Opinion
CA 02-00968
December 30, 2002.
Appeal and cross appeal from certain parts of an order of Supreme Court, Erie County (Mahoney, J.), entered January 4, 2002, which granted that part of defendant's motion seeking to dismiss the first cause of action and denied that part of defendant's motion seeking to dismiss the second cause of action.
DAMON MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
LUCIAN C. PARLATO, WILLIAMSVILLE, FOR PLAINTIFF-RESPONDENT-APPELLANT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND KEHOE, JJ.
ORDER
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, Erie County, Mahoney, J.