Opinion
CA 03-01044.
November 21, 2003.
Appeal from an order of Supreme Court, Niagara County (Boniello, III, J.), entered December 13, 2002, which, inter alia, denied defendant's motion to dismiss the complaint.
Brown Kelly, LLP, Buffalo (Nicole B. Palmerton of Counsel), for Defendant-Appellant.
Kevin A. Ricotta, Buffalo (Mitchell M. Stenger of Counsel), for Plaintiffs-Respondents.
Before: Present: Pigott, Jr., P.J., Green, Pine, Wisner, and Gorski, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs for reasons stated in decision at Supreme Court, Niagara County, Boniello, III, J.