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VIAL v. VELOCITY SERVERS, INC.

1025 CA 23-00079.

2024 NY Slip Op 01464

ALEX S. VIAL, Plaintiff-Appellant, v. VELOCITY SERVERS, INC., NOW KNOWN AS WNY IT SERVICES, INC., DOING BUSINESS AS COLORCROSSING, Defendant-Respondent.

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

Decided March 15, 2024.

Attorney(s) appearing for the Case

COLUCCI & GALLAHER, P.C., BUFFALO ( PAUL G. JOYCE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GROSS SHUMAN P.C., BUFFALO ( B. KEVIN BURKE, JR. , OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, GREENWOOD, AND DELCONTE, JJ.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 22, 2022. The order denied in part the motion of plaintiff for summary judgment and dismissed plaintiff's breach of contract cause of action with respect to a sale bonus.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by reinstating the first cause of action in its entirety, and as modified the order is affirmed without costs.

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