Bryndle v Safety-Kleen Sys., Inc. (2009 NY Slip Op 06957)

Bryndle v Safety-Kleen Sys., Inc.

2009 NY Slip Op 06957 [66 AD3d 1397]

October 2, 2009

Appellate Division, Fourth Department

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

As corrected through Wednesday, December 9, 2009

Daniel C. Bryndle, Appellant, v Safety-Kleen Systems, Inc., Respondent. (Appeal No. 2.)

—[*1] Hogan Willig, Attorneys at Law, Amherst (John B. Licata of counsel), for plaintiff-appellant.

Ricotta & Visco, Buffalo (K. John Bland of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered October 3, 2008 in a breach of contract action. The order, insofar as appealed from, granted defendant's motion to compel plaintiff to accept service of the amended answer.

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