Scalise Industries, Inc. v. Murdock

Appeal from a judgment of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered January 20, 2005. The judgment dismissed the amended complaint.

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

Memorandum: We conclude that Supreme Court properly granted defendant’s motion. Contrary to plaintiffs contention on appeal, the court did not err in treating defendant’s motion as one for summary judgment dismissing the amended complaint. Although defendant initially sought dismissal of the amended complaint for failure to…