Opinion
No. CA 09-02024.
March 19, 2010.
Appeal from an order of the Erie County Court (Shirley Troutman, J.), entered December 12, 2008. The order granted the motion of defendant to dismiss the complaint.
MOSEY PERSICO, LLP, BUFFALO (SHANNON M. HENEGHAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
COLUCCI GALLAHER, P.C., BUFFALO (CAROLYN E. KIRCHBERGER OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.