HOWARD v. RESERVE AT SPAULDING GREEN

1024 CA 23-00378.

2024 NY Slip Op 01463

RON HOWARD AND LISA HOWARD, Plaintiffs-Appellants, v. THE RESERVE AT SPAULDING GREEN AND JUREK CUSTOM BUILDERS, Defendants-Respondents.

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

Decided March 15, 2024.


Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( HUGH M. RUSS, III , OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

SCHOP POWELL & ASSOCIATES, WILLIAMSVILLE ( DONALD G. POWELL OF COUNSEL), FOR DEFENDANT-RESPONDENT THE RESERVE AT SPAULDING GREEN.

LAW OFFICE OF RALPH C. LORIGO, WEST SENECA ( FRANK J. JACOBSON OF COUNSEL), FOR DEFENDANT-RESPONDENT JUREK CUSTOM BUILDERS.

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, GREENWOOD, AND DELCONTE, JJ.


Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered November 30, 2022. The order granted the motions of defendants to dismiss the complaint and dismissed the complaint.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motions in part and reinstating the first cause of action and as modified the order is affirmed without costs.

Memorandum:

Plaintiffs own a condominium...

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