Southtowns Nissan, Inc. v Nissan Div. of Nissan Motor Corp. in USA
2007 NY Slip Op 00794 [37 AD3d 1076]
February 2, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


Southtowns Nissan, Inc., Appellant, v Nissan Division of Nissan Motor Corporation in USA et al., Respondents.

—[*1] Mattar, D'Agostino & Gottlieb, LLP, Buffalo (Krista Gottlieb of counsel), for plaintiff-appellant.

Bingham Mc Cutchen LLP, Boston, Massachusetts (William N. Berkowitz, of the Massachusetts Bar, admitted pro hac vice, of counsel) and Goldberg Segalla LLP, Buffalo, for defendants-respondents.

Appeal from an order (denominated order and judgment) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered December 1, 2005 in a breach of contract action. The order granted defendants' motion for summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Hurlbutt, J.P., Lunn, Peradotto and Green, JJ.