Opinion
No. CA 06-01317.
March 16, 2007.
Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered October 27, 2005. The order granted defendants' motion for summary judgment dismissing the complaint.
HARRIS BEACH PLLC, PITTSFORD (A. VINCENT BUZARD OF COUNSEL), FOR PLAINTIFF-APPELLANT.
NIXON PEABODY LLP, ROCHESTER (ANDREW M. BURNS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present — Hurlbutt, J.P., Gorski, Fahey, Peradotto and Green, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We affirm for reasons stated in the decision at Supreme Court. We note, however, that on the record before us the agreement at issue had not been terminated by either party pursuant to paragraph 5.1 of the agreement.