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MATTER OF EGATE-95, LLC v. FITNESS INTL., LLC

691 CA 21-01433.

208 A.D.3d 1638 (2022)

174 N.Y.S.3d 658

2022 NY Slip Op 05451

In the Matter of Egate-95, LLC, Appellant, v. Fitness International, LLC, Respondent. (Appeal No. 1.)

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

PHILLIPS LYTLE LLP, BUFFALO ( DAVID J. McNAMARA OF COUNSEL), FOR PETITIONER-APPELLANT.

KLEHR HARRISON HARVEY BRANZBURG LLP, PHILADELPHIA, PENNSYLVANIA ( A. GRANT PHELAN , OF THE PENNSYLVANIA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND MAGAVERN MAGAVERN GRIMM LLP, BUFFALO, FOR RESPONDENT-RESPONDENT.

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

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 A.D.2d 985, 985 [4th...

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