Tonkin v Lofthouse

Tonkin v Lofthouse 2006 NY Slip Op 08504 [34 AD3d 1310] November 17, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

Richard J. Tonkin, Respondent, v Rick A. Lofthouse, Appellant. (Appeal No. 2.)

—[*1]Appeal from an order of the Supreme Court, Oswego County (John J. Elliott, A.J.), dated July 19, 2005 in a breach of contract action. The order denied defendant's motion to set aside the verdict.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1]). Present—Hurlbutt, A.P.J., Scudder, Gorski, Centra and Green, JJ.