Graybar Elec. Co., Inc. v Energy E. Mgt. Corp.
2007 NY Slip Op 02322 [38 AD3d 1322]
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


Graybar Electric Company, Inc., Appellant, v Energy East Management Corporation et al., Respondents. (Appeal No. 1.)

—[*1] Harris Beach PLLC, Pittsford (A. Vincent Buzard of counsel), for plaintiff-appellant.

Nixon Peabody LLP, Rochester (Andrew M. Burns of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered October 27, 2005. The order granted defendants' motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We note, however, that on the record before us the agreement at issue had not been terminated by either party pursuant to paragraph 5.1 of the agreement. Present—Hurlbutt, J.P., Gorski, Fahey, Peradotto and Green, JJ.