Rer, L.L.C. v Marabella
2008 NY Slip Op 08922 [56 AD3d 1231]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Rer, L.L.C., Appellant, v Samuel L. Marabella, Jr., et al., Respondents.

—[*1] Hodgson Russ LLP, Buffalo (Jeffrey C. Stravino of counsel), for plaintiff-appellant.

Frank T. Gaglione, P.C., Amherst (Kellie M. Ulrich of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered July 31, 2007 in a breach of contract action. The order, insofar as appealed from, denied plaintiff's motion for summary judgment and granted in part defendants' cross motion for summary judgment.

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