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MITZMACHER v. BAY COUNTRY OWNERS

2020-00101, 2020-00102. Index No. 714747/16.

211 A.D.3d 1025 (2022)

182 N.Y.S.3d 127

2022 NY Slip Op 07444

Dana Mitzmacher et al., Appellants, v. Bay Country Owners, Respondent, et al., Defendant. 23-45-55 Bell Owners Corp., Nonparty Respondent.

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

Decided December 28, 2022.

Attorney(s) appearing for the Case

Rosmarie Arnold, New York, NY (William R. Stoltz of counsel), for appellants.

Margaret G. Klein & Associates (Barclay Damon LLP, Albany, NY [Colm P. Ryan and Steven E. Mach], of counsel), for defendant-respondent.

Crafa & Sofield, P.C., Garden City, NY (Joseph R. Crafa of counsel), for nonparty-respondent.

Barros, J.P., Maltese, Zayas and Wan, JJ., concur.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from two orders of the Supreme Court, Queens County (Janice A. Taylor, J.), both dated December 12, 2019. The first order, insofar as appealed from, denied that branch of the plaintiffs' motion which was for leave to amend the complaint. The second order granted the motion of the defendant Bay Country Owners for summary judgment dismissing the complaint insofar as asserted against it.

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