Morgenroth v. Toll Bros., Inc.

Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered April 4, 2008, dismissing the amended complaint in its entirety, and bringing up for review an order, same court and Justice, entered March 28, 2008, which, inter alia, granted defendants’ cross motion for summary judgment, unanimously affirmed, with costs. Appeal from the aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The court properly denied plaintiffs’ motion and granted defendants’ cross motion for summary judgment. The unrefuted record evidence established that…