Opinion
CA 02-02168
July 3, 2003.
Appeal and cross appeal from an order of Supreme Court, Erie County (Fahey, J.), entered June 26, 2002, which, inter alia, dismissed the third cause of action for fraud.
FRANK T. GAGLIONE, P.C., AMHERST (FRANK T. GAGLIONE OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.
McGRATH POLVINO, PLLC, WILLIAMSVILLE (ANDREA R. POLVINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
PRESENT: PINE, J.P., HURLBUTT, GORSKI, LAWTON, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal and that part of the cross appeal concerning attorneys' fees be and the same hereby are unanimously dismissed ( see Hughes v. Nussbaumer, Clarke Velzy, 140 A.D.2d 988; Chase Manhattan Bank v. Roberts Roberts, 63 A.D.2d 566, 567; see also CPLR 5501 [a] [1]) and the order insofar as it dismissed the third cause of action is affirmed without costs.
Same Memorandum as in Wagner Trading Co. v. Tony Walker Retail Mgt. Co. ([appeal No. 2] 307 A.D.2d 701 [July 3, 2003]).