Opinion
CA 03-01774.
Decided April 30, 2004.
Appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered November 8, 2002. The order, among other things, confirmed the recommendation of a referee to grant in part plaintiff's motion for partial summary judgment and to deny defendants' cross motion for partial summary judgment.
NAPIER, FITZGERALD KIRBY, L.L.P., BUFFALO (BRIAN P. FITZGERALD OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
HODGSON RUSS LLP, BUFFALO (MAUREEN T. BASS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.