First Am. Commercial Bancorp, Inc. v Saatchi & Saatchi Rowland, Inc. (2008 NY Slip Op 07297)

First Am. Commercial Bancorp, Inc. v Saatchi & Saatchi Rowland, Inc.

2008 NY Slip Op 07297 [55 AD3d 1263]

October 3, 2008

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, December 10, 2008

First American Commercial Bancorp, Inc., Appellant, v Saatchi & Saatchi Rowland, Inc. (Formerly Saatchi & Saatchi Business Communications, Inc.), et al., Respondents. (Appeal No. 1.)

—[*1] Gates & Adams, P.C., Rochester (Douglas Gates of counsel), for plaintiff-appellant.

Ward Norris Heller & Reidy LLP, Rochester (Russell I. Zuckerman of counsel), for defendants-respondents Saatchi & Saatchi Rowland, Inc. (Formerly Saatchi & Saatchi Business Communications, Inc.) and CB Richard Ellis.

Fix Spindelman Brovitz & Goldman, P.C., Fairport (Karl S. Essler of counsel), for defendant-respondent Vanteon Corporation.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered December 11, 2006. The order granted that part of the motion of defendants Saatchi & Saatchi Rowland, Inc. (formerly Saatchi & Saatchi Business Communications, Inc.) and CB Richard Ellis to dismiss the first, third, and fourth causes of action against defendant Saatchi & Saatchi Rowland, Inc. (formerly Saatchi & Saatchi Business Communications, Inc.) and the first amended complaint against defendant CB Richard Ellis and granted that part of the motion of defendant Vanteon Corporation to dismiss the first amended complaint against it.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in First Am. Commercial Bancorp, Inc. v Saatchi & Saatchi Rowland, Inc. (55 AD3d 1264 [2008]). Present—Hurlbutt, J.P., Martoche, Smith, Green and Pine, JJ.