Town of Amherst v. Pepper Tree Heights Housing Co.

Appellate Division of the Supreme Court of New York

Town of Amherst v. Pepper Tree Heights Housing Co.

133 A.D.3d 1324, 19 N.Y.S.3d 450

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

DecidedNovember 20, 2015

StatusPublished

This text of 133 A.D.3d 1324 (Town of Amherst v. Pepper Tree Heights Housing Co.) 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.

Bluebook

Town of Amherst v. Pepper Tree Heights Housing Co., 133 A.D.3d 1324, 19 N.Y.S.3d 450 (N.Y. Ct. App. 2015).

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Opinion

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 30, 2014. The order, insofar as appealed from, denied in part the motion of defendants Pepper Tree Heights Housing Co., Inc. and Pepper Tree Heights Associates, L.P. seeking to dismiss plaintiffs’ amended complaint against them.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety, and the amended complaint against defendants Pepper Tree Heights Housing Co., Inc. and Pepper Tree Heights Associates, L.P. is dismissed.

Memorandum: Defendants-appellants (defendants) appeal from an order that denied in part their motion to dismiss the amended complaint against them. We reverse the order insofar as appealed from based on the reasoning set forth in our decision in Town of Amherst v Brewster Mews Hous. Co., Inc. (133 AD3d 1317 [2015]). Present — Scudder, P.J., Smith, Carni, Lindley and Valentino, JJ.

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Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 30, 2014. The order, insofar as appealed from, denied in part the motion of defendants Pepper Tree Heights Housing Co., Inc. and Pepper Tree Heights Associates, L.P. seeking to dismiss plaintiffs’ amended complaint against them.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety, and the amended complaint against defendants Pepper Tree Heights Housing Co., Inc. and Pepper Tree Heights Associates, L.P. is dismissed.

Memorandum: Defendants-appellants (defendants) appeal from an order that denied in part their motion to dismiss the amended complaint against them. We reverse the order insofar as appealed from based on the reasoning set forth in our decision in Town of Amherst v Brewster Mews Hous. Co., Inc. (133 AD3d 1317 [2015]). Present — Scudder, P.J., Smith, Carni, Lindley and Valentino, JJ.

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Bluebook (online)

133 A.D.3d 1324, 19 N.Y.S.3d 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-amherst-v-pepper-tree-heights-housing-co-nyappdiv-2015.