Geo Hotel Co., Inc. v City of Oswego

Geo Hotel Co., Inc. v City of Oswego 2015 NY Slip Op 01106 Decided on February 6, 2015 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.

Decided on February 6, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND DEJOSEPH, JJ.
1372 CA 14-00551

[*1]GEO HOTEL CO., INC., ALSO KNOWN AS GEO HOTEL, INC., ALSO KNOWN AS GEO HOTEL CORP., AND CANALVIEW DEVELOPMENT, LLC, PLAINTIFFS-APPELLANTS,

v

CITY OF OSWEGO, COMMON COUNCIL OF CITY OF OSWEGO, HONORABLE THOMAS W. GILLEN, AS MAYOR OF CITY OF OSWEGO, AND SRE MIDTOWN ACQUISITIONS, LLC, ALSO KNOWN AS SRE MIDTOWN GARAGE ACQUISITIONS, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appeal from an order and judgment (one paper) of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered March 11, 2014. The order and judgment, inter alia, granted the cross motion of defendants to dismiss the complaint.

THE STEELE LAW FIRM, P.C., OSWEGO (KIMBERLY A. STEELE OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

BOND, SCHOENECK & KING, PLLC, OSWEGO (DOUGLAS M. MCRAE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS CITY OF OSWEGO, COMMON COUNCIL OF CITY OF OSWEGO AND HONORABLE THOMAS W. GILLEN, AS MAYOR OF CITY OF OSWEGO.

BOUSQUET HOLSTEIN PLLC, SYRACUSE (ROBERT K. WEILER OF COUNSEL), FOR DEFENDANT-RESPONDENT SRE MIDTOWN ACQUISITIONS, LLC, ALSO KNOWN AS SRE MIDTOWN GARAGE ACQUISITIONS, LLC.

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

Same Memorandum as in Riverview Dev. LLC v City of Oswego ([appeal No. 1] ___ AD3d ___ [Feb. 6, 2015]).

Entered: February 6, 2015

Frances E. Cafarell

Clerk of the Court