| Brandon Mgt. Group, Inc. v Wm. Schutt & Assoc., Eng'g & Land Surveying, P.C. |
| 2006 NYSlipOp 06961 |
| September 29, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Brandon Management Group, Inc., Respondent, v WM. Schutt & Associates, Engineering and Land Surveying, P.C., et al., Appellants. |
—[*1]Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered January 5, 2006 in a breach of contract action. The order, insofar as appealed from, denied in part defendants' motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P., Gorski, Martoche and Pine, JJ.