Opinion
543.1 CA 17–01048
08-22-2019
Joanne FRASCA, Plaintiff–Respondent–Appellant, v. LEGEND DEVELOPERS, LLC, David L. Vickers, in his Capacity as an Officer and/or Agent of Legend Developers, LLC and/or Raven Rock Homeowners Association, Inc., Robert M. Carrier, Individually and in his Capacity as an Officer and/or Agent of Legend Developers, LLC and/or Raven Rock Homeowners Associations, Inc., Hogan Engineering, P.C., Timothy Hogan, P.E., Individually and in his Capacity as an Agent of Legend Developers, LLC and/or Raven Rock Homeowners Association, Inc., Raven Rock Homeowners Association, Inc., et al., Defendants–Respondents, David L. Vickers & Sons, and David L. Vickers, Individually, Defendants–Appellants–Respondents. Donald Cardiff, Diana Cardiff, Randy J. Schaal, Trustee of the Estate in Bankruptcy of Patricia Morse, Douglas Singleton, Jan Singleton, Richard Trificana, Martha Trificana, Ellen Sue Sestito, Gloria M. Izzo, Plaintiffs–Respondents–Appellants, et al., Plaintiff, v. Robert M. Carrier, Individually and as Officer/Agent of Legend Developers, LLC, David L. Vickers, as Officer/Agent of Legend Developers, LLC, Legend Developers, LLC, Timothy Hogan, P.E., Individually and as Officer/Agent of Hogan Engineering, P.C., Hogan Engineering, P.C., Jointly and Severally, Defendants–Respondents, and David L. Vickers, Individually, Defendant–Appellant–Respondent. Donald Cardiff, Diane Cardiff, Randy J. Schaal, Trustee of the Estate in Bankruptcy of Patricia Morse, Douglas Singleton, Jan Singleton, Richard Trificana, Martha Trificana, Gloria M. Izzo, Ellen Sue Sestito, Plaintiffs–Respondents–Appellants, et al., Plaintiff, v. Raven Rock Estates Homeowners Association, Inc., Robert M. Carrier, Individually and in his Capacity as an Officer and/or Agent of Raven Rock Estates Homeowners Association, Inc., et al., Defendants–Respondents. (Appeal No. 1.)
SAUNDERS KAHLER, LLP, UTICA (MERRITT S. LOCKE OF COUNSEL), FOR DEFENDANT–APPELLANT–RESPONDENT DAVID L. VICKERS & SONS. BOSMAN LAW FIRM, LLC, ROME (A.J. BOSMAN OF COUNSEL), FOR PLAINTIFFS–RESPONDENTS–APPELLANTS. OSBORN, REED & BURKE, LLP, UTICA (KELLY J. PARE OF COUNSEL), FOR DEFENDANTS–RESPONDENTS DAVID L. VICKERS, IN HIS CAPACITY AS AN OFFICER AND/OR AGENT OF RAVEN ROCK HOMEOWNERS ASSOCIATION, INC., AND ROBERT M. CARRIER, IN HIS CAPACITY AS AN OFFICER AND/OR AGENT OF RAVEN ROCK HOMEOWNERS ASSOCIATIONS, INC. MILBER MAKRIS PLOUSADIS & SEIDEN, LLP, WOODBURY (RICHARD A. LILLING OF COUNSEL), FOR DEFENDANT–RESPONDENT RAVEN ROCK HOMEOWNERS ASSOCIATION, INC. VERSACE LAW OFFICE, P.C., ROME (MEADE H. VERSACE OF COUNSEL), FOR DEFENDANT–RESPONDENT HOGAN ENGINEERING, P.C.
SAUNDERS KAHLER, LLP, UTICA (MERRITT S. LOCKE OF COUNSEL), FOR DEFENDANT–APPELLANT–RESPONDENT DAVID L. VICKERS & SONS.
BOSMAN LAW FIRM, LLC, ROME (A.J. BOSMAN OF COUNSEL), FOR PLAINTIFFS–RESPONDENTS–APPELLANTS.
OSBORN, REED & BURKE, LLP, UTICA (KELLY J. PARE OF COUNSEL), FOR DEFENDANTS–RESPONDENTS DAVID L. VICKERS, IN HIS CAPACITY AS AN OFFICER AND/OR AGENT OF RAVEN ROCK HOMEOWNERS ASSOCIATION, INC., AND ROBERT M. CARRIER, IN HIS CAPACITY AS AN OFFICER AND/OR AGENT OF RAVEN ROCK HOMEOWNERS ASSOCIATIONS, INC.
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP, WOODBURY (RICHARD A. LILLING OF COUNSEL), FOR DEFENDANT–RESPONDENT RAVEN ROCK HOMEOWNERS ASSOCIATION, INC.
VERSACE LAW OFFICE, P.C., ROME (MEADE H. VERSACE OF COUNSEL), FOR DEFENDANT–RESPONDENT HOGAN ENGINEERING, P.C.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs.
Same memorandum as in Sestito v. David L. Vickers & Sons ( [Appeal No. 2] ––– A.D.3d ––––, ––– N.Y.S.3d –––– [Aug. 22, 2019] [4th Dept. 2019] ).