National Fuel Gas Distribution Corp. v. PUSH Buffalo

Appeal and cross appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered March 2, 2012. The order, among other things, denied in part the motion of defendants to dismiss the amended complaint.

It is hereby ordered that said appeal by plaintiff is unanimously dismissed and the order is otherwise affirmed without costs.

Memorandum: Plaintiff commenced this action alleging, inter alia, that members of defendant, PUSH Buffalo (People United for Sustainable Housing) (hereafter, PUSH), a community organization, and defendant Whitney Yax, a member of PUSH, trespassed on…