Opinion
CA 05-02330.
March 17, 2006.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 1, 2005. The order, insofar as appealed from, granted that part of defendant's motion seeking to dismiss the complaint.
SAKOWSKI MARKELLO, LLP, ELMA (JOSEPH A. SAKOWSKI OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LAW OFFICE OF EPSTEIN HARTFORD, CHEEKTOWAGA (JENNIFER V. SCHIFFMACHER OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Before: Scudder, J.P., Kehoe, Martoche, Green and Hayes, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court.