WASHINGTON APTS v. OETIKER, INC.

2012/601619

43 Misc.3d 265 (2013)

978 N.Y.S.2d 731

2013 NY Slip Op 23450

WASHINGTON APTS., L.P., Plaintiff, v. OETIKER, INC., et al., Defendants.

Supreme Court, Erie County.

Decided November 18, 2013.


Attorney(s) appearing for the Case

Sedgwick, LLP ( William J. Brennan of counsel) for Oetiker, Inc., defendant.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola, LLC ( Matthew D. Miller of counsel) for Jim Ando Plumbing, Inc., defendant.

Damon & Morey, LLP ( Brian D. Gwitt of counsel) for plaintiff.


OPINION OF THE COURT

TIMOTHY J. WALKER, J.

Defendant Oetiker, Inc. moves, pursuant to CPLR 2221, for leave to renew the court's denial of Oetiker's previous motion to dismiss (the prior motion). Upon the granting of such leave, Oetiker seeks an order dismissing plaintiff's claims against it as a matter of law on the grounds that the first amended complaint fails to state a cause of action against it. In support of its motion for leave to renew, Oetiker alleges...

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