Gambell v Excellus, Inc.
2007 NY Slip Op 10367 [46 AD3d 1466]
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


Carol Gambell, Plaintiff, and The Training Room, Inc., Appellant, v Excellus, Inc., et al., Respondents.

—[*1] Weisberg & Zukher, PLLC, Syracuse (David E. Zukher of counsel), for plaintiff-appellant.

Bond, Schoeneck & King, PLLC, Syracuse (Robert Kirchner of counsel), for defendants-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered June 7, 2006 in a breach of contract action. The order and judgment, among other things, denied the motion of plaintiff The Training Room, Inc. for partial summary judgment.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Martoche, Smith, Centra and Green, JJ.