William Howard, Suing in the Right of Archer Rd. Vista LLC v. Pooler, 1014
Decision Date | 12 June 2020 |
Docket Number | CA 18-02142,1014 |
Citation | 123 N.Y.S.3d 862 (Mem),184 A.D.3d 1168 |
Parties | William HOWARD, Suing in the Right of Archer Rd. Vista LLC, William Howard, Individually, and Westside Development of Rochester, Inc., Plaintiffs-Respondents, v. Gary L. POOLER, Defendant-Appellant, Archer Rd. Vista LLC, and Gary L. Pooler, as Manager of Archer Rd. Vista LLC, Intervenors-Appellants. (Appeal No. 3.) |
Court | New York Supreme Court — Appellate Division |
184 A.D.3d 1168
123 N.Y.S.3d 862 (Mem)
William HOWARD, Suing in the Right of Archer Rd. Vista LLC, William Howard, Individually, and Westside Development of Rochester, Inc., Plaintiffs-Respondents,
v. Gary L. POOLER, Defendant-Appellant, Archer Rd. Vista LLC, and Gary L. Pooler, as Manager of Archer Rd. Vista LLC, Intervenors-Appellants.(Appeal No. 3.)
1014
CA 18-02142
Supreme Court, Appellate Division, Fourth Department, New York.
Entered: June 12, 2020
ERNSTROM & DRESTE, LLP, ROCHESTER (MARTHA A. CONNOLLY OF COUNSEL), AND MORGENSTERN DEVOESICK PLLC, PITTSFORD, FOR DEFENDANT-APPELLANT.
UNDERBERG & KESSLER LLP, ROCHESTER (DAVID M. TANG OF COUNSEL), FOR INTERVENORS-APPELLANTS.
BOND, SCHOENECK & KING, PLLC, ROCHESTER (JOSEPH S. NACCA OF COUNSEL), FOR PLAINITFFS-RESPONDENTS.
PRESENT: WHALEN, P.J., SMITH, DEJOSEPH, AND CURRAN, JJ.
It is hereby ORDERED that the order and judgment so appealed from is unanimously reversed on the law without costs, and the award of attorneys' fees and disbursements is vacated.
Same memorandum as in Howard v. Pooler (Appeal No. 1), 184 A.D.3d 1160, ––– N.Y.S.3d –––– (June 12, 2020) (4th Dept. 2020).
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