Plesko v PSC Inc.
2008 NY Slip Op 07334 [55 AD3d 1297]
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


George A. Plesko, Appellant, v PSC Inc. et al., Respondents.

—[*1] McMillan, Constabile, Maker & Perone, LLP, Larchmont (Stewart A. McMillan of counsel), for plaintiff-appellant.

Richard A. Palumbo, Pittsford, for defendant-respondent PSC Inc.

Harter Secrest & Emery LLP, Rochester (Kimberly I. Shimomura of counsel), for defendant-respondent Symbol Technologies, Inc.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered February 16, 2007 in a breach of contract action. The order granted defendants' motions to dismiss 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., Smith, Centra, Fahey and Gorski, JJ.