Merrill v Romeo's Rest. of Rochester, Inc.

Merrill v Romeo's Rest. of Rochester, Inc. 2016 NY Slip Op 07483 Decided on November 10, 2016 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 November 10, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, DEJOSEPH, NEMOYER, AND CURRAN, JJ.
905 CA 15-02008

[*1]CAROLYN MERRILL, CPA, PLAINTIFF-RESPONDENT,

v

ROMEO'S RESTAURANT OF ROCHESTER, INC., DEFENDANT-APPELLANT.

THOMAS J. RZEPKA, ROCHESTER, FOR DEFENDANT-APPELLANT.

JAECKLE, FLEISCHMANN & MUGEL, LLP, BUFFALO (CHARLES C. SWANEKAMP OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered July 21, 2015. The order and judgment dismissed with prejudice any and all counterclaims asserted against plaintiff.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see GMAC Mtge., LLC v Guccione, 127 AD3d 1136, 1137; Page v Watson, 304 AD2d 382, 382; Brannigan v Dubuque, 199 AD2d 851, 851-852).

Entered: November 10, 2016

Frances E. Cafarell

Clerk of the Court