American Tower Asset Sub, LLC v Buffalo-Lake Erie Wireless Sys., Co., LLC
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American Tower Asset Sub, LLC v Buffalo-Lake Erie Wireless Sys., Co., LLC
2013 NY Slip Op 08749
Released on December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 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: CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.
1297 CA 13-00507
[*1]AMERICAN TOWER ASSET SUB, LLC AND AMERICAN TOWER ASSET SUB II, LLC, PLAINTIFFS-RESPONDENTS,
v
BUFFALO-LAKE ERIE WIRELESS SYSTEMS, CO., LLC, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered August 3, 2012. The order, among other things, granted the motion of plaintiffs for partial summary judgment dismissing the first counterclaim and denied the cross motion of defendant for partial summary judgment.
LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (THOMAS J. GAFFNEY OF COUNSEL), AND HOFFNER PLLC, NEW YORK CITY, FOR DEFENDANT-APPELLANT.
MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP, NEW YORK CITY (WILLIAM N. AUMENTA OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court
Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.
1297 CA 13-00507
[*1]AMERICAN TOWER ASSET SUB, LLC AND AMERICAN TOWER ASSET SUB II, LLC, PLAINTIFFS-RESPONDENTS,
v
BUFFALO-LAKE ERIE WIRELESS SYSTEMS, CO., LLC, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered August 3, 2012. The order, among other things, granted the motion of plaintiffs for partial summary judgment dismissing the first counterclaim and denied the cross motion of defendant for partial summary judgment.
LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (THOMAS J. GAFFNEY OF COUNSEL), AND HOFFNER PLLC, NEW YORK CITY, FOR DEFENDANT-APPELLANT.
MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP, NEW YORK CITY (WILLIAM N. AUMENTA OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court
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