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RIDGE SENECA PLAZA v. BP PRODUCTS NORTH AMERICA

No. 06-CV-6333 CJS.

820 F.Supp.2d 461 (2011)

RIDGE SENECA PLAZA, LLC, Plaintiff, v. BP PRODUCTS NORTH AMERICA, East Ridge Enterprises, Inc., First Allied Shopping Center, L.P. and Fisher Associates, P.E., L.S., P.C., Defendants. Fisher Associates, P.E., L.S., P.C., Cross-Claimant, v. BP Products North America, Inc., East Ridge Enterprises, Inc., First Allied Shopping Center, L.P. and Fisher Associates, P.E., L.S., P.C., Cross-Defendants.

United States District Court, W.D. New York.

May 3, 2011.

Attorney(s) appearing for the Case

Alan J. Knauf, Esq., Knauf Shaw LLP, Rochester, NY, for Plaintiff.

Beryl Nusbaum, Esq., Woods Oviatt Gilman LLP, Rochester, NY, for defendant First Allied Shopping Center, LLP.

DECISION AND ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This case, brought by Ridge Seneca Plaza, LLC ("Ridge Seneca") is before the Court on a motion for summary judgment (Docket No. 104) filed by First Allied Shopping Center, L.P. ("First Allied").1 For the reasons stated below, the Court grants the application.

FACTUAL BACKGROUND

Pursuant to Western...

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