Merino v. City of Middletown

—In an action, inter alia, to recover damages for the negligent demolition of two buildings, the defendants City of Middletown, Joseph M. DeStefano, and Alfred A. Fusco, Jr., appeal from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated May 19, 1999, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The…