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EXCELSIOR CAPITAL, LLC v. SUPERIOR BROADCASTING COMPANY, INC.

2009-08833, 2010-03430.

82 A.D.3d 696 (2011)

918 N.Y.S.2d 148

EXCELSIOR CAPITAL, LLC, Appellant, et al., Plaintiff, v. SUPERIOR BROADCASTING COMPANY, INC., Defendant, and C. ROBERT ALLEN III et al., Respondents.

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

Decided March 1, 2011.

Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the amended judgment; and it is further,

Ordered that the amended judgment is reversed insofar as appealed from, on the law, with costs, the motion of the defendants C. Robert Allen III, and Luke Allen pursuant to CPLR 4401 for judgment as a matter of law on the ninth, thirteenth, and seventeenth causes of action is denied, the ninth, thirteenth, and seventeenth causes of action...

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