Michael S. Bennett v Kissing Bridge Corporation

Bennett v Kissing Bridge Corp. 2005 NY Slip Op 06636 [5 NY3d 812] September 13, 2005 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 16, 2005

[*1] Michael S. Bennett et al., Appellants,
v
Kissing Bridge Corporation, Respondent.

Decided September 13, 2005

Bennett v Kissing Bridge Corp., 17 AD3d 990, affirmed.

APPEARANCES OF COUNSEL

Smith, Keller, Miner & O'Shea, Buffalo (Philip J. O'Shea, Jr., of counsel), for appellants.

Damon & Morey LLP, Buffalo (Brian A. Birenbach of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (17 AD3d 990).

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith.