DAVID KAPLAN AND LUELLA KAPLAN PLAINTIFFS APPELLANTS v. MENLO REALTY INCOME PROPERTIES 28 LLC NOW KNOWN AS REALTY INCOME PROPERTIES 28 LLC REALTY INCOME CORPORATION DEFENDANTS APPELLANTS 9187 GROUP LLC 10 ELLICOTT SQUARE COURT CORPORATION DEFENDANTS RESPONDENTS ET AL DEFENDANTS APPEAL NO (2023)

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

DAVID KAPLAN AND LUELLA KAPLAN, PLAINTIFFS-APPELLANTS, v. MENLO REALTY INCOME PROPERTIES 28, LLC, NOW KNOWN AS REALTY INCOME PROPERTIES 28, LLC, REALTY INCOME CORPORATION, DEFENDANTS-APPELLANTS, 9187 GROUP, LLC, 10 ELLICOTT SQUARE COURT CORPORATION, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

503 Decided: July 28, 2023

PRESENT: LINDLEY, J.P., CURRAN, MONTOUR, AND OGDEN, JJ.

SEGAR & SCIORTINO PLLC, ROCHESTER (STEPHEN A. SEGAR OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (KAREN G. FELTER OF COUNSEL), FOR DEFENDANTS-APPELLANTS. RICOTTA, MATTREY, CALLOCCHIA, MARKEL & CASSERT, BUFFALO (JILL L. CASSERT OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Kaplan v Menlo Realty Income Props. 28, LLC ([appeal No. 1] — AD3d — [July 28, 2023] [4th Dept 2023]).

Entered: July 28, 2023

Ann Dillon Flynn

Clerk of the Court

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