Opinion
CA 01-01142
February 1, 2002.
Appeal from an order of Supreme Court, Niagara County (Lane, J.), entered November 20, 2000, which, inter alia, granted plaintiff's motion for summary judgment.
LAW OFFICES OF JOHN P. BARTOLOMEI ASSOCIATES, NIAGARA FALLS (JOHN P. BARTOLOMEI OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
SIEGEL, KELLEHER KAHN, BUFFALO (STEVEN G. WISEMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
We affirm the order in each appeal for reasons stated in the respective decisions at Supreme Court (Lane, J.). We add only that, although the court erred in finding that the Settlement Agreement between defendants Botco Developments, Inc. and Frank Evangelista had not been submitted to the court, that error does not affect the ultimate conclusions reached by the court.