Schmidt v Lorenzo

Schmidt v Lorenzo 2010 NY Slip Op 01146 [70 AD3d 1363] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Jason L. Schmidt, Appellant, v Gregory V. Lorenzo et al., Respondents. (Appeal No. 2.)

—[*1] Jason L. Schmidt, plaintiff-appellant pro se.

Damon Morey LLP, Buffalo (Gregory Zini of counsel), for defendants-respondents.

Appeal from a decision (denominated decision and order) of the Supreme Court, Chautauqua County (Timothy J. Walker, A.J.), entered May 4, 2009. The decision directed defendants to submit an order with respect to the denial of the motion of plaintiff for summary judgment on the cause of action for unjust enrichment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Pecora v Lawrence, 28 AD3d 1136, 1137 [2006]). Present—Centra, J.P., Peradotto, Lindley, Pine and Gorski, JJ.