Board of Mgrs. of W. Amherst Off. Park Condominium v RMFSG, LLC
Annotate this CaseDecided on September 29, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, NEMOYER, AND CURRAN, JJ.
996 CA 17-00336
[*1]BOARD OF MANAGERS OF WEST AMHERST OFFICE PARK CONDOMINIUM, PLAINTIFF-APPELLANT,
v
RMFSG, LLC, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 2.)
PHILLIPS LYTLE LLP, ROCHESTER (ANTHONY J. IACCHETTA OF COUNSEL), FOR PLAINTIFF-APPELLANT.
RODNEY A. GIOVE, NIAGARA FALLS, FOR DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), entered November 10, 2016. The order denied plaintiff's motion seeking, inter alia, summary judgment.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Board of Mgrs. of W. Amherst Off. Park Condominium v RMFSG, LLC ([appeal No. 1] ___ AD3d ___ [Sept. 29, 2017]).
Entered: September 29, 2017
Mark W. Bennett
Clerk of the Court
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