Miglionico v Arbors Homeowners' Assn. Inc.

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Miglionico v Arbors Homeowners' Assn. Inc. 2018 NY Slip Op 33993(U) October 22, 2018 Supreme Court, Westchester County Docket Number: 51682/2017 Judge: Lawrence H. Ecker Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] WESTCHESTER COUNTY CLERK 10/23/2018 11:30 AM NYSCEF DOC. NO. 273 INDEX NO. 51682/2017 RECEIVED NYSCEF: 10/23/2018 commence the the statutory statutory To commence time for for appeals appeals as of of right right time you are (CPLR 5513[a]), 5513[a)), you (CPLR advised to to serve serve a copy copy advised of this this order, order, with with notice notice of of entry, entry, upon upon all all parties. parties. of YORK SUPREME COURT COURT OF THE THE STATE STATE OF NEW NEW YORK SUPREME TER COUNTY OF WESTCHESTER WESTCHES COUNTY ·------ ------ X ---------------------------------------------------------------------------)( BARBARA MIGLIONICO MIGLIONICO, , BARBARA Index No. No. 51682/2017 51682/2017 Index Plaintiff, Plaintiff, DECISION/ORDER RDER DECISION/O -against-againstMotion date: date: 09/05/18 09/05/18 Motion ON ASSOCIATI ERS' ASSOCIATION THE ARBORS HOMEOWNERS' ARBORS HOMEOWN THE Mot. STEVE LAUNZINGE LAUNZINGERR d/b/a SRL Mot. Seqs. Seqs. 3, 4, 5, & 6 d/b/a SRL INC., STEVE TER LANDSCAPEE CONSTRUC CONSTRUCTION, WESTCHESTER TION, WESTCHES LANDSCAP CUSTOM PLUMBING PLUMBING & HEATING HEATING CORP., CORP., OHR DHR CUSTOM MANAGEMENT, DIANNE FEINSTEIN FEINSTEIN as managing managing NT, DIANNE MANAGEME agent, C&K C&K LANDSCAP LANDSCAPING POOLS, INC., ING & POOLS, agent, TER, INC. and SUEZ WATER WATER WESTCHES WESTCHESTER, SUEZ ING FREDDY GONZALEZ GONZALEZ as a member member of C&K C&K LANDSCAP LANDSCAPING FREDDY POOLS INC., & POOLS Defendants. Defendants. ---------------------------------------------------------------------------)( --------------------------------------------------------------------X ECKER, J. ECKER, The following following papers papers numbered numbered 1 through through 116 were were considered considered on the the motion motion of of The member a as , GONZALEZ defendant C&K C&K LANDSCAP LANDSCAPING POOLS, INC. and FREDDY FREDDY GONZALEZ, member ING & POOLS, defendant of C&K C&K LANDSCAP LANDSCAPING POOLS, INC. ("jointly ("jointly C & K Landscaping Landscaping")") [Mot. Seq. 3], made made ING & POOLS, of 's MIGLIONICO BARBARA plaintiff pursuant to CPLR 3212, for order dismissing plaintiff BARBARA MIGLIONICO's dismissing order an CPLR 3212, for pursuant THE defendant of motion the ("plaintiff') complaint complaint and all cross-claims cross-claims against against it, and on the motion of defendant THE ("plaintiff'') NT and ARBORS HOMEOWNERS' DHR MANAGEME MANAGEMENT and DIANNE DIANNE ASSOCIATION, OHR ERS' ASSOCIATION, ARBORS HOMEOWN pursuant made Seq. [Mot. Arbors") FEINSTEIN as managing agent "the Arbors") [Mot. 4], made pursuant to "the Gointly agent managing FEINSTEIN alternative, the in or it, against CPLR 3212, 3212, for for an order order dismissing dismissing plaintiff's plaintiff's complaint complaint against the alternative, CPLR granting it summary summary judgment cross-claims, , and on the the motion motion of of defendant defendant SUEZ SUEZ judgment on its cross-claims granting for 3212, CPLR pursuantto made 5], WATER WESTCHESTER, INC. ("Suez") made pursuant to CPLR 3212, for Seq. [Mot. ("Suez") WATER WESTCHES TER, motion the on order dismissing dismissing the the complaint complaint and all cross-claims cross-claims against against it, and the motion of of an order ("SRL TION CONSTRUC E LANDSCAP defendant STEVEN LAUNZINGER d/b/a SRL LANDSCAPE CONSTRUCTION ("SRL SRL d/b/a R LAUNZINGE STEVEN defendant Construction")") [Mot. Seq. 6], made made pursuant pursuant to CPLR CPLR 3212, 3212, for for an order order dismissing dismissing Construction plaintiff's complaint complaint and all cross-claims cross-claims against against it: plaintiff's -1- 1 of 6 [*FILED: 2] WESTCHESTER COUNTY CLERK 10/23/2018 11:30 AM NYSCEF DOC. NO. 273 INDEX NO. 51682/2017 RECEIVED NYSCEF: 10/23/2018 "\ NUMBERED NUMBERED PAPERS Seq. 3 [C&K [C&K Landscaping] Landscaping] Mot. Seg. Notice Notice of of Motion, Motion, Affirmation, Affirmation. Memorandum Memorandum of of Law· Law Exhibits Exhibits A-,EE', A-EE, Affirmation Affirmation in Opposition•(by Opposition.