Ridge Seneca Plaza, LLC v. BP Prods. N. Am. - BNA
Ridge Seneca Plaza, LLC v. BP Prods. N. Am. - BNA
Ridge Seneca Plaza, LLC v. BP Prods. N. Am. - BNA
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Case 6:06-cv-06333-CJS -JWF Document 188 Filed 05/03/11 Page 16 of 16<br />
Report was irrelevant to the sale. First Allied was selling the property “as is, where is and<br />
with all faults” and <strong>Ridge</strong> <strong>Seneca</strong> has not shown that First Allied made any representations<br />
as to the property’s condition.<br />
CONCLUSION<br />
First Allied Shopping Center, LP’s motion (Docket No. 104) for summary judgment<br />
is granted. The following causes of action plead against it are dismissed:<br />
AS AND FOR A SECOND CAUSE OF ACTION FOR MISTAKE AGAINST<br />
FIRST ALLIED….<br />
AS AND FOR AN TWELFTH CAUSE OF ACTION FOR NEGLIGENCE<br />
AGAINST GLAZER AND FIRST ALLIED….<br />
AS AND FOR A FOURTEENTH CAUSE OF ACTION FOR EQUITABLE OR<br />
IMPLIED INDEMNIFICATION AGAINST DEFENDANTS GLAZER AND<br />
FIRST ALLIED….<br />
AS AND FOR A FIFTEENTH CAUSE OF ACTION FOR RESTITUTION<br />
AGAINST DEFENDANTS GLAZER AND FIRST ALLIED….<br />
It Is So Ordered.<br />
Dated: May 2, 2011<br />
Rochester, New York<br />
ENTER.<br />
/s/ Charles J. Siragusa<br />
CHARLES J. SIRAGUSA<br />
United States District Judge<br />
Page 16 of 16
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