VIOLET REALTY, INC. v. GERSTER SALES & SERV., INC.

379 CA 14-01334

128 A.D.3d 1348 (2015)

6 N.Y.S.3d 896

2015 NY Slip Op 03641

VIOLET REALTY, INC., Respondent-Appellant, v. GERSTER SALES & SERVICE, INC., Respondent-Appellant. (Appeal No. 2.)

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

Decided May 1, 2015.


Appeal and cross appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered July 18, 2014. The order, inter alia, denied the motion of plaintiff for leave to renew, and denied the cross motion of defendant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the cross motion, dismissing the complaint in its entirety, and granting defendant judgment on its counterclaim...

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