RONALD BENDERSON 1995 TRUST v. ERIE COUNTY MED. CTR. CORP.

21 CA 21-01043.

203 A.D.3d 1554 (2022)

161 N.Y.S.3d 862

2022 NY Slip Op 01627

Ronald Benderson 1995 Trust, Respondent, v. Erie County Medical Center Corporation, Appellant.

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

Decided March 11, 2022.


Attorney(s) appearing for the Case

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

PHILLIPS LYTLE LLP, BUFFALO ( DAVID J. McNAMARA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., NeMoyer, Curran, Winslow and Bannister, JJ.


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

Memorandum: Plaintiff commenced this action seeking damages and declaratory and injunctive relief following the alleged breach of a commercial lease between the parties. Thereafter, plaintiff moved for various forms of injunctive relief. Defendant appeals from an order that, inter alia, granted plaintiff's motion insofar as it sought a preliminary injunction.

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