Jellinick v. Joseph J. Naples & Associates, Inc.

Appeal from a judgment of Supreme Court, Erie County (NeMoyer, J.), entered April 2, 2001, in favor of plaintiff and against defendant Joseph J. Naples & Associates, Inc. in the amount of $362,793.42.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously vacated without costs. *80Same opinion by Pigott, Jr., P.J., as in Jellinick v Joseph J. Naples & Assoc. (296 AD2d 75). Present — Pigott, Jr., P.J., Green, Scudder, Burns and Gorski, JJ.