Bluffs Homeowners' Ass'n v. Frador Marketing, Inc.

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered June 17, 2005. The order denied plaintiffs motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied plaintiffs motion for summary judgment on the complaint, seeking a determination that plaintiff legally terminated its agreement with defendant. The agreement at issue provides that, “[i]n the event of a material breach of the terms of [the] agreement by either party, the other party…