Smith v Daldry
2007 NY Slip Op 04993 [41 AD3d 1249]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Noble Smith, Appellant, v Robert Daldry, Sr., et al., Respondents. (Appeal No. 2.)

[*1] Andrea Risoli, Eastchester, for plaintiff-appellant.

David Lee Foster, Geneva, for defendants-respondents.

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered November 2, 2005 in an action for breach of contract. The order awarded plaintiff attorney's fees in the amount of $2,875 against defendant Robert Daldry, Sr.

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