Rocky Point Props., Inc. v Sear-Brown Group, Inc. (2008 NY Slip Op 10381)

Rocky Point Props., Inc. v Sear-Brown Group, Inc.

2008 NY Slip Op 10381 [57 AD3d 1482]

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

Rocky Point Properties, Inc., Appellant, v The Sear-Brown Group, Inc., et al., Respondents, et al., Defendant.

—[*1] McLane, Smith and Lascurettes, L.L.P., Utica (Steven A. Smith of counsel), for plaintiff-appellant.

Harter Secrest & Emery LLP, Rochester (Jeffrey A. Wadsworth of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered August 6, 2007 in an action for negligence and breach of contract. The order, among other things, denied plaintiff's motion for summary judgment against defendants The Sear-Brown Group, Inc. and Sear-Brown Associates, P.C.

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., Martoche, Fahey and Gorski, JJ.