(bY the the Arbors Arbors against against SRL SRL Construction, Construction. C&K C&K • Landscaping · Landscaping & Suez), Suez). Affirmation in "Reply"(by "Reply"(by the the Arbors Arbors against against SRL SRL Construction, Construction, C&K C&K Affkmation Landscaping · Landscaping & Suez), Suez). Affirmation in Reply Reply (C&K (C&K Landscaping), Landscaping), Affirmation Seq. 4 [the [the Arbors} Arbors] Mot. Seq. Notice of of Motion, Motion, Affirmation, Affirmation. Exhibits Exhibits A-BB A-BB Notice Affirmation in Opposition Opposition (SRL (SRL Construction), Construction), Affirmation Affirmation Affirmation in Partial Partial Opposition Opposition (C&K (C&K Landscaping), Landscaping), Affirmation in "Reply"(by "Reply"(by th_e.Arbors the Arbors against against SRL SRL Construction, Construction, C& C& K Affirmation Landscaping & Suez), Suez), . Landscaping · Seq. 5 [Suez) [Suez] Mot. Seq. Notice of of Motion, Motion. Affirmation, Affirmation, Exhibits Exhibits A-W A-W Notice Affirmation in Opposition Opposition (by (by the the Arbors Arbors against against SRL SRL Construction, Construction, C&K C&K Affirmation Landscaping Landscaping & Suez), Suez), Reply Affirmation Affirmation (Suez), (Suez), Reply Affirmation in "Reply"(by'the "Reply"(bythe Arbors Arbors against against SRL SRL Construction, Construction, C& C& K · Affirmation Landscaping · · Landscaping & Suez), Suez), 1 -34 35 36 37 37-66 37-66 67 68 68 69-95 69-95 96 ' [SRL Construction] Construction] Mot. Seq. Seq. 6 [SRL Notice Notice of of Motion, Motion. Exhibits Exhibits A-R, A-R. Affirmation in Opposition Opposition (by, (by' the the Arbors Arbors against against SRL SRL Construction, Construction. C&K C&K Affirmation Landscaping Landscaping & Suez), Suez). Affirmation in "Reply"(by "Reply"(by the the Arbors Arbors against against SRL SRL Construction, Construction, C& K Affirmation Landscaping Landscaping & Suez), Suez). Reply Affirmation Affirmation (SRL (SRL Construction). Construction). Reply 97-115 97-115 I 116 Upon the the foregoing foregoing papers, papers, the the court court determines determines as follows: follows; Upon This is an action action for for personal personal injuries injuries arising arising from from an an accident accident that that occured occured on April April This 2014, at around around 8:30 8;30 a.m. a.m. Plaintiff Plaintiff Barbara Barbara Miglionico Miglionico alleges alleges that, that, on that that morning, morning, 13, 2014, she friend through she was was walking walking with with a afriend through the the trails trails behind behind the the Arbors Arbors Condominium Condominium Complex Complex where she she resides. resides. At At some some point, point, plaintiff plaintiff and her friend friend exited exited from from the the trail trail and came came where and her upon a construction construction area, area, ~urrounded surrounded by yellow yellow tape tape and a metal metal portable portable fence, fence, in the' upon parking area area near near the the streets streets of of Bayberry Bayberry !