UNIVERSITY SQ. SAN ANTONIO, TX. LLC v. MEGA FURNITURE DEZAVALA, LLC

681 CA 23-00088.

221 A.D.3d 1454 (2023)

198 N.Y.S.3d 456

2023 NY Slip Op 05816

University Square San Antonio, Tx. LLC, Respondent, v. Mega Furniture Dezavala, LLC, et al., Appellants, et al., Defendants.

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

Decided November 17, 2023.


Attorney(s) appearing for the Case

BARCLAY DAMON LLP, BUFFALO ( MICHAEL E. FERDMAN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

HARRIS BEACH PLLC, PITTSFORD ( DALE A. WORRALL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Lindley, Ogden and Nowak, JJ.


Appeal from an order of the Supreme Court, Monroe County (Victoria M. Argento, J.), entered November 4, 2022. The order, inter alia, denied the motion of defendants-appellants for summary judgment and granted the cross-motion of plaintiff for, among other things, summary judgment on its first and second causes of action.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties,

It is hereby ordered that said appeal...

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