TDA, LLC v. LACEY

986 CA 21-00315.

202 A.D.3d 1474 (2022)

161 N.Y.S.3d 665

2022 NY Slip Op 00779

TDA, LLC, Doing Business as Lacey Heavy Equipment and Truck Center, Respondent, v. George Lacey et al., Appellants.

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

Decided February 4, 2022.


Attorney(s) appearing for the Case

GROSS SHUMAN, P.C., BUFFALO ( CHRISTOPHER D. GALASSO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

ZDARSKY SAWICKI & AGOSTINELLI LLP, BUFFALO ( DAVID E. GUTOWSKI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Carni, J.P., Lindley, NeMoyer, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by striking from the third subparagraph of the first ordering paragraph the language "or removing the Rental Equipment from plaintiff's premises" and as modified the order is affirmed without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Plaintiff and defendants, among others, entered into an Asset Purchase...

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