Opinion
CA 01-01560
February 1, 2002.
Appeal from an order and judgment (one document) of Supreme Court, Chautauqua County (Gerace, J.), entered January 9, 2001, which, inter alia, awarded plaintiff $507,594.19.
RAICHLE BANNING WEISS, PLLC, BUFFALO (ARNOLD WEISS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
GETMAN, BIRYLA KRESSE, LLP, BUFFALO (SETH L. HIBBERT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., HAYES, HURLBUTT, BURNS, AND LAWTON, JJ.
It is hereby ORDERED that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the amount awarded on the note and guaranty and as modified the order and judgment is affirmed without costs and the matter is remitted to Supreme Court for further proceedings in accordance with the same Memorandum as in Agway v. North Clymer Farm Serv. ([appeal No. 1] 291 A.D.2d 818 [decided Feb. 1, 2002]).