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KAPLAN v. MENLO REALTY INCOME PROPERTIES 28, LLC

503 CA 22-00765.

218 A.D.3d 1306 (2023)

192 N.Y.S.3d 407

2023 NY Slip Op 04049

David Kaplan et al., Appellants, v. Menlo Realty Income Properties 28, LLC, Now Known as Realty Income Properties 28, LLC, et al., Appellants, and 9187 Group, LLC, et al., Respondents, et al., Defendants. (Appeal No. 2.)

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

SEGAR & SCIORTINO PLLC, ROCHESTER ( STEPHEN A. SEGAR OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE ( KAREN G. FELTER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

RICOTTA, MATTREY, CALLOCCHIA, MARKEL & CASSERT, BUFFALO ( JILL L. CASSERT OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Lindley, J.P., Curran, Montour and Ogden, JJ.

Appeals from an order of the Supreme Court, Monroe County (Sam L. Valleriani, J.), entered April 26, 2022. The order granted the motion of defendants 9187 Group, LLC and 10 Ellicott Square Court Corporation for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Kaplan v Menlo Realty Income Props. 28, LLC ([appeal No. 1] 218 A.D.3d 1301 [4th...

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