Optic Plus Enters., Ltd. v Bausch & Lomb Inc.

Optic Plus Enters., Ltd. v Bausch & Lomb Inc. 2006 NY Slip Op 09883 [35 AD3d 1261] December 22, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

Optic Plus Enterprises, Limited, Appellant, v Bausch & Lomb Incorporated et al., Respondents. (Appeal No. 1.)

—[*1]Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered March 16, 2006. The order, among other things, granted defendants' motion to dismiss the third and fourth causes of action and denied plaintiff's cross motion for summary judgment dismissing defendants' fourth counterclaim and for a protective order.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Gorski, J.P., Martoche, Smith, Green and Pine, JJ.