| Frascogna v Brown, Chiari, Capizzi & Frascogna, LLP |
| 2006 NY Slip Op 03280 [28 AD3d 1171] |
| April 28, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Frank Frascogna, Appellant, v Brown, Chiari, Capizzi & Frascogna, LLP, et al., Respondents. |
—[*1]Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered August 10, 2005. The order denied plaintiff's motion for partial summary judgment on the first cause of action and dismissal of the second and third affirmative defenses.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.