Apple v. Apple

Appeal from that part of an order of Supreme Court, Erie County (Mahoney, J.), entered October 1, 2002, that, upon reargument, adhered to the court’s previous order denying defendant’s motion for summary judgment dismissing the complaint and for attorneys’ fees.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: In this action seeking damages for breach of contract, defendant appeals from two orders of Supreme Court. The first denied her motion for summary judgment dismissing the complaint and for attorneys’ fees, and the…