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Cullenwood Farms, LLC v. Western New York Land Conservancy

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


October 2, 2009

CULLENWOOD FARMS, LLC, PLAINTIFF-APPELLANT,
v.
WESTERN NEW YORK LAND CONSERVANCY, INC., DEFENDANT-RESPONDENT. (ACTION NO. 1.)
WESTERN NEW YORK LAND CONSERVANCY, INC., PLAINTIFF-RESPONDENT,
v.
JOHN S. CULLEN AND CULLENWOOD FARMS, LLC, DEFENDANTS-APPELLANTS. (ACTION NO. 2.) (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered March 24, 2008 in a trespass action. The order, among other things, precluded defendants John S. Cullen and Cullenwood Farms, LLC from introducing certain evidence at trial.

PRESENT: MARTOCHE, J.P., CENTRA, PERADOTTO, AND GREEN, JJ.

ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see CPLR 5501 [a] [1]).

20091002

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