McDonald v Whitney Highland Homeowners' Assn., Inc.
2018 NY Slip Op 00931 [158 AD3d 1231]
February 9, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2018


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 Terri A. McDonald, Appellant, v Whitney Highland Homeowners' Association, Inc., et al., Respondents. (Appeal No. 2.)

Law Office of Frank G. Montemalo, PLLC, Rochester (Frank G. Montemalo of counsel), for plaintiff-appellant.

Osborn, Reed & Burke, LLP, Rochester (Aimee Lafever Koch of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered September 22, 2016. The order, inter alia, granted the motion of defendants to the extent it sought dismissal of the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2016 NY Slip Op 51906[U]). Present—Whalen, P.J., Peradotto, DeJoseph, NeMoyer and Troutman, JJ.