Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered April 11, 2022. The order, among other things, denied in part plaintiffs' motion for summary judgment. In September 2005 defendant leased 8709 square feet of commercial space in the Electric Tower building, 535 Washington Street, Buffalo, from plaintiff Iskalo Electric Tower, LLC (Iskalo). In October 2005, defendant leased 2300 square feet of parking space at 5 East Huron Street, Buffalo, from plaintiff CBD Investors, LLC (CBD). Iskalo modified its structure at a cost of $258,437.97. Defendant took possession of the Electric Tower space on November 1, 2005, but moved out on December 16, 2005. At the time of its lease with defendant, CBD did not own 5 East Huron Street, it took ownership on February 10, 2006. Thereafter, defendant terminated the lease with CBD. The complaint alleges breach of contract. The court denied plaintiffs' motion for summary judgment on the second breach of contract cause of action, but granted the motion to the extent of dismissing defendant's second, third, fifth and sixth affirmative defenses. This Court modified by granting plaintiffs further relief (79 AD3d 1605; CA10-777; 1164/10; S EMP [EC] G JG). By order entered May 17, 2012, the court granted defendant's motion to compel document production. In January 2013, plaintiffs moved for an order decreeing that certain communications are protected by the attorney-client privilege and that they had complied with the May 17, 2012 order. Defendant cross-moved to compel. The court, in pertinent part, granted the motion and denied the cross motion. Defendant appealed and this Court affirmed (113 AD3d 1105, 1106 [4th Dept 2014]; #1299/13, C EMP [EC] RS W). The court, among other things, partially denied a motion by plaintiffs seeking summary judgment . On appeal this Court modified (174 AD3d 1420; 394/19, CA 18-1771, NS EMP [EC] L T). Plaintiffs moved for the following relief: (1) leave to file a summary judgment motion; (2) awarding summary judgment and dismissing the tenth counterclaim asserted by defendant Stantec and (3) awarding partial summary judgment and dismissing part of the eleventh counterclaim asserted by Stantec. The court granted the motion in part. Plaintiffs' appeal and defendant Stantec cross-appeals.
Predatory Sexual Assault
ROBERT M. GRAFF | SUB | |
THOMAS H. BRANDT | SUB |
Visitation
BRIAN R. WELSH | 15 | |
ALEXANDER EDWARD BASINSKI | 10 | |
DEBRA D. WILSON | 15 |
Easement
JASON R. DIPASQUALE | SUB |
Summary Judgment
PAUL D. MCCORMICK | 15 | |
CARL W. MORGAN | 15 |
Divorce
JASON R. DIPASQUALE | SUB | |
JAMES P. RENDA | 15 |
Summary Judgment
KEVIN T. STOCKER | 15 | |
SCOTT D. STORM | 15 |
Summary Judgment
Summary Judgment
RICHARD A. GRIMM, III | 15 | |
PAUL G. JOYCE | 5 |
Reargument
Dismiss Complaint
STEVEN W. WILLIAMS | 15 | |
GARY J LAVINE | 15 |
Attempted Criminal Possession Weapon
JEREMY D. SCHWARTZ | 10 | |
ERIK DAVID BENTLEY | 10 |
Summary Judgment
JOHN CHARLES GARAS | 15 | |
F. PAUL GREENE | 15 |
Dismiss Complaint
TYLER JEROME WEHR ECKERT | 15 | |
CHRISTOPHER R. BITAR | 15 |
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