| Bdo Seidman v Hirshberg |
| 2004 NY Slip Op 04910 [8 AD3d 1133] |
| Decided on June 14, 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 June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ.
721 CA 04-00150
[*1]BDO SEIDMAN, A PARTNERSHIP, PLAINTIFF-APPELLANT, ORDER
v
JEFFREY HIRSHBERG, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered October 24, 2003, in a breach of contract action. The order denied without prejudice plaintiff's motion for partial summary judgment on the first cause of action determining that the liquidated damages provision in the parties' agreement is enforceable and for summary judgment dismissing the second affirmative defense.
KAVINOKY & COOK, LLP, BUFFALO (JOSEPH J. WELTER OF COUNSEL), FOR PLAINTIFF-APPELLANT.
JAECKLE FLEISCHMANN & MUGEL, LLP, BUFFALO (PHILIP H. MC INTYRE OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court