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LENTNER v. UPSTATE FORESTRY & DEV., LLC

829 CA 22-01498.

222 A.D.3d 1369 (2023)

201 N.Y.S.3d 835

2023 NY Slip Op 06626

Joanne C. Lentner et al., Respondents, v. Upstate Forestry and Development, LLC, et al., Appellants, and McDonough Hardwoods, Ltd., et al., Respondents, et al., Defendants.

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

Decided December 22, 2023.

Attorney(s) appearing for the Case

GERBER CIANO KELLY BRADY LLP, BUFFALO (DAVID P. JOHNSON OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CHENEY LAW FIRM, PLLC, GENEVA (DAVID D. BENZ OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

WILLARD R. PRATT, III, SYLVAN BEACH, FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Bannister, Greenwood, Nowak and DelConte, JJ.

Appeal from an order of the Supreme Court, Herkimer County (Charles C. Merrell, J.), entered August 22, 2022. The order, among other things, denied the motion of defendants Upstate Forestry and Development, LLC, and Charles Nowack for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the complaint against defendant Charles Nowack and dismissing the first, third, fourth...

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