Opinion
No. CA 06-02267.
March 16, 2007.
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered May 4, 2006. The order denied plaintiffs' motion for summary judgment dismissing the counterclaims.
HANCOCK ESTABROOK, LLP, SYRACUSE (DAVID G. LINGER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
MENTER, RUDIN TRIVELPIECE, P.C., SYRACUSE (JULIAN B. MODESTI OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Present — Gorski, J.P., Smith, Lunn, Peradotto and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and dismissing the first counterclaim and as modified the order is affirmed without costs.
Same memorandum as in Widewaters Prop. Dev. Co., Inc. v Katz ( 38 AD3d 1220).