Triaga v Special Metals Corp.
2008 NY Slip Op 02377 [49 AD3d 1289]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Joseph M. Triaga, Appellant, v Special Metals Corp., Respondent.

—[*1] Spann & Spann, P.C., Dunkirk (James J. Spann of counsel), for plaintiff-appellant.

Law Office of David M. Pellow, Esq., Syracuse (David M. Pellow of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Chautauqua County (Paula L. Feroleto, J.), entered November 30, 2006 in a breach of contract action. The order granted defendant's motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.