Parker v Fay Yuen Fu
2008 NY Slip Op 00899 [48 AD3d 1165]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Joseph D. Parker et al., Appellants, v Fay Yuen Fu et al., Defendants, and Alden State Bank, Respondent. (Appeal No. 3.)

—[*1] James A. Partacz, West Seneca, for plaintiffs-appellants.

Hurwitz & Fine, P.C., Buffalo (Timothy P. Johnson of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered February 9, 2007. The order granted the motion of defendant Alden State Bank to dismiss the complaint against it.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Alden State Bank v Sunrise Bldrs., Inc., 48 AD3d 1162 [2008]). Present—Gorski, J.P., Martoche, Lunn, Fahey and Pine, JJ.