Urban v B.R. Guest, Inc. (2007 NY Slip Op 08686)

Urban v B.R. Guest, Inc.

2007 NY Slip Op 08686 [45 AD3d 1417]

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

Howard Urban, Appellant, v B.R. Guest, Inc., Also Known as B.R. Guest, Ltd., et al., Respondents. (Appeal No. 1.)

—[*1] Goldberg Segalla LLP, Buffalo (Jeffrey A. Carlino of counsel), for plaintiff-appellant.

Walsh, Roberts & Grace, Buffalo (Keith N. Bond of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 13, 2006. The order, after a nonjury trial, granted a money judgment in favor of plaintiff and 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—Hurlbutt, J.P., Centra, Lunn, Fahey and Pine, JJ.