Pioneer Warehousing & Distrib., LLC v Rite Aid of N.Y., Inc.
2014 NY Slip Op 00798 [114 AD3d 1168]
February 7, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2014


Pioneer Warehousing and Distribution, LLC, Respondent,
v
Rite Aid of New York, Inc., Appellant.

—[*1] Raven & Kolbe, LLP, New York City (Michael T. Gleason of counsel), for defendant-appellant.

Scolaro, Fetter, Grizanti, McGough & King, P.C., Syracuse (Chaim J. Jaffe of counsel), for plaintiff-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered October 29, 2012. The order and judgment, among other things, granted plaintiff's motion for summary judgment.

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