Drasser v. STP Associates, LLC

90 A.D.3d 701, 934 N.Y.2d 317

Opinion

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 (see Kramer, Levin, Nessen, Kamin & Frankel v International 800 Telecom Corp., 190 AD2d 538, 539 [1993]; Cosmos Forms v Furst, 172 AD2d 403 [1991]).

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 statute. In opposition, the plaintiffs failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Accordingly, the Supreme Court properly granted the defendant’s cross motion for summary judgment dismissing the complaint.

The plaintiffs’ remaining contentions are without merit. Rivera, J.P, Leventhal, Roman and Sgroi, JJ., concur.