Violet Realty, Inc. v. Gerster Sales & Service, Inc.

Appeal and cross appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered July 18, 2014. The order, inter alia, denied the motion of plaintiff for leave to renew, and denied the cross motion of defendant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the cross motion, dismissing the complaint in its entirety, and granting defendant judgment on its counterclaim, and as modified the order is affirmed without costs.

Memorandum: In October 2010, plaintiff and defendant entered into a contract…