2023 NY Slip Op 03775
Rachael Methal, et al., respondents,
v.
Village of Ardsley, appellant-respondent
John J. Annunziata, P.E., P.C., et al., respondents- appellants (and a third-party action).
No. 2020-04100, Index No. 66187/17
Supreme Court of New York, Second Department
July 12, 2023
Kaufman Dolowich Voluck, Woodbury, NY (Matthew Minero and Roland A. Vitanza of counsel), for appellant-respondent.
Yankwitt LLP, White Plains, NY (Benjamin Allee of counsel), for respondents.
VALERIE BRATHWAITE NELSON, J.P., JOSEPH J. MALTESE, WILLIAM G. FORD, HELEN VOUTSINAS, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for injury to property, the defendant Village of Ardsley appeals, and the defendants John J. Annunziata, P.E., P.C., and Flavio La Rocca & Sons, Inc., separately cross-appeal, from an order of the Supreme Court, Westchester County (Mary H. Smith, J.), dated April 29, 2020. The order, insofar as appealed from, denied those branches of the motion of the defendant Village of Ardsley which were for summary judgment dismissing, insofar as asserted against it, the third cause of action and the complaint and the cross-claim asserted by the defendant John J. Annunziata P.E., P.C., to the extent that the complaint and that cross-claim sought damages, contribution, or indemnification for alleged injuries to the plaintiffs' property which occurred prior to April 7, 2017.
ORDERED that the...