Matter of El-Roh Realty Corp.
2008 NY Slip Op 00922 [48 AD3d 1193]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


In the Matter of the Dissolution of El-Roh Realty Corp. Philippe R. Schwimmer, Individually and as Holder of Fifty Percent of the Outstanding Voting Shares of El-Roh Realty Corp., Appellant; Joan Roth et al., Respondents, et al., Respondent. Robert Baldwin, Esq., as Trustee of the Seymour Roth Living Trust, Intervenor-Respondent. (Appeal No. 2.)

—[*1] Latham & Watkins LLP, Chicago, Ill. (James A. Cherney, of the Illinois bar, admitted pro hac vice, of counsel) and Mackenzie Hughes LLP, Syracuse, for petitioner-appellant.

Woods Oviatt Gilman LLP, Rochester (William G. Bauer of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered February 16, 2007. The order denied petitioner's motion for leave to reargue and granted the motion of respondents Joan Roth and Lois Roth, as executrix of the estate of Lewis Roth, deceased, for partial summary judgment on their counterclaim.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in Matter of El-Roh Realty Corp. (48 AD3d 1190 [2008]). Present—Gorski, J.P., Martoche, Smith, Centra and Green, JJ. [See 14 Misc 3d 1212(A), 2007 NY Slip Op 50005(U).]