| Heary Bros. Lightning Protection Co., Inc. v Intertek Testing Servs., N.A., Inc. |
| 2004 NY Slip Op 05900 [9 AD3d 874] |
| July 9, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Heary Bros. Lightning Protection Co., Inc., et al., Appellants, v Intertek Testing Services, N.A., Inc., Formerly Known as ETL Testing Laboratories, Inc., and Others, Respondent. (Appeal No. 2.) |
—[*1]Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered March 26, 2003. The order granted defendant's motion for a directed verdict dismissing the cause of action for violation of General Business Law § 340.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Pigott, Jr., P.J., Green, Scudder, Kehoe and Hayes, JJ.