion pursuant to CPLR 3211 to dismiss the complaint and to dismiss the third-party complaint insofar as asserted against it.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Under the particular circumstances of this case, the Supreme Court properly denied the appellant's motion to dismiss the complaint and to dismiss the third-party complaint insofar as asserted against it. Crane, J.P., Krausman, Fisher and Dickerson, JJ., concur.