Opinion
2003-00858.
Decided May 3, 2004.
In an action, inter alia, to recover money damages for the failure to properly inspect real property, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), entered December 23, 2002, which, upon reargument and renewal, adhered to so much of a prior order of the same court dated September 24, 2002, as granted the motion of the defendants Jean Candelora, Glenn Gabberty, and Glenn Gabberty Associates for summary judgment dismissing the plaintiffs' sixth and seventh causes of action insofar as asserted against those defendants.
Corleto Associates, P.C., White Plains, N.Y. (Anthony B. Corleto and Joelle M. Ehmka of counsel), for appellants.
Ciarelli Dempsey, Riverhead, N.Y. (John L. Ciarelli and Patricia A. Dempsey of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly dismissed the sixth and seventh causes of action insofar as asserted against the defendant appraisers Jena Candelora, Glenn Gabberty, and Glenn Gabberty Associates (hereinafter collectively the appraisers). Those causes of action, in effect, alleged a breach of the appraisers' duty to the plaintiffs. Under the circumstance of this case, the appraisers owed no duty to the plaintiffs ( see generally Chambers v. Executive Mtge. Corp., 229 A.D.2d 416; cf. Rodin Props.-Shore Mall v. Ullman, 264 A.D.2d 367, 367-369). Accordingly, the Supreme Court properly granted the appraisers' motion for summary judgment dismissing the sixth and seventh causes of action insofar as asserted against them.
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.