Robert Owen Lehman Found., Inc. v. Wien

2021 NY Slip Op 04800

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: August 26, 2021
• Docket: 226 CA 20-01289
• Status: Published

Opinion

Robert Owen Lehman Found., Inc. v Wien (2021 NY Slip Op 04800)

Robert Owen Lehman Found., Inc. v Wien

2021 NY Slip Op 04800

Decided on August 26, 2021

Appellate Division, Fourth Department

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

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

Decided on August 26, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., NEMOYER, CURRAN, BANNISTER, AND DEJOSEPH, JJ.

226 CA 20-01289

[*1]ROBERT OWEN LEHMAN FOUNDATION, INC., PLAINTIFF-RESPONDENT,

v

ISRAELITISCHE KULTUSGEMEINDE WIEN, ET AL., DEFENDANTS, MICHAEL BAR, ROBERT RIEGER TRUST, AND JACOB BARAK, AS TRUSTEE OF THE ROBERT RIEGER TRUST, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

DUNNINGTON BARTHOLOW & MILLER, NEW YORK CITY (RAYMOND J. DOWD OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

NIXON PEABODY LLP, ROCHESTER (ZACHARY C. OSINSKI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered July 1, 2020. The order denied the motion of defendants Robert Rieger Trust and Jacob Barak, as trustee of the Robert Rieger Trust, joined by defendant Michael Bar, seeking leave to renew and reargue a motion for a change of venue or, in the alternative, to dismiss the amended complaint.

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in Robert Owen Lehman Found., Inc. v Israelitische Kultusgemeinde Wien ([appeal No. 1] — AD3d — [Aug. 26, 2021] [4th Dept 2021]).

Entered: August 26, 2021

Mark W. Bennett

Clerk of the Court