Stabilis Fund II, LLC v. Ridgewood Realty of L.I., Inc.

Appellate Division of the Supreme Court of New York

Stabilis Fund II, LLC v. Ridgewood Realty of L.I., Inc.

100 A.D.3d 621, 952 N.Y.S.2d 900

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 7, 2012

StatusPublished

This text of 100 A.D.3d 621 (Stabilis Fund II, LLC v. Ridgewood Realty of L.I., Inc.) 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.

Bluebook

Stabilis Fund II, LLC v. Ridgewood Realty of L.I., Inc., 100 A.D.3d 621, 952 N.Y.S.2d 900 (N.Y. Ct. App. 2012).

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Opinion

— In an action, inter alia, to foreclose a mortgage and to recover damages for fraud, Madalyn Bottone and Mark Robert Brody, as administrators of the estate of Morton Brody, and Steve Kates, also known as Steven Kates, appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), dated October 16, 2008, as denied their motion pursuant to CPLR 3211 (a) (1) and (7) and 3016 (b) to dismiss the amended complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the particular circumstances of this case, the Supreme Court properly denied the motion of the defendants Madalyn [622]*622Bottone and Mark Robert Brody, as administrators of the estate of Morton Brody, and Steve Kates, also known as Steven Kates, pursuant to CPLR 3211 (a) (1) and (7) and 3016 (b) to dismiss the complaint insofar as asserted against them. Dillon, J.P., Dickerson, Austin and Miller, JJ., concur.

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— In an action, inter alia, to foreclose a mortgage and to recover damages for fraud, Madalyn Bottone and Mark Robert Brody, as administrators of the estate of Morton Brody, and Steve Kates, also known as Steven Kates, appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), dated October 16, 2008, as denied their motion pursuant to CPLR 3211 (a) (1) and (7) and 3016 (b) to dismiss the amended complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the particular circumstances of this case, the Supreme Court properly denied the motion of the defendants Madalyn [622]*622Bottone and Mark Robert Brody, as administrators of the estate of Morton Brody, and Steve Kates, also known as Steven Kates, pursuant to CPLR 3211 (a) (1) and (7) and 3016 (b) to dismiss the complaint insofar as asserted against them. Dillon, J.P., Dickerson, Austin and Miller, JJ., concur.

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Bluebook (online)

100 A.D.3d 621, 952 N.Y.S.2d 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stabilis-fund-ii-llc-v-ridgewood-realty-of-li-inc-nyappdiv-2012.