Rissone v Flanigen
2020 NY Slip Op 01772 [181 AD3d 1202]
March 13, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2020


[*1]
 Robert Rissone et al., Appellants,
v
David Flanigen et al., Respondents.

Lacy Katzen LLP, Rochester (John T. Refermat of counsel), for plaintiffs-appellants.

Kenney Shelton Litpak Nowak LLP, Jamesville (Lauren M. Miller of counsel), for defendant-respondent David Flanigen.

Underberg & Kessler LLP, Rochester (David M. Tang of counsel), for defendants-respondents Harbor Hill Subdivision Association, Inc. and another.

Appeal from an order of the Supreme Court, Monroe County (Daniel J. Doyle, J.), entered February 13, 2019. The order, among other things, granted in part the motion of defendants Harbor Hill Subdivision Association, Inc. and Board of Directors of Harbor Hill Subdivision Association, Inc., for summary judgment, denied plaintiffs' cross motion to amend their complaint, and granted plaintiffs summary judgment on the cause of action for breach of contract.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Peradotto, Winslow, Bannister and DeJoseph, JJ.