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BLUE RIDGE FARMS, INC., et al., Respondents, v. THOMAS KONTOGIANNIS et al., Defendants, ANNETTE APERGIS et al., Appellants, and JUNE SIEGEL, Respondent.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Supreme Court properly denied those branches of the motion of the appellants Annette Apergis, Chloe Kontogiannis, Georgia Kontogiannis, Lisa DiPinto, Andrew Themis, Chloe Foods S.A., Anperg Inc., 3301 Atlantic Avenue LLC, BRF Acquisition LLC, Cross Island Plaza Inc., Edgewater Development Inc., Parkview Financial Center Inc., Parkview Center Inc., and Plaza Real Estate Holdings Inc. which were pursuant to CPLR 3211 (a) (1), (5), (7) and (10) to dismiss the sixth, seventh, eighth, nineteenth, and twentieth causes of action insofar as asserted against them ( see Chung v Wang, 79 AD3d 693, 694; Plumitallo v Hudson Atl. Land Co., LLC, 74 AD3d 1038, 1039; Matter of Bolin v Nassau County Bd. of Coop. Educ. Servs., 52 AD3d 704, 707; cf. Yenrab, Inc. v 794 Linden Realty, LLC, 68 AD3d 755, 758). Additionally, the Supreme Court properly denied, at this juncture, those branches of the motion which were to dismiss the second, third, and fourth causes of action ( see CPLR 3211 [a] [3]).

Furthermore, the Supreme Court properly denied those branches of the motion of the appellants Annette Apergis, Chloe Kontogiannis, Georgia Kontogiannis, Lisa DiPinto, Andrew Themis, Chloe Foods S.A., Anperg Inc., 3301 Atlantic Avenue LLC, BRF Acquisition LLC, Cross Island Plaza Inc., and Edgewater Development Inc. which were to dismiss the cross claims of the defendant June Siegel insofar as asserted against them ( see Mahler v Campagna, 60 AD3d 1009, 1011-1012; Eveready Ins. Co. v Asante, 153 AD2d 874).

The Supreme Court did not improvidently exercise its discretion in denying the appellants' alternative requests to stay all proceedings relating to the subject causes of action and cross claims insofar as asserted against them ( see CPLR 2201; Fleet Nat'l. Bank v Marrazzo, 23 AD3d 337, 338).

[Prior Case History: 26 Misc 3d 1206(A), 2009 NY Slip Op 52673(U).]

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BLUE RIDGE FARMS v. KONTOGIANNIS
(Apr 26, 2011)