Opinion
No. CA 07-02047.
March 14, 2008.
Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered June 26, 2007 in a breach of contract action. The order granted defendant's motion to dismiss the complaint and denied plaintiffs cross motion for summary judgment.
JAECKLE FLEISCHMANN MUGEL, LLP, BUFFALO (RALPH L. HALPERN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
E. THOMAS JONES, TOWN ATTORNEY, WILLIAMSVILLE (J. MATTHEW PLUNKETT OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Scudder, P.J., Centra, Lunn, Fahey and Green, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs. [See 16 Misc 3d 656 (2007)].