| East Aurora Coop. Mkt., Inc. v Red Brick Plaza LLC |
| 2021 NY Slip Op 04805 [197 AD3d 874] |
| August 26, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| East Aurora Cooperative Market, Inc.,
Respondent, v Red Brick Plaza LLC, Appellant. (Appeal No. 1.) |
Harris Beach PLLC, Buffalo (Allison B. Fiut of counsel), for defendant-appellant.
Webster Szanyi LLP, Buffalo (Michael P. McClaren of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, J.), entered November 8, 2019. The order, inter alia, granted the motion of plaintiff to disburse funds from an escrow account.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in East Aurora Coop. Market, Inc. v Red Brick Plaza LLC ([appeal No. 2] 197 AD3d 874 [4th Dept 2021]). Present—Peradotto, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.