Schmidt v Lorenzo

Schmidt v Lorenzo 2010 NY Slip Op 01147 [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. 3.)

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

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

Appeal from an order of the Supreme Court, Chautauqua County (Timothy J. Walker, A.J.), entered May 4, 2009. The order, insofar as appealed from, denied the motion of plaintiff for summary judgment on the cause of action for unjust enrichment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Schmidt v Lorenzo ([appeal No. 1] 70 AD3d 1362 [2010]). Present—Centra, J.P., Peradotto, Lindley, Pine and Gorski, JJ.