GERBER v. EMPIRE SCALE

NO. 1267, CA 15-00185

147 A.D.3d 1434 (2017)

46 N.Y.S.3d 768

2017 NY Slip Op 00876

ARTHUR GERBER, Doing Business as NOOTEN SCALE SERVICE, Appellant, v. EMPIRE SCALE, Doing Business as PRECISION SCALE & BALANCE, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 3, 2017.


Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered April 2, 2014. The order and judgment denied plaintiff's motion to compel discovery and granted the cross motion of defendant for summary judgment dismissing the complaint and for attorney's fees.

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

Memorandum: Plaintiff appeals from an order...

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