CAROL TONZI PLAINTIFF RESPONDENT APPELLANT v. APPEAL NO (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

CAROL A. TONZI, PLAINTIFF-RESPONDENT-APPELLANT, v. RICHARD H. NICHOLS, INDIVIDUALLY AND DOING BUSINESS AS NICHOLS FINANCIAL SERVICES, DEFENDANT-APPELLANT -RESPONDENT. (APPEAL NO. 1.)

CA 10-00407

Decided: October 01, 2010

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND PINE, JJ.

UNDERBERG & KESSLER LLP, ROCHESTER (COLIN D. RAMSEY OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT. FOLEY AND FOLEY, PALMYRA (JAMES F. FOLEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

ORDER

WILLIAM A. JACOBSON, ITHACA, AMICUS CURIAE IN SUPPORT OF

PLAINTIFF-RESPONDENT-APPELLANT.

Appeal and cross appeal from an order of the Supreme Court, Wayne County (Francis A. Affronti, J.), entered September 4, 2009. The order, among other things, granted in part defendant's motion 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.

Patricia L. Morgan

Clerk of the Court

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