Tonzi v Nichols
2010 NY Slip Op 07003 [77 AD3d 1450]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


Carol A. Tonzi, Respondent-Appellant, v Richard H. Nichols, Individually and Doing Business as Nichols Financial Services, Appellant-Respondent. (Appeal No. 1.)

—[*1] Underberg & Kessler LLP, Rochester (Colin D. Ramsey of counsel), for defendant-appellant-respondent. Foley and Foley, Palmyra (James F. Foley of counsel), for plaintiff-respondent-appellant. William A. Jacobson, Ithaca, amicus curiae in support of plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Wayne County (Francis A. Affronti, J.), entered September 4, 2009. The order, among other things, granted in part defendant'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—Smith, J.P., Peradotto, Lindley, Sconiers and Pine, JJ. [Prior Case History: 24 Misc 3d 1249(A), 2009 NY Slip Op 51924(U).]