Brown v. Krueger

Appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered October 7, 2003. The order denied without prejudice the motion of defendants Deargate Homes Limited and Frank Mauro for summary judgment dismissing the complaint and cross claims against defendant Frank Mauro.

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

Memorandum:

Supreme Court properly denied without prejudice the motion of Deargate Homes Limited and Frank Mauro (defendants) for summary judgment dismissing the complaint and cross claims…