Marine Buffalo Associates, L.P. v HSBC Bank USA (2004 NY Slip Op 09967)

Marine Buffalo Assocs., L.P. v Hsbc Bank Usa

2004 NY Slip Op 09967 [13 AD3d 1234]

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: PIGOTT, JR., P.J., GREEN, PINE, GORSKI, AND LAWTON, JJ.

[*1]

1692 CA 04-01325 MARINE BUFFALO ASSOCIATES, L.P., PLAINTIFF-APPELLANT, V ORDER

v

HSBC BANK USA, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appeal from a judgment of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered April 1, 2004 in a declaratory judgment action. The judgment denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment.

HISCOCK & BARCLAY, LLP, BUFFALO (FRANK T. GAGLIONE OF COUNSEL), FOR PLAINTIFF-APPELLANT.
PHILLIPS LYTLE LLP, BUFFALO (MICHAEL B. POWERS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court