Schwerzmann & Wise, P.C. v Town of Hounsfield
2015 NY Slip Op 02604 [126 AD3d 1483]
March 27, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 29, 2015


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  Schwerzmann & Wise, P.C., Respondent, v Town of Hounsfield, Appellant. (Appeal No. 1.)

Paul F. Shanahan, Pittsford, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for defendant-appellant.

Bond, Schoeneck & King, PLLC, Syracuse (Jonathan B. Fellows of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Jefferson County (James P. McClusky, J.), entered January 7, 2014. The order, among other things, granted plaintiff's motion for summary judgment on its account stated cause of action.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Scudder, P.J., Lindley, Valentino and DeJoseph, JJ.