Opinion
No. 97 CA 09-01896.
February 11, 2010.
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered June 1, 2009 in a declaratory judgment action. The order denied defendant's motion for summary judgment.
UNDERBERG KESSLER LLP, ROCHESTER (PAUL F. KENEALLY OF COUNSEL), FOR DEFENDANT-APPELLANT.
WOODS OVIATT GILMAN LLP, ROCHESTER (ROBERT S. ATTARDO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Centra, J.P., Peradotto, Lindley, Pine and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for the reasons stated in the decision at Supreme Court.