Felix v. Thomas R. Stachecki Gen. Contracting, LLC

• Decision Date: 05 June 2013
• Citation: 107 A.D.3d 664,2013 N.Y. Slip Op. 03966,966 N.Y.S.2d 494
• Parties: David FELIX, etc., et al., respondents, v. THOMAS R. STACHECKI GENERAL CONTRACTING, LLC, et al., defendants, Robin A. Blackley, et al., appellants.
• Court: New York Supreme Court — Appellate Division

107 A.D.3d 664
966 N.Y.S.2d 494
2013 N.Y. Slip Op. 03966

David FELIX, etc., et al., respondents,
v.
THOMAS R. STACHECKI GENERAL CONTRACTING, LLC, et al., defendants,
Robin A. Blackley, et al., appellants.

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

June 5, 2013.

[966 N.Y.S.2d 495]

Margolin & Pierce, LLP, New York, N.Y. (Errol F. Margolin of counsel), for appellants.

Goggins & Palumbo, Mattituck, N.Y. (William C. Goggins of counsel), for respondents.

PETER B. SKELOS, J.P., DANIEL D. ANGIOLILLO, SHERI S. ROMAN, and ROBERT J. MILLER, JJ.

[107 A.D.3d 664]In an action, inter alia, to recover damages for violations of [107 A.D.3d 665]the Residential Lead–Based Paint Hazard Reduction Act of 1992 (42 USC § 4851 et seq.), the defendants Robin A. Blackley and Corcoran Group, Inc., appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated October 25, 2011, as denied, as untimely, their motion pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them and granted that branch of the plaintiffs' cross motion which was pursuant to CPLR 3215 for leave to enter a judgment against them upon their default in appearing or answering the complaint, (2) from an order of the same court dated April 2, 2012, which denied their motion for leave to renew and reargue their motion pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them and for leave to reargue their opposition to that branch of the plaintiffs' cross motion which was pursuant to CPLR 3215 for leave to enter a default judgment against them, and (3) from an order of the same court dated August 15, 2012, which denied their motion pursuant to CPLR 5015 to vacate so much of the order dated October 25, 2011, as granted that branch of the plaintiffs' cross motion which was pursuant to CPLR 3215 for leave to enter a default judgment against them.

ORDERED that the appeals from the orders dated April 2, 2012, and August 15, 2012, are dismissed; and it is further,

ORDERED that the order dated October 25, 2011, is reversed insofar as appealed from, on the law and in the exercise of discretion, the motion of the defendants Robin A. Blackley and Corcoran Group, Inc., pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them is granted, and that branch of the plaintiffs' cross motion which was pursuant to CPLR 3215 for leave to enter a judgment against the defendants Robin A. Blackley and Corcoran Group, Inc., upon their default in appearing or answering the complaint is denied; and it is further,

ORDERED that one bill of costs is awarded to the defendants Robin A. Blackley and Corcoran Group, Inc.

The plaintiffs commenced this action against Robin A. Blackley and Corcoran Group, Inc. (hereinafter together the Corcoran defendants), among others, to recover damages for violations of the Residential Lead–Based Paint Hazard Reduction Act of 1992 (42 USC § 4851 et seq. [hereinafter the RLPHRA]; see Brown v. Maple3, LLC, 88 A.D.3d 224, 230–231, 928 N.Y.S.2d 740). The complaint alleged, among other things, that the Corcoran defendants...