Parlato v Incredible Invs. Ltd.
2009 NY Slip Op 08309 [67 AD3d 1378]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


Frank Parlato, Jr., Individually and as Manager of One Niagara, LLC and as President of Whitestar Development Corp., et al., Respondents, v Incredible Investments Limited et al., Appellants, et al., Defendant. (Appeal No. 2.)

—[*1] Zdarsky Sawicki & Agostinelli LLP, Buffalo (Joseph E. Zdarsky of counsel) and Lorenzo & Cohen, for defendants-appellants.

Roscetti & DeCastro, P.C., Niagara Falls (Paul A. Grenga of counsel), for plaintiffs-respondents.

Appeals from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered July 15, 2008. The order adjourned the motions of defendants-appellants to vacate a preliminary injunction.

It is hereby ordered that said appeals are unanimously dismissed without costs (see Fisher v Ives, 251 AD2d 1022 [1998]). Present—Centra, J.P., Fahey, Peradotto, Carni and Gorski, JJ.