Appellate Division of the Supreme Court of New York, 2025

Monterey Rd. 5382, LLC v. Lilly Broadcasting, LLC

Monterey Rd. 5382, LLC v. Lilly Broadcasting, LLC
Appellate Division of the Supreme Court of New York · Decided October 3, 2025
2025 NY Slip Op 05407
Monterey Rd. 5382, LLC v. Lilly Broadcasting, LLC

Opinion

Monterey Rd. 5382, LLC v Lilly Broadcasting, LLC (2025 NY Slip Op 05407)

Monterey Rd. 5382, LLC v Lilly Broadcasting, LLC
2025 NY Slip Op 05407
Decided on October 3, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., BANNISTER, SMITH, NOWAK, AND DELCONTE, JJ.

714 CA 24-01179

[*1]MONTEREY ROAD 5382, LLC, PLAINTIFF-APPELLANT,

v

LILLY BROADCASTING, LLC, AND LILLY BROADCASTING HOLDINGS, LLC, DEFENDANTS-RESPONDENTS.




MILLER MAYER, LLP, ITHACA (ANTHONY N. ELIA OF COUNSEL), FOR PLAINTIFF-APPELLANT.

FOX ROTHSCHILD LLP, BLUE BELL, PENNSYLVANIA (MICHAEL K. TWERSKY, ADMITTED PRO HAC VICE, OF COUNSEL), AND SCHLATHER, STUMBAR, PARKS & SALK, LLP, ITHACA, FOR DEFENDANTS-RESPONDENTS.



Appeal from an order of the Supreme Court, Steuben County (Jason L. Cook, J.), entered July 1, 2024. The order granted the motion of defendants to dismiss the complaint.

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

Entered: October 3, 2025

Ann Dillon Flynn

Clerk of the Court



Opinion

Monterey Rd. 5382, LLC v Lilly Broadcasting, LLC (2025 NY Slip Op 05407)

Monterey Rd. 5382, LLC v Lilly Broadcasting, LLC
2025 NY Slip Op 05407
Decided on October 3, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., BANNISTER, SMITH, NOWAK, AND DELCONTE, JJ.

714 CA 24-01179

[*1]MONTEREY ROAD 5382, LLC, PLAINTIFF-APPELLANT,

v

LILLY BROADCASTING, LLC, AND LILLY BROADCASTING HOLDINGS, LLC, DEFENDANTS-RESPONDENTS.




MILLER MAYER, LLP, ITHACA (ANTHONY N. ELIA OF COUNSEL), FOR PLAINTIFF-APPELLANT.

FOX ROTHSCHILD LLP, BLUE BELL, PENNSYLVANIA (MICHAEL K. TWERSKY, ADMITTED PRO HAC VICE, OF COUNSEL), AND SCHLATHER, STUMBAR, PARKS & SALK, LLP, ITHACA, FOR DEFENDANTS-RESPONDENTS.



Appeal from an order of the Supreme Court, Steuben County (Jason L. Cook, J.), entered July 1, 2024. The order granted the motion of defendants to dismiss the complaint.

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

Entered: October 3, 2025

Ann Dillon Flynn

Clerk of the Court



Opinion

Monterey Rd. 5382, LLC v Lilly Broadcasting, LLC (2025 NY Slip Op 05407)

Monterey Rd. 5382, LLC v Lilly Broadcasting, LLC
2025 NY Slip Op 05407
Decided on October 3, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., BANNISTER, SMITH, NOWAK, AND DELCONTE, JJ.

714 CA 24-01179

[*1]MONTEREY ROAD 5382, LLC, PLAINTIFF-APPELLANT,

v

LILLY BROADCASTING, LLC, AND LILLY BROADCASTING HOLDINGS, LLC, DEFENDANTS-RESPONDENTS.




MILLER MAYER, LLP, ITHACA (ANTHONY N. ELIA OF COUNSEL), FOR PLAINTIFF-APPELLANT.

FOX ROTHSCHILD LLP, BLUE BELL, PENNSYLVANIA (MICHAEL K. TWERSKY, ADMITTED PRO HAC VICE, OF COUNSEL), AND SCHLATHER, STUMBAR, PARKS & SALK, LLP, ITHACA, FOR DEFENDANTS-RESPONDENTS.



Appeal from an order of the Supreme Court, Steuben County (Jason L. Cook, J.), entered July 1, 2024. The order granted the motion of defendants to dismiss the complaint.

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

Entered: October 3, 2025

Ann Dillon Flynn

Clerk of the Court



Case-law data current through December 31, 2025. Source: CourtListener bulk data.