ELLICOTTVILLE INN CONDOMINIUM ASSN. v. KEMPISTY

705 CA 22-01464.

221 A.D.3d 1467 (2023)

198 N.Y.S.3d 454

2023 NY Slip Op 05826

Ellicottville Inn Condominium Association, Respondent, v. Brian D. Kempisty, Appellant. (Appeal No. 2.)

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 a judgment of the Cattaraugus County Court (Ronald D. Ploetz, J.), entered July 27, 2022. The judgment awarded plaintiff the sum of $2,500 with interest.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum: By motion for summary judgment in lieu of complaint (see CPLR 3213), plaintiff moved for judgment in the amount of $2,500.00, plus interest, pursuant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases