Opinion
No. CA 08-01048.
March 20, 2009.
Appeal from an order of the Supreme Court, Monroe County (Stephen K. Lindley, J.), entered February 27, 2008 in an action for a declaratory judgment and an injunction. The order granted summary judgment to defendant Export Finance Insurance Corporation.
HARRIS BEACH PLLC, PITTSFORD (PHILIP G. SPELLANE OF COUNSEL), FOR PLAINTIFF-APPELLANT.
UNDERBERG KESSLER LLP, ROCHESTER (GORDON J. LIPSON OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Scudder, P.J., Hurlbutt, Centra, Green and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously modified on the law by dismissing the second amended complaint against defendant Export Finance Insurance Corporation and as modified the order is affirmed without costs.
Same memorandum as in Summers v City of Rochester ( 60 AD3d 1271).