Henderson Harbor Mariners' Mar., Inc. v I.F.S. Lisbon
2018 NY Slip Op 01825 [159 AD3d 1447]
March 16, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 2, 2018


[*1]
  Henderson Harbor Mariners' Marina, Inc., et al., Respondents,
v
I.F.S. Lisbon et al., Defendants, and Upstate National Bank, Appellant.

Barclay Damon LLP, Syracuse (Alan R. Peterman of counsel), for defendant-appellant.

Amdursky, Pelky, Fennell and Wallen, P.C., Oswego (Timothy J. Fennell of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), dated January 6, 2017. The order, among other things, denied in part the motion of defendant Upstate National Bank for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988, 988 [4th Dept 1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1st Dept 1978]; see also CPLR 5501 [a] [1]). Present—Whalen, P.J., Smith, Peradotto, Carni and DeJoseph, JJ.