Buffalo Indus. Group, Inc. v Frontier-Kemper/Flatiron, J.V.
2008 NY Slip Op 05222 [52 AD3d 1270] [52 AD3d 1270]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Buffalo Industries Group, Inc., Respondent, v Frontier-Kemper/Flatiron, J.V., Appellant.

—[*1] Ernstrom & Dreste, LLP, Rochester (Douglas A. Bass of counsel), for defendant-appellant.

Frank A. Aloi, Rochester, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Livingston County (Ann Marie Taddeo, J.), entered August 20, 2007. The order, insofar as appealed from, denied that part of defendant's motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Hurlbutt, Centra, Fahey and Peradotto, JJ.