AFFINITY ELMWOOD GATEWAY PROPS. LLC v. AJC PROPS. LLC

1276 CA 13-00539

113 A.D.3d 1094 (2014)

978 N.Y.S.2d 565

2014 NY Slip Op 19

AFFINITY ELMWOOD GATEWAY PROPERTIES LLC, Respondent, v. AJC PROPERTIES LLC et al., Defendants, and EVELYN BENCINICH et al., Appellants. ARTHUR J. GIACALONE, Appellant. (Appeal No. 1.).

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

Decided January 3, 2014.


Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered February 21, 2013. The order, inter alia, sua sponte precluded nonparty Arthur J. Giacalone, Esq., from communicating with nonparty Kaleida Health concerning the subject matter of this litigation and denied the cross motion of defendants-appellants for sanctions.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the second ordering...

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