-ane Lane and Ivy Hill Lane Lane ...Plaintiff alleges that that due due Plaintiff alleges parking these barricades, barricades, she she was was caused caused to step st~p ':JP ':Jponto curb and into into an uncovered uncovered hole hole to these onto a curb the dirt dirt adjacent adjacent to the the curb, curb, causing causing her her to fall. The The defect defect was was a water water meter meter pit with in the cover that that was was allegely allegely only only partially partially covering covering the the hole. It is alleged alleged that, that, before before the the a cover construction, the the water water meter meter pit had been been covered covered by dirt._ dirt. construction, The construction construction project project on the the Arbors' Arbors' property property was was to remove remove an old shed shed and and The erect a new new shed shed to be a storage storage facility facility for for lanc;iscaping materials materials and other other items. items. SRL SRL erect Construction was was hired hired to build build the the new new shed. shed. The The new new shed shed required required a water water connection connection Construction \\ -2- 2 of 6 [*FILED: 3] WESTCHESTER COUNTY CLERK 10/23/2018 11:30 AM NYSCEF DOC. NO. 273 INDEX NO. 51682/2017 RECEIVED NYSCEF: 10/23/2018 while it contracted that, while to the existing water SRL Construction Construction alleges alleges that, contracted to create create supply. SRL water supply. the existing were in place, and meter water line and water informed that meter were place, and that a water was informed shed, it was the shed, access to the water access the that it never hence that that it did not need need to create create access. access. SRL SRL Construction Construction claims claims that never saw saw the hence SRL pit. the covering soil the removed water meter pit, and does not know who removed the covering the SRL and does not know who water meter around tape around warning tape the warning Construction put up the occurrence, it put the occurrence, of the day of the day that, on the admits that, Construction admits the encircling the barricades encircling metal barricades the metal the accident accident site, but alleges that place the that it did not place but alleges the construction area. area. construction ow Maintenance C&K Landscaping was pursuant to a Landscaping/Sn Landscaping/Snow Maintenance and hired, pursuant was hired, C&K Landscaping common the maintain things, Plowing Contract, Contract, by the among other other things, maintain the common areas areas of Arbors to, among the Arbors Plowing the around the the metal that it placed the Landscaping asserts placed the metal barriers barriers around asserts that C&K Landscaping development. C&K the development. responsibility had that claims further It construction site at the request of the Arbors. further claims that it had no responsibility Arbors. the of request the site construction work in the relevant time it performed to cover cover holes holes on the property, and that last time performed work relevant area area the last that the the property, the hole denies uncovering was Finally, C&K Landscaping denies uncovering the hole or removing removing C&K Landscaping 2013. Finally, of 2013. fall of the fall was in the meter pit. water meter the the water around the from around dirt from the dirt equipment and the relevant of the Suez meters on the property, but all of relevant equipment the property, water meters the water owned the Suez owned Suez's Arbors. the owned were question, land, including the water meter pit in question, were owned by the Arbors. Suez's meter water the including had he meters, work on the employee testified responsible for supervising work the meters, for supervising was responsible that he was testified that employee the were in the that were the meters worked on the and possibly visited relevant area many times possibly worked meters that times and area many the relevant visited the among alleges, Suez done. was when or meter pits, but did not recall the specific work or when it was done. Suez alleges, among work specific the not recall but meter water other things, things, that under the circumstances, circumstances, have have exclusive exclusive access access to the