Opinion
CA 02-01110
December 30, 2002.
Appeal from an order of Supreme Court, Niagara County (Fricano, J.), entered March 1, 2002, which granted the motion of defendants David Cordish and Associates and Rainbow Square, Ltd., also known as Rainball Mall, for summary judgment dismissing the complaint against them.
WEBSTER SZANYI LLP, BUFFALO (D. CHARLES ROBERTS, JR., OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LAW OFFICES OF JOHN QUACKENBUSH, BUFFALO (ALAN J. BEDENKO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, KEHOE, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint against defendants David Cordish and Associates and Rainbow Square, Ltd., also known as Rainbow Mall, is reinstated.
Same Memorandum as in Faccini v. David Cordish Assoc. ([appeal No. 1] 300 A.D.2d 1139 [Dec. 30, 2002]).