| Pastor v Congdon |
| 2005 NY Slip Op 08432 [23 AD3d 1162] |
| Decided on November 10, 2005 |
| 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 November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, MARTOCHE, AND PINE, JJ.
1236 CA 05-00229
[*1]MARK PASTOR, PLAINTIFF-APPELLANT, ORDER
v
ROBERT CONGDON, ET AL., DEFENDANTS, FASTRAC MARKETS, L.L.C. AND C.M.G. BRIDGE STREET, L.L.C., INDIVIDUALLY AND JOINTLY AND SEVERALLY, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Jefferson County (Joseph D. McGuire, J.), entered August 9, 2004. The order granted the motion of defendants Fastrac Markets, L.L.C. and C.M.G. Bridge Street, L.L.C. to dismiss the complaint against them pursuant to CPLR 3216.
ROBERT PETER BOGDAN, SACKETS HARBOR, FOR PLAINTIFF-APPELLANT.
FISCHER, BESSETTE, MULDOWNEY & HUNTER, LLP, MALONE (RICHARD F. HUNTER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court