water that it did not, under other meter pit. meter Arbors as the Arbors Plaintiff originally originally commenced commenced an action action on March March 5, 2015, 2015, naming naming the Plaintiff defendant. add SRL defendant. Plaintiff then SRL Construction Construction as a defendant. complaint to add the complaint amended the then amended defendant. Plaintiff plaintiff 2017, 30, January conducted. Defendants filed answers and discovery was conducted. On January 30,2017, plaintiff was discovery answers Defendants filed the action. filed stipulation of of discontinuance discontinuance of of the action. filed a stipulation summons serving a new 6, 2017, by serving Plaintiff commenced new action February 6,2017, new summons action on February commenced a new Plaintiff Plumbing Westchester Custom complaint naming naming the the Arbors, SRL Construction, Construction, Westchester Custom Plumbing & Arbors, SRL and complaint Suez as defendants. Heating Corp. Corp. ("Westchester ("Westchester Custom"), Custom"), C&K C&K Landscaping Landscaping and and Suez defendants. Heating general denials with general or about about March March 7, 2017, 2017, Suez Suez filed answer with denials and filed an answer On or Arbors, the Arbors, against the affirmative [NYSCEF No. 25]. It also alleged cross-claims cross-claims against also alleged defenses. [NYSCEF affirmative defenses. common contribution, for Landscaping C&K SRL Construction, Westchester Custom, and C&K Landscaping for contribution, common and Custom, Westchester SRL Construction, indemnification, contractual contractual indemnification, indemnification, and breach breach of of contract. contract. law indemnification, affirmative denials, affirmative general denials, with general On March March 8, 2017, answer with filed an answer Arbors filed the Arbors 2017, the Custom, defenses and cross-claims cross-claims against against SRL SRL Construction, Construction, Westchester Westchester Custom, C&K C&K defenses Landscaping, and Suez Suez for contractual indemnification, indemnification, common common law indemnification, indemnification, and for contractual Landscaping, contribution [NYSCEF No. 14]. contribution [NYSCEF with general filed an answer March 22, 2017, 2017, SRL SRL Construction Construction filed answer with general denials, denials, On March contractual indemnification, law common affirmative defenses, and cross-claims for common law indemnification, contractual for affirmative defenses, and cross-claims -3- 3 of 6 [*FILED: 4] WESTCHESTER COUNTY CLERK 10/23/2018 11:30 AM NYSCEF DOC. NO. 273 INDEX NO. 51682/2017 RECEIVED NYSCEF: 10/23/2018 Westchester Custom, indemnification contribution as against against the the Arbors, Arbors, Westchester Custom, C&K C&K ion and contribution indemnificat 15]. No. [NYSCEF Landscaping, and Suez. [NYSCEF Suez. Landscaping, and about March March 29, 2017, 2017, SRL SRL Construction Construction filed filed replies replies to the the Arbors' Arbors' and On or about filed replies Arbors filed 21]. The Suez's cross-claims cross-claims against against it. [NYSCEF [NYSCEF No. 17, 17,21]. The Arbors replies to Suez's Suez's Suez's 118]. No. [NYSCEF 2017 5, May on SRL Construction Construction's's cross-claims cross-claims May 5,2017 [NYSCEF and SRL On May May 22, 2017, 2017, C&K C&K Landscaping Landscaping served served an answer answer with with general general denials, denials, r Westcheste , Construction SRL Arbors, the affirmative defenses and cross-claims against Arbors, SRL Construction, Westchester cross-claims against affirmative defenses 30]. No. ion. [NYSCEF Custom, and and Suez Suez for contribution and common common law law indemnificat indemnification. [NYSCEF for contribution Custom, 's cross-claims Landscaping C&K to The Arbors and SRL Construction served replies C&K Landscaping's cross-claims. . replies served Construction SRL The Arbors and [NYSCEF No. 39, 66]. [NYSCEF The action action and and all cross-claims cross-claims against against Westcheste Westchester r Custom Custom were were discontinued discontinued by The 71].1 No. stipulation dated dated February February 16, 2018. 