A New York appellate court has upheld a lower court's ruling in a property dispute case involving 2055 Walden Avenue, Inc. and 2115 Walden Avenue, LLC. The decision, made by the Appellate Division of the Supreme Court on October 2, 2026, is significant as it affects the parties involved and sets a precedent for future property disputes.
The case, identified by docket number 639 CA 25-01763, centers around a declaratory judgment action. The court's ruling means that the previous decision made by the Erie County Supreme Court remains in effect, denying 2115 Walden Ave, LLC's motion for summary judgment.
In this case, 2055 Walden Avenue, Inc. is represented by Whiteman Osterman & Hanna LLP, with attorney Christopher M. McDonald listed as counsel. The defendant, 2115 Walden Ave, LLC, is represented by The McGorry Law Firm, LLP, with attorney Michael P.J. McGorry as counsel.
Background
The dispute arose between two entities involved in property matters. 2055 Walden Avenue, Inc. and its trustees, Ronald Benderson and David Baldauf, filed a lawsuit against 2115 Walden Ave, LLC. The specifics of the disagreement were not detailed in the court filing, but it is clear that both parties had competing interests in the property at the center of the case.
The case reached the appellate court after the Supreme Court of Erie County issued a ruling on August 18, 2025. In that decision, the court denied 2115 Walden Ave, LLC's motion for summary judgment, which would have favored the defendant and potentially resolved the case in its favor without a full trial. The denial of this motion allowed the case to continue, leading to the appeal.
The Ruling
The Appellate Division of the Supreme Court upheld the lower court's decision, affirming the denial of the motion for summary judgment. The court ruled, "the order and judgment so appealed from is unanimously affirmed without costs." This means that the appellate judges agreed with the lower court's findings and did not find sufficient grounds to overturn the decision.
The judges involved in this ruling included Lindley, Curran, Ogden, Delconte, and Hannah. Their agreement on the matter indicates a strong consensus regarding the legal issues at play in this case.
Impact
The court's ruling has significant implications for the parties involved and for similar property dispute cases in New York. By affirming the lower court's decision, the appellate court has allowed the case to proceed, which could lead to a full trial where more evidence and arguments can be presented.
This ruling may also serve as a precedent for future property disputes, particularly those involving summary judgment motions. It emphasizes the importance of allowing cases to be fully heard in court rather than resolved prematurely through summary judgment. This could encourage parties in similar disputes to prepare for trial rather than relying on summary judgment as a quick resolution.
What's Next
As the appellate court has upheld the lower court's ruling, 2115 Walden Ave, LLC may consider further legal options, including potentially appealing to a higher court. However, details regarding any future appeals or related cases were not available in the court filing. The ongoing proceedings will determine the next steps for both parties involved in this property dispute.











