Pohlman v Madia

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Pohlman v Madia 2015 NY Slip Op 09552 Decided on December 23, 2015 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.

Decided on December 23, 2015
PRESENT: SCUDDER, P.J., SMITH, LINDLEY, VALENTINO, AND WHALEN, JJ. (Filed Dec. 23, 2015.)
MOTION NO. (1009/15) CA 15-00392.

[*1]TODD T. POHLMAN AND TMAC HOLDINGS, LLC, PLAINTIFFS-RESPONDENTS,

v

MICHAEL R. MADIA, JOSEPH J. MADIA, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.

MEMORANDUM AND ORDER

Motion insofar as it seeks leave to reargue is granted to the extent that, upon reargument, the memorandum and order entered October 9, 2015 (132 AD3d 1370) is amended by deleting the words "Grand Island" from the first sentence of the first paragraph of the memorandum and substituting in place thereof the words "Michigan Avenue in the City of Buffalo"; and motion insofar as it seeks in the alternative leave to appeal to the Court of Appeals is denied.