Carpe Diem Dev. Group, LLC v City of Buffalo

Carpe Diem Dev. Group, LLC v City of Buffalo 2007 NY Slip Op 04929 [41 AD3d 1191] June 8, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 15, 2007

Carpe Diem Development Group, LLC, Respondent-Appellant, v City of Buffalo, Appellant-Respondent.

—[*1] Brown & Kelly, LLP, Buffalo (Judith A. Biltekoff of counsel), for defendant-appellant-respondent.

Law Office of Ralph C. Lorigo, West Seneca (Ralph C. Lorigo of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered October 27, 2006. The order granted in part defendant's motion for summary judgment and dismissed the second and third causes of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, P.J., Gorski, Martoche, Smith and Green, JJ.