Benfeld v. Fleming Properties, LLC
This text of 38 A.D.3d 814 (Benfeld v. Fleming Properties, LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In an action, inter alia, to recover damages for breach of warranty, the third-party defendants, Rostislav Galkin and Dinara Galkina, appeal from an order of the Supreme Court, Richmond County (McMahon, J.), dated May 2, 2006, which denied their motion for summary judgment dismissing the third-party complaint, with leave to renew after the completion of discovery.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court did not improvidently exercise its discretion in denying the motion for summary judgment with leave to renew after the completion of discovery (see CPLR 3211 [d]; 3212 [f]). Mastro, J.P, Florio, Garni and McCarthy, JJ., concur.
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Cite This Page — Counsel Stack
38 A.D.3d 814, 831 N.Y.S.2d 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benfeld-v-fleming-properties-llc-nyappdiv-2007.