2018. [NYSCEF [NYSCEF stipulation 27, July 27, Plaintiff filed note of of issue issue on June 2018. By notice notice of of motion motion dated dated July June 19, 2018. filed a note Plaintiff complaint plaintiff's dismissing 2018, C&K C&K Landscaping Landscaping moved moved for for summary summary judgment judgment dismissing plaintiff's complaint 2018, Arbors the Arbors August 2, 2018, cross-claims against against it [Mot. Seq. Seq. 3]. Thereafter, Thereafter, on August 2018, the and all cross-claims it, or . against complaint plaintiff's moved for summary judgment dismissing plaintiff's complaint against dismissing 4], Seq. [Mot. moved for summary judgment on day, next The . cross-claims the alternative, alternative, granting granting it summary summary judgment judgment on its cross-claims. The next in the judgment August 3, 2018, 2018, both both SRL SRL Construction Construction and Suez Suez moved moved for for summary summary judgment August 6]. & 5 Seq. [Mot. them against dismissing the complaint and cross-claims against them [Mot. All of of the the cross-claims all and dismissing the complaint submitted timely defendants Various defendants timely submitted motions were were returnable returnable on August August 24, 2018. 2018. Various motions opposition to their their co-defendan co-defendant'st's motions motions to the the extent extent that that the the initial initial motions motions sought sought opposition failed however, Plaintiff, . cross-claims summary judgment granting or dismissing particular cross-claims. Plaintiff, however, failed particular dismissing or granting summary judgment motions. submit any any opposition opposition before before the the return return date date of of the the motions. to submit Plaintiff filed filed an Order Order to Show Show Cause, Cause, returnable returnable in the the Settlement Settlement Part, on Plaintiff motions judgment motions to permit September 19, 19,2018, seeking to adjourn adjourn the the summary summary judgment permit plaintiff plaintiff 2018, seeking September time to file file opposition opposition thereto. thereto. This This motion motion was was opposed opposed by all defendants. defendants. By decision decision time and order order dated dated October October 16, 2018, 2018, the the court court (Lefkowitz, (Lefkowitz, J.) denied denied plaintiff's plaintiff's motion. motion. motions the to opposition any [NYSCEF No. 269]. 269]. Accordingly, plaintiff has has not not submitted submitted any opposition the motions Accordingly, plaintiff [NYSCEF defendants that that are are now now before before the the court. court. by defendants motion for for summary summary judgment, C&K Landscaping Landscaping argues, argues, and submits submits judgment, C&K On its motion facts show evidence in support support of of the the position, position, that that the the facts show that: that: it functioned functioned as an evidence independent contractor contractor and, and, therefore, therefore, did not not owe owe plaintiff plaintiff a duty; duty; it did not not breach breach a duty duty independent sum, in Arbors, the plaintiff; and and there there is no evidence evidence that that it was was negligent. negligent. For For its part, part, the Arbors, sum, to plaintiff; 1litIt appears the cross-claims appears that Suez has has elected elected to not not file reply to any any of of the cross-claims alleged alleged against against it by by file a reply that Suez a reply served Landscaping C&K while the Arbors, SRL Construction and C&K Landscaping. Moreover, while C&K Landscaping served reply to to the Arbors, SRL Construction and C&K Landscaping. Moreover, the to reply not did Landscaping C&K appears it the cross-claims of Westchester Custom, now dismissed, appears C&K Landscaping not reply to the dismissed, now Custom, the cross-claims of Westchester cross-claims asserted asserted against against it by the SRL Construction Construction or or Suez. Suez. [NYSCEF [NYSCEF No. 37]. 