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Robert Berkley Physical Therapy, P.C. v. Historic Woodruff Block, LLC

Supreme Court of New York, Fourth Department

February 14, 2014

Robert Berkley Physical Therapy, P.C., PLAINTIFF-RESPONDENT,
v.
The Historic Woodruff Block, LLC, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered March 20, 2012. The order granted the motion of plaintiff for summary judgment, affirmed plaintiff's rejection of the parties' lease, and dismissed defendant's counterclaims.

RICHARD PALMA, NEW YORK CITY, FOR DEFENDANT-APPELLANT.

BOND, SCHOENECK & KING, PLLC, OSWEGO (SCOTT J. DELCONTE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 A.D.2d 566, 567; see also CPLR 5501 [a] [1]).


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