TVGA Eng'g, Surveying, P.C. v Gallick (2007 NY Slip Op 08490)

TVGA Eng'g, Surveying, P.C. v Gallick

2007 NY Slip Op 08490 [45 AD3d 1252]

November 9, 2007

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 16, 2008

TVGA Engineering, Surveying, P.C., Respondent, v Lawrence J. Gallick et al., Appellants. (Appeal No. 1.)

—[*1] Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Daniel T. Roach of counsel), for defendants-appellants.

Hodgson Russ LLP, Buffalo (Hugh M. Russ, III, of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered April 26, 2006. The order, insofar as appealed from, denied that part of defendants' motion to dismiss the complaint as barred by release.

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

Same memorandum as in TVGA Eng'g, Surveying, P.C. v Gallick (45 AD3d 1252 [2007]). Present—Scudder, P.J., Martoche, Centra, Green and Pine, JJ.