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ELLICOTTVILLE INN CONDOMINIUM ASSN. v. KEMPISTY

704 CA 22-01463.

221 A.D.3d 1467 (2023)

198 N.Y.S.3d 449

2023 NY Slip Op 05825

Ellicottville Inn Condominium Association, Respondent, v. Brian D. Kempisty, Appellant. (Appeal No. 1.)

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( JUSTIN L. HENDRICKS OF COUNSEL), FOR DEFENDANT-APPELLANT.

PETERS & MORIARTY, PC, ELLICOTTVILLE ( KATHLEEN MORIARTY FLEMING OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Montour, Greenwood, Nowak and DelConte, JJ.

Appeal from an order of the Cattaraugus County Court (Ronald D. Ploetz, J.), entered July 14, 2022. The order granted plaintiff's motion for summary judgment in lieu of complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988, 988 [4th Dept 1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 A.D.2d...

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