Ginley Family Real Estate Trust v Roscoe
2007 NY Slip Op 05076 [41 AD3d 1312]
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


The Ginley Family Real Estate Trust, by Michael P. Ginley and Another, as Cotrustees, Respondent, v Francis W. Roscoe, II, et al., Appellants. HMC Management Corp., Respondent,
v
Francis W. Roscoe, II, et al., Appellants. (Appeal No. 2.)

—[*1] Levene Gouldin & Thompson, LLP, Binghamton (David M. Gouldin of counsel), for defendants-appellants. Michaels & Smolak, P.C., Auburn (Michael G. Bersani of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered November 30, 2006 in a breach of contract action. The order, among other things, granted the motion of plaintiff HMC Management Corp. for summary judgment, granted that plaintiff judgment against defendants in the amount of $65,000 with interest and granted the motion of plaintiff The Ginley Family Real Estate Trust, by Michael P. Ginley and John J. Ginley, III, as Cotrustees, for partial summary judgment on the issue of liability.

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