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Schmidt v. Lorenzo

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


February 11, 2010

JASON L. SCHMIDT, APPELLANT,
v.
GREGORY V. LORENZO ET AL., RESPONDENTS. (APPEAL NO. 2.)

Appeal from a decision (denominated decision and order) of the Supreme Court, Chautauqua County (Timothy J. Walker, A.J.), entered May 4, 2009. The decision directed defendants to submit an order with respect to the denial of the motion of plaintiff for summary judgment on the cause of action for unjust enrichment.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 31, 2010

It is hereby ordered that said appeal is unanimously dismissed without costs (see Pecora v Lawrence, 28 AD3d 1136, 1137 [2006]).

Present---Centra, J.P., Peradotto, Lindley, Pine and Gorski, JJ.

20100211

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