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BOARD OF MGRS. OF MARKE GARDENS CONDOMINIUM v. 240/242 FRANKLIN AVE. LLC

29255/2007.

2008 NY Slip Op 51789 (U)

THE BOARD OF MANAGERS OF MARKE GARDENS CONDOMINIUM, on its own and on behalf of individual unit owners, Plaintiff, v. 240/242 FRANKLIN AVENUE LLC, SCARANO ARCHITECT PLLC F/K/A SCARANO & ASSOCIATES ARCHITECTS, CORCORAN GROUP-BROOKLYN, ROYAL ROOFING AND CONSTRUCTION, INC., and NAMIK MARKE A/K/A MIKE MARKE, Defendant.

Supreme Court of the State of New York, Kings County.

Decided August 26, 2008.

Attorney(s) appearing for the Case

For the Plaintiff(s): DANIEL F. SPITALNIC, ESQ., New York, New York.

For the Defendant(s): 240/242 Franklin Avenue LLC, Royal Roofing & Construction, Inc., & Namik Marke a/k/a Mike Marke, GABOR & MAROTTA, LLC, Staten Island, New York.

For the Defendant(s): Scarano Architects PLLC, ZETLIN & DE CHIARA, LLP., New York, New York.

No appearance by remaining defendant.

JAMES G. STARKEY, J.

FACTS AND PROCEDURAL BACKGROUND

Defendant Scarano Architect, PLLC (hereinafter "Architect") moves pursuant to CPLR §3211(a)(1) and §3211 (a) (7) for an order dismissing three of plaintiff's causes of action against it. Defendant Architect claims that plaintiff cannot sustain either a breach of contract or a negligence claim against it for economic loss damages absent privity or its functional equivalent and that...

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