Phillips v Henry B's Inc.
2011 NY Slip Op 00884 [81 AD3d 1311]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


Jason Phillips et al., Plaintiffs, v Henry B's Inc. et al., Defendants, and Jon W. Buchwald, Individually and as Owner of Property at 86 Fall Street, Appellant. (Action No. 1.) Jason Phillips et al., Plaintiffs,
v
Village of Seneca Falls, Respondent. (Action No. 2.)

—[*1] Costello, Cooney & Fearon, PLLC, Syracuse (Maureen G. Fatcheric of counsel), for defendant-appellant.

Webster Szanyi LLP, Buffalo (Ryan G. Smith of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered January 28, 2010. The order, insofar as appealed from, granted the motion of defendant Village of Seneca Falls for summary judgment dismissing the complaint and all cross claims against it and denied the cross motion of defendant Jon W. Buchwald, individually and as owner of property at 86 Fall Street, for leave to serve an amended answer.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Fahey, Peradotto, Lindley and Martoche, JJ.