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LANDCO H & L, INC. v. 377 MAIN REALTY, INC.

955 CA 21-00450.

203 A.D.3d 1603 (2022)

161 N.Y.S.3d 886

2022 NY Slip Op 01696

Landco H & L, Inc., Respondent, v. 377 Main Realty, Inc., et al., Appellants, et al., Defendants. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 11, 2022.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, SARATOGA SPRINGS (PHILLIP A. OSWALD OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

MAGAVERN MAGAVERN GRIMM LLP, BUFFALO (RICHARD A. GRIMM, III, OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Carni, Lindley, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is modified on the law by denying those parts of plaintiff's motion seeking leave to file and serve a supplemental summons and amended complaint to add Elena Fu, an individual, as a defendant and to assert a cause of action for conspiracy to commit conversion against her, and as modified the order is affirmed without costs.

Same memorandum as in Landco H & L, Inc. v 377 Main Realty, Inc. ([appeal No....

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