Opinion
CA 02-01258
February 7, 2003.
Appeal from an order of Supreme Court, Cattaraugus County (NeMoyer, J.), entered November 19, 2001, which, inter alia, denied the motion of defendant Sugar Creek Stores, Inc., to dismiss the second amended complaint.
ROBERT J. SANT, ROCHESTER, FOR DEFENDANT-APPELLANT. CHELUS, HERDZIK, SPEYER, MONTE PAJAK, P.C., BUFFALO (JENNIFER V. SCHIFFMACHER OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, GORSKI, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs for the reasons stated in decision at Supreme Court, Cattaraugus County, NeMoyer, J.