Brandon Management Group, Inc. v. WM. Schutt & Associates, Engineering & Land Surveying, P.C.

Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered January 5, 2006 in a breach of contract action. The order, insofar as appealed from, denied in part defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present — Hurlbutt, J.P., Gorski, Martoche and Pine, JJ.