Breytman v. Olinville Realty, LLC

• Decision Date: 09 September 2008
• Docket Number: No. 2007-02932.,No. 2007-08892,No. 2006-11049.,2006-11049.,2007-02932.,2007-08892
• Parties: ALEXANDER BREYTMAN, Appellant, v. OLINVILLE REALTY, LLC, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

54 A.D.3d 703

864 N.Y.S.2d 70

2008 NY Slip Op 6787

ALEXANDER BREYTMAN, Appellant, v. OLINVILLE REALTY, LLC, et al., Respondents.

No. 2006-11049.

No. 2007-02932.

No. 2007-08892

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 9, 2008.

In an action, inter alia, to recover damages for personal injuries and breach of implied warranty of habitability, the plaintiff appeals (1), as limited by his brief, from stated portions of an order of the Supreme Court, Kings County (Ruditzky, J.), dated October 20, 2006, which, among other things, granted the defendants' motion to dismiss the complaint pursuant to, inter alia, CPLR 3211 (a) (7), (2) from an order of same court (Held, J.), dated March 1, 2007, which, among other things, granted, in effect, the renewed motion of the defendants Olinville Realty, LLC, Olinville Realty Co., LLC, Olinville Realty, Weiner Realtors, Weiner Realty, LLC, Weiner Realty, Joel Weiner, Harry Hirsh, Donna Fabrizio, Effie Galato, "Forester," Sadat Rugova, and Bronx Pinnacle, LLC, to dismiss the amended complaint insofar as asserted against them pursuant to CPLR 3211 (a) (7), and (3) from an order of the same court (Held, J.), also dated March 1, 2007, which granted the motion of the defendants Rappaport, Hertz, Cherson and Rosenthal, P.C., and John Robalino to dismiss the amended complaint insofar as asserted against them pursuant to CPLR 3211 (a) (7) and (8).

Ordered that the order dated October 20, 2006, is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the first order dated March 1, 2007, is modified, on the law, by deleting the provision thereof granting that branch of the, in effect, renewed motion of the defendants Olinville Realty, LLC, Olinville Realty Co., LLC, Olinville Realty, Weiner Realtors, Weiner Realty, LLC, Weiner Realty, Joel Weiner, Harry Hirsh, Donna Fabrizio, Effie Galato, "Forester," Sadat Rugova, and Bronx Pinnacle, LLC, which was to dismiss the cause of action in the amended complaint to recover damages for negligence causing personal injuries insofar as asserted against the defendant Olinville Realty, LLC, and substituting therefor a provision denying that branch of the, in effect, renewed motion; as so modified, the order is affirmed, without costs or disbursements; and it is further,

Ordered that the second order dated March 1, 2007, granting the motion of the defendants Rappaport, Hertz, Cherson and...