Opinion
No. CA 10-00269.
November 12, 2010.
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered October 14, 2009 in a breach of contract action. The order awarded defendant money damages in the amount of $15,000.
LEWANDOWSKI ASSOCIATES, WEST SENECA (LINDSAY M. SWENSEN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
DREW DREW, LLP, BUFFALO (CAROLYN NUGENT OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present — Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the award of damages is vacated.
Same memorandum as in FAC Cont. LLC v Yickjing567 LLC ( 78 AD3d 1510 [decided herewith]).