Opinion
2013-07-5
Appeal from an order of the Supreme Court, Monroe County (Thomas M. Van Strydonck, J.), entered May 26, 2012. The order, among other things, granted the motion of plaintiff for judgment on liability based on defendants' default and for an inquest on damages, and denied the amended motion of defendants to dismiss the complaint and compel arbitration. Reed Smith LLP, New York City (Casey D. Laffey of Counsel), and Underberg & Kessler LLP, Buffalo, for Defendants–Appellants. *854Law Offices of Kenneth Hiller, PLLC, Amherst (Kenneth R. Hiller of Counsel), for Plaintiff–Respondent.
Appeal from an order of the Supreme Court, Monroe County (Thomas M. Van Strydonck, J.), entered May 26, 2012. The order, among other things, granted the motion of plaintiff for judgment on liability based on defendants' default and for an inquest on damages, and denied the amended motion of defendants to dismiss the complaint and compel arbitration.
Reed Smith LLP, New York City (Casey D. Laffey of Counsel), and Underberg & Kessler LLP, Buffalo, for Defendants–Appellants. *854Law Offices of Kenneth Hiller, PLLC, Amherst (Kenneth R. Hiller of Counsel), for Plaintiff–Respondent.
Same Memorandum as in Calaci v. Allied Interstate, Inc. (Appeal No. 2) 108 A.D.3d 1127, ––– N.Y.S.2d –––– (2013).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.