Opinion
No. CA 10-01069.
March 25, 2011.
Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered April 14, 2010 in a breach of contract action. The order, among other things, denied in part defendant's motion to dismiss plaintiffs' second amended complaint.
HITCHCOCK CUMMINGS, LLP, NEW YORK CITY (CHRISTOPHER B. HITCHCOCK OF COUNSEL), AND CONNORS VILARDO, LLP, BUFFALO, FOR DEFENDANT-APPELLANT.
PHILLIPS LYTLE LLP, BUFFALO (KENNETH A. MANNING OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Present: Scudder, P.J., Fahey, Carni, Green and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.