Jasco Tools, Inc. v Rogers

Jasco Tools, Inc. v Rogers 2007 NY Slip Op 08514 [45 AD3d 1295] November 9, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

Jasco Tools, Inc., Appellant, v Gary W. Rogers, Respondent, et al., Defendants. (Appeal No. 3.)

—[*1] Geiger and Rothenberg, LLP, Rochester (Alexander Geiger of counsel), for plaintiff-appellant.

Harter Secrest & Emery LLP, Rochester (Jerauld E. Brydges of counsel), for defendant-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered November 1, 2006. The order and judgment, following an inquest on damages, granted the motion of defendant Gary W. Rogers for leave to amend his counterclaim to conform to the proof and granted him judgment in the amount of $552,375.69 on his counterclaim.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Scudder, P.J., Gorski, Centra and Peradotto, JJ.