Moran v Erk (2007 NY Slip Op 08547)

Moran v Erk

2007 NY Slip Op 08547 [45 AD3d 1328]

November 9, 2007

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 16, 2008

James J. Moran et al., Respondents, v Mehmet Erk et al., Defendants-Appellants. (Appeal No. 1.)

—[*1] Harter Secrest & Emery LLP, Buffalo (John G. Horn of counsel), for defendants-appellants.

Phillips Lytle LLP, Buffalo (Chad W. Flansburg of counsel), for plaintiffs-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered July 13, 2006 in a breach of contract action. The order and judgment, after a nonjury trial, awarded plaintiffs $120,000 in damages and statutory interest against defendants.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977 [1989]). Present—Scudder, P.J., Gorski, Lunn, Peradotto and Green, JJ.