| Capretto v Pbs Consultants, Inc. |
| 2004 NY Slip Op 09805 [13 AD3d 1236] |
| Decided on December 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND MARTOCHE, JJ.
1406 CA 04-00008
[*1]DAVID A. CAPRETTO, PLAINTIFF-APPELLANT, ORDER
v
PBS CONSULTANTS, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANT.
Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered July 16, 2003. The order granted the motion of defendant PBS Consultants, Inc. to dismiss the complaint against it.
SANDERS & SANDERS, AMHERST (HARVEY P. SANDERS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
HURWITZ & FINE, P.C., BUFFALO (SCOTT C. BILLMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court