| Valley v Palmer |
| 2004 NY Slip Op 09855 [13 AD3d 1236] |
| Decided on December 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., SCUDDER, GORSKI, LAWTON, AND HAYES, JJ.
1544 CA 04-01674
[*1]DAVID F. VALLEY, PLAINTIFF-RESPONDENT, ORDER
v
AARON E. PALMER, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Salvatore R. Martoche, J.), entered February 24, 2004. The order granted plaintiff's motion for partial summary judgment and to strike the three affirmative defenses.
BOUVIER, O'CONNOR, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT-APPELLANT.
CELLINO & BARNES, P.C., BUFFALO (BRIAN A. GOLDSTEIN 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: December 30, 2004
JoAnn M. Wahl
Clerk of the Court