Opinion
2021-07365
12-23-2021
BERNARD A. UNGER, PLAINTIFF-APPELLANT, v. MICHAEL A. GANCI, DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
LAW OFFICE OF GARY R. EBERSOLE, GRAND ISLAND (STEPHEN C. HALPERN OF COUNSEL), FOR PLAINTIFF-APPELLANT. GROSS SHUMAN, P.C., BUFFALO (B. KEVIN BURKE, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT.
LAW OFFICE OF GARY R. EBERSOLE, GRAND ISLAND (STEPHEN C. HALPERN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
GROSS SHUMAN, P.C., BUFFALO (B. KEVIN BURKE, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND DEJOSEPH, JJ.
Appeal from an order of the Supreme Court, Erie County (Mark A. Montour, J.), entered May 6, 2019. The order determined that defendant is entitled to judgment on his counterclaims for breach of contract and rescission.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same memorandum as in Unger v Ganci ([appeal No. 2] __ A.D.3d __ [Dec. 23, 2021] [4th Dept 2021]).