DDR Real Estate Servs., Inc. v Burnham Pac. Props., Inc.
2004 NY Slip Op 08546 [12 AD3d 1182]
November 19, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Thursday, April 28, 2005
DDR Real Estate Services, Inc. v Burnham Pacific Properties, Inc.
DDR Real Estate Services, Inc., Appellant, v Burnham Pacific Properties, Inc., et al., Respondents.
—[*1]Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered August 29, 2003. The order granted defendants' motion for an order dismissing the action for lack of subject matter jurisdiction.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in decision at Supreme Court (DDR Real Estate Servs., Inc. v Burnham Pacific Props., Inc., 1 Misc 3d 802 ). Present—Pine, J.P., Hurlbutt, Scudder, Martoche and Lawton, JJ.