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4545 TR. LLC v. ROCKY'S BIG CITY GAMES & SPORTS BAR, INC.

458 CA 20-00282.

195 A.D.3d 1553 (2021)

145 N.Y.S.3d 904

2021 NY Slip Op 03955

4545 Transit LLC, as Assignee of MDC Eastern Hills, LLC, as Successor by Merger to Glenmont MDC Eastern Hills, LLC, Respondent, v. Rocky's Big City Games & Sports Bar, Inc., et al., Appellants.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

COLLIGAN LAW, LLP, BUFFALO ( KEVIN T. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the cross motion in part and dismissing the fourth cause of action insofar as it seeks damages beyond those permitted by the limited guaranty, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages and the possession of chattels after defendant Rocky's Big City Games...

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