Clement v. Delaney Realty Corp., 2006-10423.
| Decision Date | 07 November 2007 |
| Docket Number | 2007-01023.,2007-01022.,2006-10579.,2006-10423. |
| Citation | 2007 NY Slip Op 08401,845 N.Y.S.2d 423,45 A.D.3d 519 |
| Parties | IRA CLEMENT et al., Appellants, v. DELANEY REALTY CORP. et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the defendants FTF Inspection Corp. and Arcenio Pena payable by the plaintiffs, and one bill of costs is awarded to the plaintiffs payable by the defendants Delaney Realty Corp. and Patricia A. Delaney, Peter Zelmanow, and William J. Shovlin and Susan Galligan Shovlin, appearing separately and filing separate briefs.
The plaintiffs retained the services of the defendant Patricia A. Delaney of the defendant Delaney Realty Corp. (hereinafter collectively Delaney) to assist them in finding and purchasing a home. They were shown the home of William J. Shovlin and Susan Galligan Shovlin (hereinafter collectively the Shovlins), which the plaintiffs offered to buy subject to an inspection. Based on Delaney's alleged recommendation, the plaintiffs entered into a contract for a home inspection with the defendants Arcenio Pena and FTF Inspection Corp. (hereinafter collectively FTF), which included various limitations, as well as a provision limiting the home inspector's liability. FTF issued its report to the plaintiffs. Then, with the assistance of their attorney, the defendant Peter Zelmanow, the plaintiffs entered into a contract of sale and subsequently proceeded to closing.
Within weeks of taking possession of the house in November 2003, the plaintiffs discovered an allegedly serious mold condition, which caused them eventually to vacate the house in June 2004. Some 20 months later, in February 2006, the plaintiffs commenced this action against FTF, Delaney, Zelmanow, and the Shovlins. After joining issue, FTF moved for summary judgment, in effect, limiting its liability to the sum of $440. Delaney, Zelmanow, and the Shovlins submitted separate pre-answer motions to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211 (a) (1) and (7). The Supreme Court granted all of the motions.
Regarding FTF's motion for summary...
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