FFCA Acquisition Corp. v. PB Victor, Inc.

—Appeal from an order of Supreme Court, Ontario County (Harvey, J.), entered September 13, 2001, which, inter alia, granted plaintiffs motion seeking summary judgment.

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 in part, reinstating defendant’s fourth and fifth affirmative defenses and vacating the third, fourth and fifth ordering paragraphs and as modified the order is affirmed without costs. -

Memorandum: Supreme Court erred in granting in its entirety plaintiffs motion seeking summary judgment in…