Paul M. Fowler Dev. Corp. v Caputo
2008 NY Slip Op 03898 [50 AD3d 1602]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Paul M. Fowler Development Corp., Respondent, v James R. Caputo et al., Appellants. (Appeal No. 2.)

—[*1] Harris Beach PLLC, Pittsford (Laura W. Smalley of counsel), for defendants-appellants.

Greene, Hershdorfer & Sharpe, Syracuse (Sherry R. Bruce of counsel), for plaintiff-respondent. Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered September 26, 2007 in a breach of contract action. The order, among other things, denied the motion of defendants for leave to renew their motion to vacate the default judgment filed June 26, 2007.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Martoche, J.P., Centra, Lunn, Fahey and Gorski, JJ.