Opinion
No. CA 07-00271.
March 14, 2008.
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered December 21, 2006 in a breach of contract action. The order granted defendant's motion for summary judgment dismissing plaintiffs replacement cost claim and directed defendant to pay plaintiff the sum of $37,270.76 in full satisfaction of plaintiff's loss.
BLOOM, COLE SHONN, LLP, BUFFALO (ERIC A. BLOOM OF COUNSEL), FOR PLAINTIFF-APPELLANT.
RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA LLC, BUFFALO (MARCO CERCONE OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Hurlbutt, J.P., Martoche, Smith, Lunn and Peradotto, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.