Bd. of Managers of Van Wyck Glen Condo. v. Van Wyck at Merritt Park Homeowners Ass'n, Inc.

211 A.D.3d 790

179 N.Y.S.3d 355 (Mem)

BOARD OF MANAGERS OF VAN WYCK GLEN CONDOMINIUM, et al., respondents,

v.VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION, INC., et al., appellants (and a third-party action).

2021–06711

Index No. 50017/17

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

Argued—November 1, 2022

December 14, 2022

Braverman Greenspun, P.C., New York, NY (Jon Kolbrener and Kelly Ringston of counsel), for appellants.

Handel & Carlini, LLP, Poughkeepsie, NY (Anthony C. Carlini, Jr., of counsel), for respondents.

VALERIE BRATHWAITE NELSON, J.P., ANGELA G. IANNACCI, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.

DECISION & ORDER

In an action, inter alia, for declaratory relief, the defendants appeal from an order of the Supreme Court, Dutchess County (Michael G. Hayes, J.), dated August 31, 2021. The order denied the defendants’ motion for leave to renew and reargue certain branches of their prior motion, inter alia, for summary judgment dismissing the complaint, and, in effect, their opposition to certain branches of the plaintiffs’ prior motion, among other things, for summary judgment dismissing stated portions of the first counterclaim, which were determined in an order of the same court (Christi J. Acker, J.) dated January 8, 2021.

Motion by the plaintiffs to dismiss the appeal on the ground that no appeal lies from an order denying reargument. By decision and order on motion of this Court dated December 29, 2021, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is

ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order dated August 31, 2021, as denied that branch of the defendants’ motion which was for leave to reargue certain branches of their prior motion, inter alia, for summary judgment dismissing the complaint, and, in effect, their opposition to certain branches of the plaintiffs’ prior motion, among other things, for summary judgment dismissing stated portions of the first counterclaim, is granted, and the motion is otherwise denied; and it is further,

ORDERED that the appeal from so much of the order dated August 31, 2021, as denied that branch of the defendants’ motion which was for leave to reargue certain branches of their prior motion, inter alia, for summary judgment dismissing the complaint, and, in effect, their opposition to certain branches of the plaintiffs’ prior motion, among other things, for summary judgment dismissing stated portions of the first counterclaim, is dismissed; and it is further,

ORDERED that the order dated August 31, 2021, is affirmed insofar as reviewed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiffs.

As more fully set forth in the decision and order of this Court on a related appeal (see Board of Managers of Van Wyck Glen Condominium v. Van Wyck at Merritt Park Homeowners Association Inc., ––– A.D.3d ––––, –––...