GALSTER RD. PROPS., LLC v. PENSKE TRUCK LEASING CO., L.P.

1241 CA 20-00639.

195 A.D.3d 1502 (2021)

145 N.Y.S.3d 490

2021 NY Slip Op 03788

Galster Road Properties, LLC, et al., Respondents, v. Penske Truck Leasing Co., L.P., Appellant.

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

Decided June 11, 2021.


Attorney(s) appearing for the Case

HANCOCK ESTABROOK, LLP, SYRACUSE ( JAMES P. YOUNGS OF COUNSEL), FOR DEFENDANT-APPELLANT.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( ELIZABETH A. HOFFMAN , OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Lindley, J.P., NeMoyer, Troutman and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action asserting, inter alia, a cause of action for breach of contract arising from defendant's alleged failure to pay real estate taxes pursuant to a lease agreement between the parties. Defendant moved to dismiss that cause of action, submitting in support of its motion a general release that the parties signed upon termination of the...

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