JCS Controls, Inc. v Stacey
2008 NY Slip Op 10258 [57 AD3d 1368]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


JCS Controls, Inc., Appellant, v Richard Stacey, Respondent. (Appeal No. 1.)

—[*1] Woods Oviatt Gilman LLP, Rochester (Greta K. Kolcon of counsel), for plaintiff-appellant.

Lyman & Lyman LLC, Albion (Nathan M. Lyman of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered May 18, 2007. The order, insofar as appealed from, granted defendant summary judgment on the fourth and fifth causes of action and partial summary judgment on the first counterclaim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in JCS Controls, Inc. v Stacey (57 AD3d 1372 [2008]). Present—Scudder, P.J., Hurlbutt, Lunn, Green and Gorski, JJ.