Ellison Hgts. Homeowners Assn., Inc. v Ellison Hgts. LLC

Ellison Hgts. Homeowners Assn., Inc. v Ellison Hgts. LLC 2013 NY Slip Op 08686 Released on December 27, 2013 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND WHALEN, JJ.
1194 CA 12-02343

[*1]ELLISON HEIGHTS HOMEOWNERS ASSOCIATION, INC., PLAINTIFF-APPELLANT,

v

ELLISON HEIGHTS LLC AND TOWN OF PENFIELD, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)


Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (William P. Polito, J.), entered December 3, 2012. The order and judgment denied the motion of plaintiff for leave to amend its amended complaint.


HARRIS BEACH PLLC, PITTSFORD (DOUGLAS A. FOSS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
NIXON PEABODY LLP, ROCHESTER (CHRISTOPHER D. THOMAS OF COUNSEL), FOR DEFENDANT-RESPONDENT ELLISON HEIGHTS LLC.
MCCONVILLE, CONSIDINE, COOMAN & MORIN, P.C., ROCHESTER (PETER J. WEISHAAR OF COUNSEL), FOR DEFENDANT-RESPONDENT TOWN OF PENFIELD.


It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

Same Memorandum as in Ellison Hgts. Homeowners Assoc., Inc. v Ellison Hgts. LLC ([appeal No. 1] ___ AD3d ___ [Dec. 27, 2013]).
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court