Siegel v FDC #2 Corp. (2004 NY Slip Op 04981)

Siegel v FDC #2 Corp.

2004 NY Slip Op 04981 [8 AD3d 1042]

June 14, 2004

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 25, 2004

Susan Siegel, Respondent, v FDC #2 Corp., Doing Business as Enchantments Too, Appellant-Respondent, and Boulevard Mall, LLC, et al., Respondents-Appellants.

—[*1]Appeal and cross appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered March 28, 2003. The order denied the motion of defendants Boulevard Mall, LLC and Boulevard Mall Businessmen's Association, Inc. and the cross motion of defendant FDC #2 Corp., doing business as Enchantments Too, for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Hurlbutt, J.P., Scudder, Gorski, Martoche and Hayes, JJ.