GEO HOTEL CO., INC. v. CITY OF OSWEGO

Opinion

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

1372 CA 14-00551 PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND DEJOSEPH, JJ.

GEO HOTEL CO., INC., ALSO KNOWN AS GEO HOTEL, INC., ALSO KNOWN AS GEO HOTEL CORP., AND CANALVIEW DEVELOPMENT, LLC, PLAINTIFFS-APPELLANTS,

V MEMORANDUM AND ORDER

CITY OF OSWEGO, COMMON COUNCIL OF CITY OF OSWEGO, HONORABLE THOMAS W. GILLEN, AS MAYOR OF CITY OF OSWEGO, AND SRE MIDTOWN ACQUISITIONS, LLC, ALSO KNOWN AS SRE MIDTOWN GARAGE ACQUISITIONS, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

THE STEELE LAW FIRM, P.C., OSWEGO (KIMBERLY A. STEELE OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

BOND, SCHOENECK & KING, PLLC, OSWEGO (DOUGLAS M. MCRAE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS CITY OF OSWEGO, COMMON COUNCIL OF CITY OF OSWEGO AND HONORABLE THOMAS W. GILLEN, AS MAYOR OF CITY OF OSWEGO.

BOUSQUET HOLSTEIN PLLC, SYRACUSE (ROBERT K. WEILER OF COUNSEL), FOR DEFENDANT-RESPONDENT SRE MIDTOWN ACQUISITIONS, LLC, ALSO KNOWN AS SRE MIDTOWN GARAGE ACQUISITIONS, LLC.

Appeal from an order and judgment (one paper) of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered March 11, 2014. The order and judgment, inter alia, granted the cross motion of defendants to dismiss the complaint.

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

Same Memorandum as in Riverview Dev. LLC v City of Oswego ([appeal No. 1] ___ AD3d ___ [Feb. 6, 2015]).

Entered: February 6, 2015 Frances E. Cafarell Clerk of the Court