37). Arbors, SRL the Arbors, cross-claims -4- 4 of 6 [*FILED: 5] WESTCHESTER COUNTY CLERK 10/23/2018 11:30 AM NYSCEF DOC. NO. 273 INDEX NO. 51682/2017 RECEIVED NYSCEF: 10/23/2018 that showing that submitted no competent argues, with with evidentiary evidentiary support, plaintiff submitted competent proof proof showing that plaintiff support, that argues, notice construction or actual had or the Arbors Arbors created created the the alleged alleged defective defective condition condition actual construction notice of of the walk into the risk of thereof any event, event, plaintiff plaintiff assumed assumed the of injury injury by electing electing to walk that, in any thereof and that, the barricaded barricaded construction construction zone. zone. Suez, Suez, in essence, essence, argues argues on its motion motion for for summary summary the that proof competent no is there presented, judgment that, considering all of the evidence presented, there competent proof that evidence of the judgment that, considering same the forth puts Suez created created the the alleged alleged defective defective condition. condition. SRL SRL Construction Construction puts forth the same Suez that asserting argument motion for summary judgment, asserting that there there is no evidence evidence of of any judgment, summary for motion its in argument accident. negligence on its part part that caused plaintiff's plaintiff's accident. that caused negligence prima facie On the initial motions, motions, each each defendant defendant established established prima facie entitlement entitlement to the initial st Dept Based 20071). [1 503 summary judgment (see, Pulgram v Reisner, AD 3d 503 (1st Dept 2007]). Based on AD3d 44 Pu/gram Reisner, summary judgment court the motions, plaintiff's failure submit opposition opposition to any any of of the motions, therefore, therefore, the court must must failure to submit plaintiff's summary awarding order an seeks that grant, on default, that part of each motion that seeks order awarding summary motion each of part that default, grant, AD3d judgment dismissing the the complaint complaint (Kisiletskiy (Kisiletskiy v Pena, Pena, 153 AD 3d 800 [2d Dept Dept 2017)). 2017]). In judgment dismissing each of each that part light of of the the resulting resulting dismissal dismissal of of the the complaint complaint in its entirety, entirety, moreover, moreover, that part of light cross-claims particular dismissing or motion that seeks summary judgment either granting dismissing particular cross-claims granting either motion that seeks summary judgment denied as moot. moot. is denied the parties The court has considered considered the additional contentions contentions of of the parties not the additional The court movant by specifically addressed addressed herein. herein. To To the the extent extent any any relief relief requested requested movant was was not specifically Accordingly, it is hereby addressed by the the court, court, it is hereby hereby denied. denied. Accordingly, hereby addressed ING & ORDERED that that the the part part of of the the motion motion of of defendant defendant C&K C&K LANDSCAP LANDSCAPING ORDERED ING & of C&K POOLS, INC. and FREDDY GONZALEZ GONZALEZ, , as a member member of C&K LANDSCAP LANDSCAPING and FREDDY POOLS, CPLR to pursuant made 3], Seq. POOLS, INC. ("jointly Landscaping") made pursuant CPLR [Mot. ") Landscaping K & C ("jointly POOLS, complaint ("plaintiff'') 's 3212, for order dismissing dismissing plaintiff plaintiff BARBARA BARBARA MIGLIONICO