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Ellison Heights Homeowners Association, Inc. v. Ellison Heights LLC

Supreme Court of New York, Fourth Department

December 27, 2013

ELLISON HEIGHTS HOMEOWNERS ASSOCIATION, INC., PLAINTIFF-APPELLANT,
v.
ELLISON HEIGHTS LLC AND TOWN OF PENFIELD, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (William P. Polito, J.), entered December 3, 2012. The order and judgment denied the motion of plaintiff for leave to amend its amended complaint.

HARRIS BEACH PLLC, PITTSFORD (DOUGLAS A. FOSS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

NIXON PEABODY LLP, ROCHESTER (CHRISTOPHER D. THOMAS OF COUNSEL), FOR DEFENDANT-RESPONDENT ELLISON HEIGHTS LLC.

MCCONVILLE, CONSIDINE, COOMAN & MORIN, P.C., ROCHESTER (PETER J. WEISHAAR OF COUNSEL), FOR DEFENDANT-RESPONDENT TOWN OF PENFIELD.

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND WHALEN, JJ.

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

Same Memorandum as in Ellison Hgts. Homeowners Assoc., Inc. v Ellison Hgts. LLC ([appeal No. 1] ___ A.D.3d ___ [Dec. 27, 2013]).


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