Pezzi v. O'Brien & Gere, Inc.

Appeal and cross appeal from an order of Supreme Court, Onondaga County (Murphy, J.), entered August 14, 2002, which denied plaintiff’s motion for summary judgment.

It is hereby ordered that said cross appeal be and the same hereby is unanimously dismissed (see Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488 [1978]; Matter of Brown v Starkweather, 197 AD2d 840, 841 [1993], lv denied 82 NY2d 653 [1993]; see also CPLR 5511) and the order is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for breach of a written agreement between him and…