Gianna T. D. v. 64 W. Chippewa Assoc. LLC

Opinion

Gianna T. D. v 64 W. Chippewa Assoc. LLC

2026 NY Slip Op 04567

July 24, 2026

Appellate Division, Fourth Department

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

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

GIANNA T. D., PLAINTIFF-APPELLANT,

v

64 WEST CHIPPEWA ASSOCIATES LLC, ET AL., DEFENDANTS, AND MASON A. KING, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

97 CA 24-01811

Present: Lindley, J.P., Curran, Ogden, And Greenwood, JJ.

RUPP PFALZGRAF LLC, BUFFALO (R. ANTHONY RUPP, III, OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Dennis E. Ward, J.), entered July 12, 2024. The order, insofar as appealed from, granted the motion of defendant Mason A. King insofar as it sought to preclude plaintiff from calling eight specific witnesses at trial.

[*1]

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

Same memorandum as in Gianna T. D. v 64 W. Chippewa Assoc. LLC ([appeal No. 3] — AD3d — [July 24, 2026] [4th Dept 2026]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court