Robert Berkley Physical Therapy, P.C. v Historic Woodruff Block, LLC
2014 NY Slip Op 01071 [114 AD3d 1277]
February 14, 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


Robert Berkley Physical Therapy, P.C., Respondent,
v
The Historic Woodruff Block, LLC, Appellant. (Appeal No. 1.)

—[*1] Richard Palma, New York City, for defendant-appellant.

Bond, Schoeneck & King, PLLC, Oswego (Scott J. Delconte of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered March 20, 2012. The order granted the motion of plaintiff for summary judgment, affirmed plaintiff's rejection of the parties' lease, and dismissed defendant's counterclaims.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.