Opinion
No. CA 10-01068.
March 25, 2011.
Appeal and cross appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered August 4, 2009 in a breach of contract action. The order, among other things, granted in part defendant's motion to dismiss plaintiffs' supplemental and amended complaint.
HITCHCOCK CUMMINGS, LLP, NEW YORK CITY (CHRISTOPHER B. HITCHCOCK OF COUNSEL), AND CONNORS VILARDO, LLP, BUFFALO, FOR DEFENDANT-APPELLANT-RESPONDENT.
PHILLIPS LYTLE LLP, BUFFALO (KENNETH A. MANNING OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.
Present: Scudder, P.J., Fahey, Carni, Green and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs as moot ( see Baker v 16 Sutton Place Apt. Corp., 2 AD3d 119, 120) and the cross appeal is dismissed without costs as abandoned ( see Restey v Higgins, 252 AD2d 954).