Bentley v. Dox

Appeal from an order of the Supreme Court, Ontario County (James R. Harvey, A.J.), entered December 12, 2003. The order denied plaintiffs motion for summary judgment on the fifth cause of action, granted in part defendant’s cross motion for summary judgment, dismissed the third and fifth causes of action, and referred the fourth cause of action to arbitration.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the cross motion with respect to the fifth cause of action and reinstating that cause of action and as…