Majority
p. 79Robert Jellinick, Respondent, v Joseph J. Naples & Associates, Inc., Appellant, et al., Defendant. (Appeal No. 2.) [746 NYS2d 413]
Appeal from a judgment of Supreme Court, Erie County (NeMoyer, J.), entered April 2, 2001, in favor of plaintiff and against defendant Joseph J. Naples & Associates, Inc. in the amount of $362,793.42.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously vacated without costs.
p. 80
Same opinion by Pigott, Jr., P.J., as in Jellinick v Joseph J. Naples & Assoc. ( 296 AD2d 75 ). Present — Pigott, Jr., P.J., Green, Scudder, Burns and Gorski, JJ.