Opinion
No. CA 07-00868.
February 28, 2008.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered February 9, 2007. The order granted the motion of defendant Alden State Bank to dismiss the complaint against it.
JAMES A. PARTACZ, WEST SENECA, FOR PLAINTIFFS-APPELLANTS.
HURWITZ FINE, P.C., BUFFALO (TIMOTHY P. JOHNSON OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Gorski, J.P., Martoche, Lunn, Fahey and Pine, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Alden State Bank v Sunrise Bldrs., Inc., 48 AD3d 1162.