Kaufmann's Carousel, Inc. v Carousel Ctr. Co. LP

Kaufmann's Carousel, Inc. v Carousel Ctr. Co. LP 2018 NY Slip Op 00675 Decided on February 2, 2018 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 2, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.
84 CA 17-00913

[*1]KAUFMANN'S CAROUSEL, INC., PLAINTIFF-RESPONDENT,

v

CAROUSEL CENTER COMPANY LP, DEFENDANT-APPELLANT, ET AL., DEFENDANT.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (NICOLE MARLOW-JONES OF COUNSEL), FOR DEFENDANT-APPELLANT.

HARRIS BEACH PLLC, PITTSFORD (DOUGLAS A. FOSS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Hugh A. Gilbert, J.), entered February 1, 2017. The judgment, inter alia, granted that part of the motion of plaintiff for partial summary judgment declaring that defendant Carousel Center Company LP could not recover from plaintiff legal fees incurred by defendant City of Syracuse Industrial Development Agency.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: February 2, 2018

Mark W. Bennett

Clerk of the Court