Opinion
CA 04-00337.
February 4, 2005.
Appeal from an order of the Supreme Court, Ontario County (James R. Harvey, A.J.), entered March 6, 2003. The order, insofar as appealed from, granted in part plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment in an action for breach of contract.
Present: Hurlbutt, J.P., Kehoe, Gorski, Pine and Hayes, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see Hughes v. Nussbaumer, Clarke Velzy, 140 AD2d 988; Chase Manhattan Bank v. Roberts Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).