Leidel v. Annicelli

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered March 21, 2012, which denied plaintiffs’ motion for a default judgment and granted defendants’ motions to compel plaintiffs to accept their late answers, unanimously affirmed, without costs. Order, same court and Justice, entered on or about July 11, 2012, which granted defendants’ motion to dismiss the complaint, and denied plaintiffs’ motion for summary judgment as to liability, unanimously affirmed, without costs.

Plaintiffs and defendant Old Stone Hill Road Associates are adjoining property owners. In 1998, Old Stone…