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BOARD OF MGRS. OF THE CARRIAGE HOUSE CONDOMINIUM v. HEALY

Index No. 150491/19. Appeal No. 13968N. Case No. 2020-02425N.

195 A.D.3d 403 (2021)

144 N.Y.S.3d 586

2021 NY Slip Op 03401

The Board of Managers of the Carriage House Condominium, Respondent, v. John A. Healy et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 1, 2021.

Attorney(s) appearing for the Case

Healy LLC, New York ( Valeria Calafiore Healy of counsel), for appellants.

Ropers Mejeski, PC, New York ( Eric C. Weissman of counsel), for respondent.

Concur— Gische, J.P., Webber, Singh, Kennedy, JJ.

Upon defendants' service of a pre-answer motion to dismiss pursuant to CPLR 3211, discovery in the action was automatically stayed (see CPLR 3214[b]), and the record supports the motion court's exercise of discretion in finding that discovery was unwarranted to properly address the motion to dismiss (see generally Jeffers v American Univ. of Antigua, 125 A.D.3d 440 [1st Dept 2015...

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