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Birnbaum v. Rohm Sev. Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2007
45 A.D.3d 1367 (N.Y. App. Div. 2007)

Opinion

No. CA 07-00093.

November 9, 2007.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered December 6, 2006. The order, insofar as appealed from, granted in part defendants' motion for summary judgment and denied plaintiffs cross motion for partial summary judgment.

WOODS OVIATT GILMAN LLP, ROCHESTER (WILLIAM G. BAUER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

WOLFORD LECLAIR LLP, ROCHESTER (MICHAEL R. WOLFORD OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present: Martoche, J.P., Centra, Peradotto, Green and Pine, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court, pursuant to which the court granted defendants' motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for partial summary judgment. We add only that, contrary to the contention of plaintiff on appeal, the court properly denied that part of his cross motion for an accounting. An accounting would serve no purpose at this juncture, inasmuch as the underlying substantive dispute between the parties has properly been resolved against plaintiff.


Summaries of

Birnbaum v. Rohm Sev. Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2007
45 A.D.3d 1367 (N.Y. App. Div. 2007)
Case details for

Birnbaum v. Rohm Sev. Corp.

Case Details

Full title:JAY BIRNBAUM, on Behalf of ELM MANOR NURSING HOME, INC. and WEDGEWOOD…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 9, 2007

Citations

45 A.D.3d 1367 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8602
844 N.Y.S.2d 921