All Star Leasing, Inc. v. Joseph Davis, Inc.

Appeal from an order of the Supreme Court, Livingston County (Ronald A. Cicoria, A.J.), entered April 21, 2004. The order, insofar as appealed from, upon renewal granted that part of plaintiffs motion seeking summary judgment against defendant Jeffrey Davis on the first cause of action for diversion of trust funds.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and that part of the motion seeking summary judgment against defendant Jeffrey Davis is denied.

*1062Memorandum: Supreme Court granted the motion of…