Clark v Krug
2004 NY Slip Op 03429 [6 AD3d 1251]
Decided on April 30, 2004
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 April 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, AND LAWTON, JJ.

649 CA 03-01774

[*1]SANFORD L. CLARK, PLAINTIFF-RESPONDENT, ORDER

v

THOMAS E. KRUG, TIERNAN, KRUG, CLARK & BUCKLEY, FORMERLY KNOWN AS TIERNAN, KRUG & CLARK, FORMERLY KNOWN AS TIERNAN, KRUG, CLARK & COTTER, TIERNAN & KRUG, TIERNAN, KRUG & SCHNURR, AND JEREMY M. SCHNURR, DEFENDANTS-APPELLANTS.



Appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered November 8, 2002. The order, among other things, confirmed the recommendation of a referee to grant in part plaintiff's motion for partial summary judgment and to deny defendants' cross motion for partial summary judgment.


NAPIER, FITZGERALD & KIRBY, L.L.P., BUFFALO (BRIAN P. FITZGERALD OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
HODGSON RUSS LLP, BUFFALO (MAUREEN T. BASS OF COUNSEL), FOR PLAINTIFF- RESPONDENT.



It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: April 30, 2004
JoAnn M. Wahl
Clerk of the Court