EPISCOPAL CHURCH HOME & AFFILIATES LIFE CARE COMMUNITY, INC. v. GATES CIRCLE HOLDINGS, LLC

987 CA 20-01580.

203 A.D.3d 1706 (2022)

165 N.Y.S.3d 798

2022 NY Slip Op 01937

Episcopal Church Home and Affiliates Life Care Community, Inc., Doing Business as Canterbury Woods, Respondent-Appellant, v. Gates Circle Holdings, LLC, Appellant-Respondent.

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

Decided March 18, 2022.


Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (R. ANTHONY RUPP, III, OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

PHILLIPS LYTLE LLP, BUFFALO (TRISTAN D. HUJER OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

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


It is hereby ordered that the order so appealed from is modified on the law by denying that part of the motion seeking attorneys' fees and as modified the order is affirmed without costs.

Memorandum: Defendant appeals and plaintiff cross-appeals from an order that, inter alia, granted in part plaintiff's motion for summary judgment awarding it damages, attorneys' fees, and costs; denied defendant's cross motion for leave to renew its opposition to an earlier summary...

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