LEE v. CANANDAIGUA NATIONAL BANK & TRUST

89 CA 22-00039.

213 A.D.3d 1207 (2023)

181 N.Y.S.3d 486

2023 NY Slip Op 00531

Michael Lee, on Behalf of Himself and All Others Similarly Situated, Respondent, v. Canandaigua National Bank & Trust, Appellant.

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

Decided February 3, 2023.


Attorney(s) appearing for the Case

NIXON PEABODY LLP, ROCHESTER ( CAROLYN G. NUSSBAUM OF COUNSEL), FOR DEFENDANT-APPELLANT.

CHERUNDOLO LAW FIRM, PLLC, SYRACUSE ( DAVID H. TENNANT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Curran, Bannister and Ogden, JJ.


Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered December 10, 2021. The order, insofar as appealed from, denied in part the motion of defendant to dismiss the complaint.

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

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