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(case proceeds to trial)CivilCourt of AppealsAppeal
2055 Walden Ave., Inc. v. 2115 Walden Ave, LLC
- Court
- Appellate Division of the Supreme Court of the State of New York
- Decided
- Oct 2, 2026
- Docket
- 639 CA 25-01763
- Judges
- Not listed
Cited as2026 NY Slip Op 05651
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
: denied the defendant's motion for .
This decision · Appeal
(case proceeds to trial)
TL;DR
- 1The case is about whether a company should win a property dispute without going to trial.
- 2The court that the case needs a full trial, denying an immediate win for the defendant.
- 3The court decided that a quick victory wasn't justified without a full examination of the facts.
Key issues
- 1
Should the court allow a quick win without a trial?
Holding · The court said no, a full trial is necessary to examine all evidence.
Why it matters
This decision affects the two companies involved by requiring them to prepare for a full trial, impacting time and costs.
If you were the judge?
Two companies fight over property rights without a trial
- 1A company wants a quick win in a property fight.
- 2The other side says the dispute needs a full trial.
- 3The court must decide if skipping the trial is fair.
Should the court let the company win without a trial?
Parties
Appellant
2055 Walden Ave., Inc.
Appellee
2115 Walden Ave, LLC
Roles are inferred from the case caption.
Opinion of the court
2055 Walden Ave., Inc. v 2115 Walden Ave, LLC
2026 NY Slip Op 05651
October 2, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
2055 WALDEN AVENUE, INC., AND RONALD BENDERSON AND DAVID BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED SEPTEMBER 22, 1993, KNOWN AS THE RANDALL BENDERSON 1993-1 TRUST, PLAINTIFFS-RESPONDENTS,
v
2115 WALDEN AVE, LLC, DEFENDANT-APPELLANT, ET AL., DEFENDANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on October 2, 2026
639 CA 25-01763
Present: Lindley, J.P., Curran, Ogden, Delconte, And Hannah, JJ.
THE MCGORRY LAW FIRM, LLP, BUFFALO (MICHAEL P.J. MCGORRY OF COUNSEL), FOR DEFENDANT-APPELLANT.
WHITEMAN OSTERMAN & HANNA LLP, ALBANY (CHRISTOPHER M. MCDONALD OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered August 18, 2025, in a declaratory judgment action. The order and judgment denied the motion of defendant 2115 Walden Ave, LLC, for summary judgment.
[*1]
It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.
Entered: October 2, 2026
Ann Dillon Flynn
Clerk of the Court