Appellate Division of the Supreme Court of the State of New York March 19, 2010 (Lattimore Road Surgicenter, Inc. v. Merchants Group, Inc.)

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered May 21, 2009 in a breach of contract action. The order, among other things, denied plaintiffs motion for summary judgment.

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