Ellison Hgts. Homeowners Assn., Inc. v Ellison Hgts. LLC
2013 NY Slip Op 08686 [112 AD3d 1307]
December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


Ellison Heights Homeowners Association, Inc., Appellant, v Ellison Heights LLC, et al., Respondents, et al., Defendants. (Appeal No. 2.)

—[*1] Harris Beach PLLC, Pittsford (Douglas A. Foss of counsel), for plaintiff-appellant.

Nixon Peabody LLP, Rochester (Christopher D. Thomas of counsel), for defendant-respondent Ellison Heights LLC.

McConville, Considine, Cooman & Morin, P.C., Rochester (Peter J. Weishaar of counsel), for defendant-respondent Town of Penfield.

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (William P. Polito, J.), entered December 3, 2012. The order and judgment denied the motion of plaintiff for leave to amend its amended complaint.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Ellison Hgts. Homeowners Assoc., Inc. v Ellison Hgts. LLC (112 AD3d 1302 [2013]). Present—Smith, J.P., Centra, Fahey, Carni and Whalen, JJ.