Bridge Street Enterprises v. Pastino's Italian Grill, Inc.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J), entered September 18, 2006. The order, insofar as appealed from, denied plaintiffs motion for summary judgment.

It is hereby ordered that the order so appealed from be and *1307the same hereby is unanimously modified on the law by granting the motion insofar as it seeks judgment on liability against defendants Pastino’s Italian Grill, Inc., Russell Digristina, Charles Digristina, 55 Cheyenne Realty Corp. and Carmel Ezzo and dismissal of the counterclaims and dismissing the counterclaims and as modified the order…