Ash v Window Specialist, Inc. (2011 NY Slip Op 02279)

Ash v Window Specialist, Inc.

2011 NY Slip Op 02279 [82 AD3d 1687]

March 25, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, May 11, 2011

Kenneth Ash, Respondent, v Window Specialist, Inc., Appellant. (Appeal No. 1.)

—[*1] Nesper, Ferber & Digiacomo, LLP, Amherst (Gabriel J. Ferber of counsel), for defendant-appellant.

Law Office of Philip A. Milch, Buffalo (Philip A. Milch of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered March 15, 2010 in a breach of contract action. The order, among other things, determined that defendant owed plaintiff the sum of $103,553.33 plus statutory interest.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977 [1989]). Present—Centra, J.P., Fahey, Carni, Green and Gorski, JJ.