Zabel v M&T Bank
2012 NY Slip Op 06421 [98 AD3d 1259]
September 28, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2012


Frederick W. Zabel, Respondent,
v
M&T Bank, Appellant.

—[*1] Hodgson Russ LLP, Buffalo (Joshua Feinstein of counsel), for defendant-appellant.

Chiacchia & Fleming, LLP, Hamburg (Lisa A. Poch of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered October 28, 2011. The order granted the motion of plaintiff to compel the production of documents.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Fahey, Lindley, Sconiers and Martoche, JJ.