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  5. 217 A.D.3d 1433 (2023)
 

FIELDS ENTERS. INC. v. BRISTOL HARBOUR VIL. ASSN., INC.

1008 CA 21-01512.

217 A.D.3d 1433 (2023)

191 N.Y.S.3d 856

2023 NY Slip Op 03165

Fields Enterprises Inc. et al., Appellants, v. Bristol Harbour Village Association, Inc., et al., Respondents.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

KNAUF SHAW LLP, ROCHESTER ( ALAN J. KNAUF of counsel), FOR PLAINTIFFS-APPELLANTS.

RUPP BAASE PFALZGRAF CUNNINGHAM, BUFFALO ( MATTHEW C. LENAHAN OF COUNSEL), FOR DEFENDANT-RESPONDENT BRISTOL HARBOUR VILLAGE ASSOCIATION, INC.

Present—Whalen, P.J., Peradotto, Bannister and Montour, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Ontario County (J. Scott Odorisi, J.), entered September 10, 2021. The judgment, inter alia, denied the motion of plaintiffs for partial summary judgment and granted in part the cross-motion of defendant Bristol Harbour Village Association, Inc., for partial summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the cross-motion insofar...

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