Violet Realty, Inc. v Gerster Sales & Serv., Inc.

Violet Realty, Inc. v Gerster Sales & Serv., Inc. 2015 NY Slip Op 03640 Decided on May 1, 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 May 1, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
378 CA 14-00656

[*1]VIOLET REALTY, INC., PLAINTIFF-APPELLANT,

v

GERSTER SALES & SERVICE, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered August 13, 2013. The order, insofar as appealed from, granted that part of the motion of defendant seeking summary judgment dismissing the first cause of action for fraudulent inducement.

HISCOCK & BARCLAY, LLP, BUFFALO (MICHAEL E. FERDMAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MAGAVERN MAGAVERN GRIMM LLP, NIAGARA FALLS (SEAN J. MACKENZIE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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

Same memorandum as in Violet Realty, Inc. v Gerster Sales & Serv., Inc. ([appeal No. 2] ___ AD3d ___ [May 1, 2015]).

Entered: May 1, 2015

Frances E. Cafarell

Clerk of the Court