| Mc Math v Noto |
| 2004 NY Slip Op 06920 [11 AD3d 1054] |
| Decided on October 1, 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 October 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, KEHOE, AND MARTOCHE, JJ.
1120 CA 04-00807
[*1]JOHN N. MC MATH, JR., PLAINTIFF-APPELLANT, ORDER
v
JOSEPH NOTO, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered October 14, 2003. The order denied without prejudice plaintiff's motion for summary judgment.
BOYLAN, BROWN, CODE, VIGDOR & WILSON, LLP, ROCHESTER (DAVID K. HOU OF COUNSEL), FOR PLAINTIFF-APPELLANT.
GEIGER AND ROTHENBERG, LLP, ROCHESTER (ALEXANDER GEIGER 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: October 1, 2004
JoAnn M. Wahl
Clerk of the Court