American Tower Asset Sub, LLC v Buffalo-Lake Erie Wireless Sys., Co., LLC
2013 NY Slip Op 08749 [112 AD3d 1362]
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


American Tower Asset Sub, LCC, et al., Respondents,
v
Buffalo-Lake Erie Wireless Systems, Co., LLC, Appellant.

—[*1] Lippes Mathias Wexler Friedman LLP, Buffalo (Thomas J. Gaffney of counsel) and Hoffner PLLC, New York City, for defendant-appellant.

McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York City (William N. Aumenta of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered August 3, 2012. The order, among other things, granted the motion of plaintiffs for partial summary judgment dismissing the first counterclaim and denied the cross motion of defendant for partial summary judgment.

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