JOHN D. MASTROBATTISTA PLAINTIFFS, v. RAQUEL MOURA BORGES def, PIER HEAD ASSOCIATES LTD., def-ap, JACQUELINE LICALZI, ETC. def-res

1833-1834. JOHN D. MASTROBATTISTA PLAINTIFFS, v. RAQUEL MOURA BORGES def, PIER HEAD ASSOCIATES LTD., def-ap, JACQUELINE LICALZI, ETC. def-res — Milber Makris Plousadis & Seiden, LLP, Woodbury (Gregory A. Tsonis of counsel), for ap — Sinnreich Kosakoff & Messina LLP, Central Islip (Michael Stanton of counsel), for Jacqueline LiCalzi and Luke LiCalzi, P.E., P.C., res — Schwartzman, Garelik, Walker & Troy, P.C., New York (Donald A. Pitofsky of counsel), for Leila A. Hooper, res — Orders, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about November 12, 2014 and on December 9, 2014, which, to the extent appealed from, dismissed defendant Pier Head Associates Ltd.'s cross claims against codefendants Jacqueline LiCalzi as executrix of the estate of Luke LiCalzi, P.E., and Luke LiCalzi, P.E., P.C., and Leila A. Hooper as executrix of the estate of Karl I. Beitin, respectively, unanimously affirmed, without costs.

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1833-1834. JOHN D. MASTROBATTISTA PLAINTIFFS, v. RAQUEL MOURA BORGES def, PIER HEAD ASSOCIATES LTD., def-ap, JACQUELINE LICALZI, ETC. def-res — Milber Makris Plousadis & Seiden, LLP, Woodbury (Gregory A. Tsonis of counsel), for ap — Sinnreich Kosakoff & Messina LLP, Central Islip (Michael Stanton of counsel), for Jacqueline LiCalzi and Luke LiCalzi, P.E., P.C., res — Schwartzman, Garelik, Walker & Troy, P.C., New York (Donald A. Pitofsky of counsel), for Leila A. Hooper, res — Orders, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about November 12, 2014 and on December 9, 2014, which, to the extent appealed from, dismissed defendant Pier Head Associates Ltd.’s cross claims against codefendants Jacqueline LiCalzi as executrix of the estate of Luke LiCalzi, P.E., and Luke LiCalzi, P.E., P.C., and Leila A. Hooper as executrix of the estate of Karl I. Beitin, respectively, unanimously affirmed, without costs.

In this action arising from the construction of a penthouse on top of defendants Raquel Moura Borges and A2B LLC’s building, the general contractor, defendant Pier Head Associates, Ltd., appeals from so much of the orders of the motion court that dismissed its cross claims against the project engineers, defendants LiCalzi and Beitin. The dispute centers on Pier Head’s decision to use the party walls on both sides to support the vertical extension, allegedly encroaching upon and affecting plaintiffs’ abutting properties. Pier Head asserted cross claims for indemnification and contribution against the engineers, claiming that it was their plans that led to the use of the party walls.

JOHN D. MASTROBATTISTA PLAINTIFFS, v. RAQUEL MOURA BORGES def, PIER HEAD ASSOCIATES LTD., def-ap, JACQUELINE LICALZI, ETC. def-res

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