| Ginther v Verschage |
| 2004 NY Slip Op 00843 [4 AD3d 837] |
| February 11, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| George E. Ginther, Individually and on Behalf of John C. Ginther, Appellant, v Julie L. Verschage et al., Respondents. |
—Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered August 22, 2002. The order, inter alia, granted the motion of defendant Health and Wellness Referral Services, Inc. to dismiss the complaint in an action for breach of contract and negligence.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Pigott, Jr., P.J., Wisner, Hurlbutt, Scudder and Kehoe, JJ.