Millennium of Rochester, Inc. v. Webster Town Post

Appellate Division of the Supreme Court of New York

Millennium of Rochester, Inc. v. Webster Town Post

305 A.D.2d 1019, 758 N.Y.S.2d 586, 2003 N.Y. App. Div. LEXIS 4690

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 2, 2003

DocketAppeal No. 3

StatusPublished

This text of 305 A.D.2d 1019 (Millennium of Rochester, Inc. v. Webster Town Post) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Millennium of Rochester, Inc. v. Webster Town Post, 305 A.D.2d 1019, 758 N.Y.S.2d 586, 2003 N.Y. App. Div. LEXIS 4690 (N.Y. Ct. App. 2003).

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Opinion

—Appeal and cross appeal from an order of Supreme Court, Monroe County (Frazee, J.), entered February 22, 2002, which granted in part the motion of defendants for summary judgment and dismissed the complaint against them.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified in the exercise of discretion and on the facts by granting the motion in its entirety and awarding defendants reasonable attorney’s fees and as modified the order is affirmed with costs to defendants, and [1020]*1020the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the same memorandum as in Millennium of Rochester v Town of Webster ([appeal No. 2] 305 AD2d 1014 [2003]). All findings of fact made by Supreme Court that are inconsistent with the memorandum herein are hereby reversed and new findings are made pursuant to CPLR 5712 (c) as contained in the same memorandum as in Millennium of Rochester v Town of Webster ([appeal No. 2] 305 AD2d 1014 [2003]). Present — Pigott, Jr., P.J., Green, Pine, Burns and Gorski, JJ.

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—Appeal and cross appeal from an order of Supreme Court, Monroe County (Frazee, J.), entered February 22, 2002, which granted in part the motion of defendants for summary judgment and dismissed the complaint against them.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified in the exercise of discretion and on the facts by granting the motion in its entirety and awarding defendants reasonable attorney’s fees and as modified the order is affirmed with costs to defendants, and [1020]*1020the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the same memorandum as in Millennium of Rochester v Town of Webster ([appeal No. 2] 305 AD2d 1014 [2003]). All findings of fact made by Supreme Court that are inconsistent with the memorandum herein are hereby reversed and new findings are made pursuant to CPLR 5712 (c) as contained in the same memorandum as in Millennium of Rochester v Town of Webster ([appeal No. 2] 305 AD2d 1014 [2003]). Present — Pigott, Jr., P.J., Green, Pine, Burns and Gorski, JJ.

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Bluebook (online)

305 A.D.2d 1019, 758 N.Y.S.2d 586, 2003 N.Y. App. Div. LEXIS 4690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/millennium-of-rochester-inc-v-webster-town-post-nyappdiv-2003.

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