Roosa v. Campbell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeals from an order of Supreme Court, Cattaraugus County (Himelein, J.), entered March 29, 2001, which, inter alia, denied defendants’ cross motions for summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting in part defendants’ cross motions and dismissing the cause of action for breach of contract and by granting plaintiffs partial summary judgment on the Navigation Law cause of action and as modified the order is affirmed without costs.
Memorandum: The failure of defendant Sugar Creek Stores, Inc. (Sugar…
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