Stabilis Fund II, LLC v Ridgewood Realty of L.I., Inc.

Stabilis Fund II, LLC v Ridgewood Realty of L.I., Inc. 2012 NY Slip Op 07290 Decided on November 7, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 7, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
2008-11069
(Index No. 15759/07)

[*1]Stabilis Fund II, LLC, respondent,

v

Ridgewood Realty of L.I., Inc., et al., defendants, Madalyn Bottone, etc., et al., appellants.




Neil Cahn, PLLC, Carle Place, N.Y. (Law Offices of David A. Day,
P.C., former of counsel on the brief), for appellants.
Reed Smith, LLP, New York, N.Y. (James Andriola of counsel
and Jaspan Schlesinger LLP [Joanne
L. Oweis and Antonia M. Donohue],
former of counsel on the brief), for
respondent.
Jones Hirsch Connors & Bull P.C., New York, N.Y. (Rita W.
Gordon and Warren A. Herland of
counsel), for defendants Westrock
Appraisal Services Corp. and Steven
R. Romer.


DECISION & ORDER

In an action, inter alia, to foreclose a mortgage and to recover damages for fraud, Madalyn Bottone and Mark Robert Brody, as administrators of the estate of Morton Brody, and Steve Kates, also known as Steven Kates, appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), dated October 16, 2008, as denied their motion pursuant to CPLR 3211(a)(1) and (7), and 3016(b) to dismiss the amended complaint insofar as asserted against them.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the particular circumstances of this case, the Supreme Court properly denied the motion of the defendants Madalyn Bottone and Mark Robert Brody, as administrators of the estate of Morton Brody, and Steve Kates, also known as Steven Kates, pursuant to CPLR 3211(a)(1) and (7) and 3016(b) to dismiss the complaint insofar as asserted against them.
DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court