Widewaters Prop. Dev. Co., Inc. v Katz
2007 NY Slip Op 02202 [38 AD3d 1225]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


Widewaters Property Development Company, Inc., et al., Appellants, v Arthur H. Katz et al., Respondents. (Appeal No. 2.)

—[*1] Menter, Rudin & Trivelpiece, P.C., Syracuse (Julian B. Modesti of counsel), for plaintiffs-appellants.

Hancock & Estabrook, LLP, Syracuse (David G. Linger of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered May 4, 2006. The order denied plaintiffs' motion for summary judgment dismissing the counterclaims.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and dismissing the first counterclaim and as modified the order is affirmed without costs.

Same memorandum as in Widewaters Prop. Dev. Co., Inc. v Katz (38 AD3d 1220 [2007]). Present—Gorski, J.P., Smith, Lunn, Peradotto and Pine, JJ.