Rer v. Marabella

— Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered July 31, 2007 in a breach of contract action. The order, insofar as appealed from, denied plaintiffs motion for summary judgment and granted in part defendants’ cross motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Hurlbutt, J.P, Martoche, Smith, Fahey and Peradotto, JJ.