Corgan v DiMarco Group, LLC
2010 NY Slip Op 01214 [70 AD3d 1410]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


Stephen J. Corgan, Respondent, v The DiMarco Group, LLC, et al., Appellants. (Appeal No. 2.)

—[*1] Woods Oviatt Gilman LLP, Rochester (Warren B. Rosenbaum of counsel), for defendants-appellants.

Culley, Marks, Tanenbaum & Pezzulo, LLP, Rochester (Glenn E. Pezzulo of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered December 11, 2008 in a breach of contract action. The order, inter alia, determined that plaintiff is entitled to damages upon the supplemental lease agreement with respect to certain real property following a nonjury trial.

It is hereby ordered that said appeal is unanimously dismissed without costs (see CPLR 5501 [a] [1]). Present—Scudder, P.J., Fahey, Lindley and Green, JJ.