Whitehouse v Inzinna

Whitehouse v Inzinna 2015 NY Slip Op 03680 Decided on May 1, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 1, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
497 CA 14-02072

[*1]DAVID E. WHITEHOUSE, PLAINTIFF-APPELLANT,

v

CINZIA INZINNA AND TIMOTHY WAGNER, DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered August 20, 2014. The order, among other things, denied the motion of plaintiff for summary judgment in lieu of complaint.

BARRETT GREISBERGER, LLP, WEBSTER (JUSTIN P. ALEXANDER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

WOODS OVIATT GILMAN LLP, ROCHESTER (JOHN C. NUTTER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: May 1, 2015

Frances E. Cafarell

Clerk of the Court