Capital Heat, Inc. v Buchheit (2007 NY Slip Op 10296)

Capital Heat, Inc. v Buchheit

2007 NY Slip Op 10296 [46 AD3d 1421]

December 21, 2007

Appellate Division, Fourth Department

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

As corrected through Wednesday, February 13, 2008

Capital Heat, Inc., Respondent, v Gerald A. Buchheit, Jr., Appellant. (Appeal No. 2.)

—[*1] Law Offices of Robert G. Walsh, P.C., Blasdell (Robert G. Walsh of counsel), for defendant-appellant.

Robert R. Radel, Buffalo, for plaintiff-respondent.

Appeal from an amended order and judgment (one paper) of the Supreme Court, Erie County (Christopher J. Burns, J.), entered June 13, 2006. The amended order and judgment, following a nonjury trial, awarded plaintiff the sum of $9,540 plus interest and costs against defendant.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Kolasz v Levitt, 63 AD2d 777, 779 [1978]). Present—Gorski, J.P., Martoche, Lunn, Fahey and Pine, JJ.