DANA MESLER AND CYNTHIA MESLER, PLAINTIFFS–RESPONDENTS, v. PODD LLC, DEVELOPERS DIVERSIFIED REALTY CORPORATION, BG BCF, LLC, ET AL., DEFENDANTS, AND JJK MANAGEMENT, INC., DEFENDANT–APPELLANT.
DEVELOPERS DIVERSIFIED REALTY CORPORATION AND BG BCF, LLC, THIRD–PARTY PLAINTIFFS–RESPONDENTS, v. JJK MANAGEMENT, INC., THIRD–PARTY DEFENDANT–APPELLANT. (APPEAL NO. 2.)
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the cross motion of defendant JJK Management, Inc. for summary judgment dismissing the amended complaint against it is granted, that part of the motion of defendants-third-party plaintiffs Developers Diversified Realty Corporation and BG BCF, LLC seeking a conditional order of indemnification in the alternative is denied, and the matter is remitted to Supreme Court, Erie County, to decide that part of the motion seeking compensatory damages in the alternative.
Same Memorandum as in Mesler v. Podd LLC ( [appeal No. 1] _ AD3d _ [Nov. 18, 2011] ).
Patricia L. Morgan
Clerk of the Court