| Lee v Canandaigua Natl. Bank & Trust |
| 2023 NY Slip Op 00531 [213 AD3d 1207] |
| February 3, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Lee, on Behalf of Himself and All Others
Similarly Situated, Respondent, v Canandaigua National Bank & Trust, Appellant. |
Nixon Peabody LLP, Rochester (Carolyn G. Nussbaum of counsel), for defendant-appellant.
Cherundolo Law Firm, PLLC, Syracuse (David H. Tennant of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered December 10, 2021. The order, insofar as appealed from, denied in part the motion of defendant to dismiss the complaint.
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—Whalen, P.J., Smith, Curran, Bannister and Ogden, JJ.