Video Voice, Inc. v. Local T.V., Inc.

• Citation: 68 N.Y.S.3d 475,156 A.D.3d 848
• Decision Date: 20 December 2017
• Docket Number: 2016–00673,Index No. 16175/11
• Parties: VIDEO VOICE, INC., respondent, et al., plaintiffs, v. LOCAL T.V., INC., et al., appellants, et al., defendants.
• Court: New York Supreme Court — Appellate Division

156 A.D.3d 848
68 N.Y.S.3d 475

VIDEO VOICE, INC., respondent, et al., plaintiffs,
v.
LOCAL T.V., INC., et al., appellants, et al., defendants.

2016–00673
Index No. 16175/11

Supreme Court, Appellate Division, Second Department, New York.

Submitted—October 19, 2017
December 20, 2017

Devitt Spellman Barrett, LLP, Smithtown, N.Y. (Theodore D. Sklar of counsel), for appellant Local T.V., Inc.

Zaklukiewicz Puzo & Morrissey, LLP, Islip Terrace, N.Y. (Jenny Lynn Lazar of counsel), for appellant Town of East Hampton.

Bainton Law Group, PLLC, Easthampton, N.Y. (J. Joseph Bainton of counsel), for respondent.

L. PRISCILLA HALL, J.P., JEFFREY A. COHEN, BETSY BARROS, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

68 N.Y.S.3d 476

In an action, inter alia, for a judgment declaring the parties' rights and obligations under a lease and to recover damages for breach of contract, the defendant Local T.V., Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated November 25, 2015, as granted those branches of the motion of the plaintiff Video Voice, Inc., which were for leave to serve and file an amended complaint adding causes of action to recover damages for wrongful ejectment pursuant to RPAPL 853, intentional infliction of emotional distress, and tortious interference with prospective economic advantage against it, and adding Roberta Strada, Michelle Murphy Strada, Seth Redlus, James N. Shelly, and Eric N. Brown as defendants, and the defendant Town of East Hampton separately appeals, as limited by its brief, from so much of the same order as granted that branch of the motion of the plaintiff Video Voice, Inc., which was for leave to serve and file an amended complaint adding it as a defendant.

ORDERED that the appeal by the defendant Local T.V., Inc., from so much of the order as granted those branches of the motion of the plaintiff Video Voice, Inc., which were for leave to serve and file an amended complaint adding Roberta Strada, Michelle Murphy Strada, Seth Redlus, James N. Shelly, and Eric N. Brown as defendants is dismissed, as the defendant Local T.V., Inc., is not aggrieved by that portion of the order (see CPLR 5511 ); and it is further,

ORDERED that the order is reversed insofar as reviewed, on the law, on the facts, and in the exercise of discretion, and those branches of the motion of the plaintiff Video Voice, Inc., which were for leave to serve and file an amended complaint adding causes of action to recover damages for wrongful ejectment pursuant to RPAPL 853, intentional infliction of emotional distress, and tortious interference with prospective economic advantage against the defendant Local T.V., Inc., and adding the Town of East Hampton as a defendant, are denied; and it is further,

ORDERED that one bill of costs is awarded to the defendants Local T.V., Inc., and Town of...