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VICTORY VIL. TENANTS ASSN., INC. v. EVERGREEN COMMUNITIES, LLC

352 CA 22-00432.

218 A.D.3d 1207 (2023)

193 N.Y.S.3d 790

2023 NY Slip Op 04013

Victory Village Tenants Association, Inc., Respondent, v. Evergreen Communities, LLC, et al., Appellants, et al., Defendants.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

ROWLANDS, LEBROU & GRIESMER, PLLC, SARATOGA SPRINGS ( MICHAEL J. CATALFIMO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

LEGAL ASSISTANCE OF WESTERN NEW YORK, INC., ROCHESTER ( JONATHAN C. PLACITO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Peradotto, Curran, Ogden and Greenwood, JJ.

Appeal from an order of the Supreme Court, Steuben County (Patrick F. McAllister, A.J.), entered February 14, 2022. The order, insofar as appealed from, denied the motion of defendants Evergreen Communities, LLC, and Victory Village MHC, LLC, to dismiss the amended complaint against them.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting in part the motion of defendants Evergreen Communities, LLC, and Victory Village...

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