| Ecolab, Inc. v 75-oakridge, Inc. |
| 2003 NY Slip Op 20119 [2 AD3d 1490] |
| Decided on December 31, 2003 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on December 31, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., SCUDDER, GORSKI, LAWTON, AND HAYES, JJ.
1490 CA 03-01348
[*1]ECOLAB, INC., PLAINTIFF, ORDER
v
75-OAKRIDGE, INC., FORMERLY KNOWN AS THE JUICERY, DEFENDANT, BENDERSON DEVELOPMENT CO., INC., DEFENDANT-APPELLANT, AND PITA GOURMET, INC., DEFENDANT-RESPONDENT.
Appeal from a judgment (denominated order) of Supreme Court, Niagara County (Boniello, III, J.), entered August 27, 2002, which awarded defendant Pita Gourmet, Inc. a money judgment against defendant Benderson Development Co., Inc.
SUSAN M. HASSINGER, BUFFALO, FOR DEFENDANT-APPELLANT.
MALONEY & MALONEY, NIAGARA FALLS (MICHAEL V. MALONEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: December 31, 2003JoAnn M. Wahl
Clerk of the Court