Rupp v. Burger

Full title: Jason RUPP, Plaintiff–Appellant, v. Jeremy BURGER, Defendant–Respondent.

Court: Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Jan 2, 2015

124 A.D.3d 1400 (N.Y. App. Div. 2015)

124 A.D.3d 1400

2015 N.Y. Slip Op. 163

Opinion

2015-01-2

Jason RUPP, Plaintiff–Appellant, v. Jeremy BURGER, Defendant–Respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered October 4, 2013. The judgment granted in part the motion of defendant for summary judgment, dismissed the complaint, determined defendant to be the fee-title owner of disputed real property and denied the cross motion of plaintiff for summary judgment. Kenney Shelton Liptak Nowak LLP, Buffalo (Jessica Reich of Counsel), for Plaintiff–Appellant. Hogan Willig, PLLC, Amherst (Geffrey Gismondi of Counsel), for Defendant–Respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered October 4, 2013. The judgment granted in part the motion of defendant for summary judgment, dismissed the complaint, determined defendant to be the fee-title owner of disputed real property and denied the cross motion of plaintiff for summary judgment.
Kenney Shelton Liptak Nowak LLP, Buffalo (Jessica Reich of Counsel), for Plaintiff–Appellant. Hogan Willig, PLLC, Amherst (Geffrey Gismondi of Counsel), for Defendant–Respondent.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. SCUDDER, P.J., CENTRA, CARNI, and SCONIERS, JJ., concur.