Homeowners Ass'n of Victoria Woods, III, Inc. v. Incarnato

Appeal from an order of the Supreme Court, Ontario County (James R. Harvey, A.J.), entered January 21, 2003. The order granted the cross motion of Phillips, Lytle, Hitchcock, Blaine & Huber, LLP and Richard J. Mooney, Esq. for summary judgment dismissing defendant’s claims against them and dismissed as moot defendant’s motion to compel discovery.

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

Memorandum: Supreme Court properly granted the cross motion of Phillips, Lytle, Hitchcock, Blaine & Huber, LLP, and Richard J. Mooney,…