JARGIELLO v. AYER DEV., LLC

No. 459 CA 20-00085.

197 A.D.3d 920 (2021)

153 N.Y.S.3d 306

2021 NY Slip Op 04828

Dinah Lee Jargiello, Respondent, v. Ayer Development, LLC, et al., Respondents-Appellants, and The Estate of Nathan Benderson, Deceased, et al., Appellants, et al., Respondent.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( THOMAS A. DIGATI OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( CHRISTOPHER R. BITAR OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

NASH CONNORS, P.C., BUFFALO ( PHILIP M. GULISANO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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


It is hereby ordered that said appeal by defendants the Estate of Nathan Benderson and Benderson Development Company, LLC from the order insofar as it granted those parts of the motion of defendants Ayer Development, LLC, Dennis Ayer, and Bonita Ayer and the cross motion of defendant Evensong Management, Inc. seeking summary judgment dismissing the amended complaint against them is unanimously dismissed, and the order is modified on the law by denying that part of the motion...

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