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BOARD OF MANAGERS OF MARKE GARDENS CONDOMINIUM v. 240/242 FRANKLIN AVENUE LLC

0029255/2007

2008 NY Slip Op 32362 (U)

THE BOARD OF MANAGERS OF MARKE GARDENS CONDOMINIUM, on its own and on behalf of individual unit owners, Plaintiff, v. 240/242 FRANKLIN AVENUE LLC, SCARANO ARCHITECT PLLC F/K/A SCARANO & ASSOCIATES ARCHITECTS, CORCORAN GROUP-BROOKLYN, ROYAL ROOFING AND CONSTRUCTION, INC., and NAMIK MARKE A/K/A MIKE MARKE, Defendant.

Supreme Court of the State of New York, County of Kings.

August 26, 2008

Attorney(s) appearing for the Case

DANIEL F. SPITALNIC, ESQ. New York, New York, For the Plaintiff(s):

Royal Roofing & Construction, Inc., & Namik Marke a/k/a Mike Marke GABOR & MAROTTA, LLC Staten Island, New York, For the Defendant(s):

ZETLIN & DE CHIARA, LLP. New York, New York For the Defendant(s):

No appearance by remaining defendant

DECISION

JAMES STARKEY, Judge.

FACTS AND PROCEDURAL BACKGROUND

Defendant Scarano Architect, PLLC (hereinafter "Architect") moves pursuant to CPLR §3211(a)(1) and §3211 (a) (7) for an order dismissing three of plaintiff's causes of action against it. Defendant Architect claims that plaintiff cannot sustain either a breach of contract or a negligence claim against it for economic loss damages absent privity or its functional...

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