M&T BANK v. CHOICE GRANITE PRODUCTS LTD.

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

57 CA 13-00837 PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, AND VALENTINO, JJ.

M&T BANK, PLAINTIFF-RESPONDENT,

V MEMORANDUM AND ORDER

CHOICE GRANITE PRODUCTS LTD., ET AL., DEFENDANTS, AND CARINA FARBER, ALSO KNOWN AS CARMEN FARBER, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

ZDARSKY, SAWICKI & AGOSTINELLI LLP, BUFFALO (GERALD T. WALSH OF COUNSEL), FOR DEFENDANT-APPELLANT.

GETMAN & BIRYLA, LLP, BUFFALO (MATTHEW D. VALAURI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered March 12, 2013. The order granted plaintiff’s motion for summary judgment as against Carina Farber, also known as Carmen Farber.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in M&T Bank v Choice Granite Products Ltd. ([appeal No. 2] ___ AD3d ___ [Mar. 21, 2014]).

Entered: March 21, 2014 Frances E. Cafarell Clerk of the Court