| Board of Mgrs. of W. Amherst Off. Park Condominium v RMFSG, LLC |
| 2017 NY Slip Op 06772 [153 AD3d 1613] |
| September 29, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Board of Managers of West Amherst Office Park
Condominium, Appellant, v RMFSG, LLC, Respondent, et al., Defendants. (Appeal No. 2.) |
Phillips Lytle LLP, Rochester (Anthony J. Iacchetta of counsel), for plaintiff-appellant.
Rodney A. Giove, Niagara Falls, for defendant-respondent.
Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), entered November 10, 2016. The order denied plaintiff's motion seeking, inter alia, summary judgment.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Board of Mgrs. of W. Amherst Off. Park Condominium v RMFSG, LLC ([appeal No. 1] 153 AD3d 1611 [2017]). Present—Whalen, P.J., Peradotto, Lindley, NeMoyer and Curran, JJ.