MIGLIONICO's ("plaintiff') complaint for an order 3212, against it is granted granted without without opposition opposition and, that that part part of of the the motion motion that that seeks seeks as against is denied Landscaping C&K defendant dismissal of all cross-claims asserted against defendant C&K Landscaping denied against cross-claims asserted dismissal of moot; and and it is further further as moot; ARBORS THE ARBORS defendant THE ORDERED that that the the part part of of the motion of of defendant the motion ORDERED DIANNE and NT and DIANNE FEINSTEIN HOMEOWNERS' DHR MANAGEME MANAGEMENT FEINSTEIN ASSOCIATION, OHR ERS' ASSOCIATION, HOMEOWN managing agent agent 0ointly Gointly "the "the Arbors") made pursuant pursuant to CPLR CPLR 3212, 3212, Arbors") [Mot. Seq. 4], made as managing opposition, without granted is it against for an order dismissing plaintiffs complaint against granted without opposition, as complaint plaintiff's order dismissing for favor on its Arbors' favor judgment in the part of of the motion that that seeks seeks summary summary judgment the Arbors' the motion that part and that cross-claims is denied denied as moot, moot, and it is further further cross-claims WATER ORDERED that that the the part part of of the the motion motion of of defendant defendant SUEZ SUEZ WATER ORDERED WESTCHESTER, ("Suez") [Mot. Seq. 5], made made pursuant pursuant to CPLR CPLR 3212, 3212, for for an TER, INC. ("Suez") WESTCHES that part and opposition, without order dismissing the complaint as against granted without opposition, that part granted is it against order dismissing the complaint Suez defendant of the the motion motion that that seeks seeks dismissal dismissal of of all cross-claims cross-claims asserted asserted against against defendant Suez of further is denied denied as moot; moot; and it is further ORDERED that that the part of of the motion motion of of defendant defendant STEVEN STEVEN LAUNZINGE LAUNZINGERR the part ORDERED d/b/a SRL SRL LANDSCAP LANDSCAPEE CONSTRUC CONSTRUCTION ("SRL Construction Construction")") [Mot. [Mot. Seq. 6], made made TION ("SRL d/b/a -5- 5 of 6 [*FILED: 6] WESTCHESTER COUNTY CLERK 10/23/2018 11:30 AM NYSCEF DOC. NO. 273 INDEX NO. 51682/2017 RECEIVED NYSCEF: 10/23/2018 pursuant to CPLR CPLR 3212, 3212, for for an order order dismissing dismissing plaintiff's plaintiffs complaint complaint as against against it is pursuant granted without opposition, and that that part part of the the motion motion that that seeks seeks dismissal dismissal of all granted without opposition, cross-claims cross-claims asserted asserted against against defendant defendant SRL SRL Construction Construction is denied denied as moot. moot. The foregoing foregoing constitutes constitutes the the Decision/Order Decision/Orderpfpf the court. court. The Dated: White White Plains, Plains, New New York Dated: York Octobe~, 2018 OctobeP2' 2018 , / / Appearances Appearances Harmon, Linder Linder & Rogowsky, Rogow$ky, Esq. Harmon, Attorneys for Attorneys for Plaintiff Plaintiff Via NYSCEF Via NYSCEF Marshall Dennehey Dennehey Warner Warner Coleman Coleman and Goggin Goggin Marshall for Defendants Defendants the Arbors Homeowners' Ass'n., ', Attorney Attorney for Arbors Homeowners' Ass'n., Inc., DHR Management Management & Dianne Dianne Feinstein Feinstein OHR '/ Via NYSCEF Via NYSCEF Law Offices Offices of of Craig Craig P. Curcio Curcio Law Attorneys for Defendant Defendant SRL SRL Landscape Landscape Construction Construction Attorneys for NYSCEF Via NYSCEF - '\ " Litchfield Cavo, Cavo, LLP Litchfield Attorney for Suez Suez Water Water Westchester, Westchester, Inc. Attorney for Via NYSCEF Via NYSCEF Gallo Vitucci Gallo Vitucci Klar, LLP Attorney for C&K C&K Landscaping Landscaping & Pools, Pools, Inc. Attorney for Via NYSCEF Via NYSCEF , \.. -6- 6 of 6

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