Chiarella v. Midtown Rochester, LLC

Appeal from an order of Supreme Court, Monroe County (Stander, J.), entered September 25, 2002, which granted plaintiffs motion for summary judgment on the first cause of action and denied the cross motion of defendant LaSalle Partners Management Services, Inc. for summary judgment dismissing the complaint against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiffs motion and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover sums allegedly due as…