Opinion
July 1, 1996
Appeal from the Supreme Court, Queens County (Lane, J.).
Ordered that the order and judgment is affirmed, with costs.
The plaintiffs commenced this action alleging essentially, inter alia, that the negligent inspection of their house by the defendant Alvin Hausman caused them to underestimate the damage to the house caused by the construction company which built it, Briarcliff Contemporaries, Inc. (hereinafter Briarcliff). Thus, according to the plaintiffs, they commenced an action against Briarcliff for an amount insufficient to remedy the defects. The plaintiffs then settled with Briarcliff, but breached the settlement agreement. The plaintiffs' case against Briarcliff was, therefore, dismissed with prejudice ( see, Rapp v. Briarcliff Contemporaries, 190 A.D.2d 785). The plaintiffs then commenced this action, among others, attempting to recoup their losses on the house due to the defects which exist. The defendant Hausman moved for summary judgment, which motion was granted and the complaint insofar as asserted against him was dismissed. We now affirm.
For the reason stated in Rapp v. Lauer ( 229 A.D.2d 383 [decided herewith]), the Supreme Court properly granted Hausman's motion for summary judgment. Bracken, J.P., Thompson, Krausman and Florio, JJ., concur.