July 5, 2013
APRYL CALACI, PLAINTIFF-RESPONDENT,
ALLIED INTERSTATE, INC., ALLIED INTERSTATE, LLC AND IQOR U.S. INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)
REED SMITH LLP, NEW YORK CITY (CASEY D. LAFFEY OF COUNSEL), AND UNDERBERG & KESSLER LLP, BUFFALO, FOR DEFENDANTS-APPELLANTS.
LAW OFFICES OF KENNETH HILLER, PLLC, AMHERST (KENNETH R. HILLER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.
Appeal from an order of the Supreme Court, Monroe County (Thomas M. Van Strydonck, J.), entered May 26, 2012. The order, among other things, granted the motion of plaintiff for judgment on liability based on defendants' default and for an inquest on damages, and denied the amended motion of defendants to dismiss the complaint and compel arbitration.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in Calaci v Allied Interstate, Inc. ([appeal No. 2] ___ A.D.3d ___ [July