Lombardo v. Lapaz Realty Corp.

In an action to recover damages for personal injuries, etc., the defendant Newborn Construction, Inc., appeals from an order of the Supreme Court, Nassau County (Molloy, J.), dated August 23, 1993, which denied its motion to dismiss the complaint and all cross claims insofar as they are asserted against it pursuant to CPLR 3211 (a) (5).

Ordered that the order is affirmed, with costs to the respondents.

Contrary to the contention of the appellant Newborn Construction, Inc. (hereinafter Newborn), the Supreme Court properly denied its motion to dismiss the complaint and all cross claims insofar as…