| Truserv Corp. v Gerlach Lbr. Co., Inc. |
| 2004 NY Slip Op 07037 [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.
1257 CA 03-01996
[*1]TRUSERV CORPORATION FOR ITSELF AND AS SUCCESSOR IN INTEREST TO SERVISTAR COAST-TO-COAST CORPORATION, PLAINTIFF-RESPONDENT, ORDER
v
GERLACH LUMBER COMPANY, INC., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered June 9, 2003. The order granted plaintiff's motion for summary judgment in lieu of complaint, granted judgment to plaintiff and denied defendant's motion to dismiss the complaint.
JAECKLE FLEISCHMANN & MUGEL, LLP, BUFFALO (HEATH J. SZYMCZAK OF COUNSEL), AND KENNETH P. BERNAS, WEST SENECA, FOR DEFENDANT-APPELLANT.
CHELUS, HERDZIK, SPEYER, MONTE & PAJAK, P.C., BUFFALO (KEVIN E. LOFTUS 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: October 1, 2004
JoAnn M. Wahl
Clerk of the Court