CANANDAIGUA NATL. BANK & TRUST CO. v. ACQUEST S. PARK, LLC

993 CA 18-02154.

178 A.D.3d 1374 (2019)

2019 NY Slip Op 09130

Canandaigua National Bank and Trust Company, Plaintiff, v. Acquest South Park, LLC, et al., Defendants, and Kingsbury Corporation, Appellant/Third-Party Plaintiff-Appellant. William L. Huntress, Third-Party Defendant-Respondent.

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

Decided December 20, 2019.


Attorney(s) appearing for the Case

UNDERBERG & KESSLER LLP, ROCHESTER ( THOMAS F. KNAB OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( R. ANTHONY RUPP, III , OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Lindley, DeJoseph, NeMoyer and Troutman, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied in its entirety, and the first cross claim of defendant-third-party plaintiff is reinstated against third-party defendant.

Memorandum: Defendant-third-party plaintiff, Kingsbury Corporation (Kingsbury), appeals from an order insofar as it granted that part of the motion of third-party defendant, William L. Huntress, seeking summary judgment...

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