Kappell v WHEC-TV, LLC
2021 NY Slip Op 04893 [197 AD3d 1023]
August 26, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 6,, 2021


[*1]
 Jeremy Kappell, Appellant,
v
WHEC-TV, LLC, et al., Respondents.

Ricotta & Marks, P.C., Long Island City (Thomas Ricotta of counsel), for plaintiff-appellant.

Nixon Peabody LLP, Rochester (Christopher D. Thomas of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (William K. Taylor, J.), entered March 16, 2020. The order, insofar as appealed from, granted the motion of defendants to dismiss the amended complaint, dismissed the amended complaint and denied the cross motion of plaintiff for leave to amend the amended 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 (2020 NY Slip Op 34555[U] [Sup Ct, Monroe County 2020]). Present—Centra, J.P., Peradotto, NeMoyer, Curran and DeJoseph, JJ.