| Goodrich v Barbee |
| 2004 NY Slip Op 07033 [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: SCUDDER, J.P., KEHOE, GORSKI, AND HAYES, JJ.
1252 CA 03-02403
[*1]ROBERT C. GOODRICH AND KATHERINE GOODRICH, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, ORDER
v
PHILLIP L. BARBEE, DEFENDANT, CFM FRANCHISING CO., INC., DOING BUSINESS AS CONVENIENT FOOD MART STORE #339, AND MI-MEC, INC., DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered August 14, 2003. The order, insofar as appealed from, granted the motions of defendants CFM Franchising Co., Inc., doing business as Convenient Food Mart Store #339, and Mi-Mec, Inc. for summary judgment and dismissed the complaint and all cross claims against them.
CELLINO & BARNES, P.C., BUFFALO (DAVID O. TEACH OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC, BUFFALO (THOMAS P. CUNNINGHAM OF COUNSEL), FOR DEFENDANT-RESPONDENT CFM FRANCHISING CO., INC., DOING BUSINESS AS CONVENIENT FOOD MART STORE #339.
HISCOCK & BARCLAY, LLP, ROCHESTER (JOSEPH A. WILSON OF COUNSEL), FOR DEFENDANT-RESPONDENT MI-MEC, INC.
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