Healy v EST Downtown, LLC
2021 NY Slip Op 00698 [191 AD3d 1273]
February 5, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2021


[*1]
 James Healy, Respondent,
v
EST Downtown, LLC, c/o First Amherst Development Group, Appellant. (Appeal No. 1.)

Law Offices of John Wallace, Buffalo (James J. Navagh of counsel), for defendant-appellant.

Dolce Panepinto, P.C., Buffalo (Jonathan M. Gorski of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, III, J.), entered July 2, 2019. The order denied in part defendant's motion for summary judgment and granted plaintiff's motion for partial summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051, 1051 [4th Dept 1990]). Present—Peradotto, J.P., Lindley, Curran, Bannister and DeJoseph, JJ. [Prior Case History: 2019 NY Slip Op 33953(U).]