Drasser v. STP Assocs., LLC

• Decision Date: 13 December 2011
• Citation: Drasser v. STP Assocs., LLC, 90 A.D.3d 701, 934 N.Y.S.2d 317, 2011 N.Y. Slip Op. 9086 (N.Y. App. Div. 2011)
• Parties: Nancy DRASSER, et al., appellants, v. STP ASSOCIATES, LLC, respondent.
• Court: New York Supreme Court — Appellate Division

2011 N.Y. Slip Op. 09086

90 A.D.3d 701

934 N.Y.S.2d 317

Nancy DRASSER, et al., appellants,

v.STP ASSOCIATES, LLC, respondent.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 13, 2011.

Frederick C. Kelly, Monroe, N.Y., for appellants.

Westerman Ball Ederer Miller & Sharfstein, LLP, Uniondale, N.Y. (Jeffrey A. Miller of counsel), for respondent.

In an action, inter alia, for a permanent injunction, the plaintiffs appeal from (1) an order of the Supreme Court, Nassau County(Winslow, J.), entered October 26, 2010, which granted that branch of the defendant's cross motion which was to transfer the action to a different Justice of the Supreme Court, and (2) an order of the same court(Phelan, J.), entered December 14, 2010, which, inter alia, denied those branches of their motion which were for summary judgment on the first, second, third, and fourth causes of action and granted that branch of the defendant's cross motion which was for summary judgment dismissing the complaint.

ORDERED that the orders are affirmed, with one bill of costs.

The Supreme Court did not improvidently exercise its discretion in transferring the instant action to the Justice who presided over a prior action involving many of the same parties for the same or similar relief ( seeKramer, Levin, Nessen, Kamin & Frankel v. International 800 Telecom Corp.,190 A.D.2d 538, 539, 593 N.Y.S.2d 211;Cosmos Forms v. Furst,172 A.D.2d 403, 568 N.Y.S.2d 783).

The defendant established its prima facie entitlement to judgment as a matter of law dismissing the complaint.It demonstrated that the notices it sent to the plaintiffs in September 2009 pursuant to Real Property Law § 233(b)(6)(i) complied with the requirements of that statut...