Opinion
CA 06-00588.
September 29, 2006.
Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered January 5, 2006 in a breach of contract action. The order, insofar as appealed from, denied in part defendants' motion for summary judgment dismissing the complaint.
SUGARMAN LAW FIRM, LLP, BUFFALO (SAMUEL M. VULCANO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
PHILLIPS LYTLE LLP, BUFFALO (DAVID J. MC NAMARA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Hurlbutt, J.P., Gorski, Martoche and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.