Infarinato v Rochester Tel. Corp.
2019 NY Slip Op 03222 [171 AD3d 1518]
April 26, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2019


[*1]
 Richard Infarinato, Appellant-Respondent,
v
Rochester Telephone Corporation et al., Defendants, and Frontier Telephone of Rochester, Inc., as Successor in Interest to Rochester Telephone Corporation, Respondent-Appellant.

Cheney & Blair, LLP, Geneva (David D. Benz of counsel), for plaintiff-appellant-respondent.

The Glennon Law Firm, P.C., Rochester (Craig D. Peterson of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered February 8, 2018. The order, among other things, denied the motion of plaintiff for partial summary judgment and denied the cross motion of defendant Frontier Telephone of Rochester, Inc., as successor in interest to Rochester Telephone Corporation, 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—Centra, J.P., Peradotto, Lindley, Troutman and Winslow, JJ.