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Altshuler Shaham Provident Funds, Ltd v. Gml Tower LLC

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


April 29, 2011

ALTSHULER SHAHAM PROVIDENT FUNDS, LTD.,
PLAINTIFF-APPELLANT,
v.
GML TOWER LLC, ET AL., DEFENDANTS, THE PIKE COMPANY, INC.,
THE HAYNER HOYT CORPORATION AND SYRACUSE MERIT ELECTRIC, A DIVISION OF O'CONNELL ELECTRIC CO., INC.,
DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered May 20, 2010.

Altshuler Shaham Provident Funds, Ltd. v Gml Tower LLC

Decided on April 29, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., CENTRA, SCONIERS, AND GREEN, JJ.

The order granted the motions of defendants The Pike Company, Inc., The Hayner Hoyt Corporation and Syracuse Merit Electric, a Division of O'Connell Electric Co., Inc., for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court (Altshuler Shaham Provident Funds, Ltd. v GML Tower, LLC, 28 Misc 3d 475). We add only that we do not address plaintiff's contentionthat the 2007 Loan Agreement was a preliminary agreement that expired before the mortgage at issue was filed. That contention is raised for the first time on appeal and " could have been obviated or cured by factual showings or legal countersteps' " in Supreme Court (Oram v Capone, 206 AD2d 839, 840).

Entered: April 29, 2011

Patricia L. Morgan Clerk of the Court

20110429

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