MATTHEWS v. TOBIAS


260 A.D.2d 608 (1999)

688 N.Y.S.2d 677

SUERICA MATTHEWS, an Infant, by Her Mother and Natural Guardian, JUDITH RODRIGUEZ, et al., Respondents, v. ROBERT R. TOBIAS, Appellant, and 389 WOODBINE CORPORATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 26, 1999.


Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, the complaint and cross claim are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

On May 4, 1990, the defendant Robert R. Tobias sold the six-unit apartment building at issue to the codefendant 389 Woodbine Corporation (hereinafter Woodbine), after he had owned it for one and one-half years. Woodbine promptly...

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