Opinion
CA 03-02498.
Decided June 14, 2004.
Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered April 17, 2003. The order, among other things, denied defendant's motion for a money judgment against plaintiff, prejudgment interest and attorney's fees.
MATUSICK, SPADAFORA VERRASTRO, BUFFALO (JOHN E. SPADAFORA OF COUNSEL), FOR DEFENDANT-APPELLANT.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY CAMBRIA LLP, BUFFALO (PATRICK C. O'REILLY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: GREEN, J.P., PINE, SCUDDER, MARTOCHE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.