Grove Place Townhomes, LLC v Woodlark Props., II, LP
2012 NY Slip Op 06476 [98 AD3d 1308]
September 28, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2012


Grove Place Townhomes, LLC, Appellant, v Woodlark Properties, II, LP, Respondent.

—[*1] Fix Spindelman Brovitz & Goldman, P.C., Fairport (Reuben Ortenberg of counsel), for plaintiff-appellant.

Phillips Lytle LLP, Buffalo (Thomas R. Chiavetta of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered March 1, 2011 in a breach of contract action. The order, among other things, granted defendant's motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.