Gee v M & T Bank (2009 NY Slip Op 09935)

Gee v M & T Bank

2009 NY Slip Op 09935 [68 AD3d 1818]

December 30, 2009

Appellate Division, Fourth Department

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

As corrected through Wednesday, February 10, 2010

Leno W. Gee, Appellant,
v
M & T Bank et al., Respondents.

—[*1] Leno W. Gee, plaintiff-appellant pro se.

Hodgson Russ LLP, Buffalo (Julia M. Hilliker of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered September 10, 2008 in an action for, inter alia, breach of fiduciary duty. The order denied plaintiff's motion for summary judgment.

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—Centra, J.P., Peradotto, Carni, Pine and Gorski, JJ.