Benfeld v Fleming Props., LLC
2007 NY Slip Op 02684 [38 AD3d 814]
March 27, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


Igor Benfeld et al., Plaintiffs,
v
Fleming Properties, LLC, Defendant, and Bay Homes Realty, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Rostislav Galkin et al., Third-Party Defendants-Appellants.

—[*1] Krol & O'Connor, New York, N.Y. (Igor Krol of counsel), for third-party defendants-appellants and defendant Fleming Properties, LLC.

Robinson Brog Leinwald Greene Genovese & Gluck, P.C., New York, N.Y. (Nicholas Caputo of counsel), for defendants third-party plaintiffs-respondents.

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, Carni and McCarthy, JJ., concur.