| Ladiana v Erm-northeast, Inc. |
| 2004 NY Slip Op 09832 [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: PIGOTT, JR., P.J., PINE, KEHOE, GORSKI, AND MARTOCHE, JJ.
1515 CA 04-01442
[*1]MARCIA E. LADIANA AND TERRENCE ROBINSON, PLAINTIFFS-RESPONDENTS, ORDER
v
ERM-NORTHEAST, INC., DEFENDANT-RESPONDENT, AND METCALF & EDDY, INC., DEFENDANT-APPELLANT. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered November 28, 2003. The order denied the motion of defendant Metcalf & Eddy, Inc. to dismiss the complaint against it for failure to prosecute.
SUGARMAN LAW FIRM, LLP, BUFFALO (TIMOTHY J. PERRY OF COUNSEL), FOR DEFENDANT-APPELLANT.
RICHARD G. BERGER, BUFFALO, FOR PLAINTIFFS-RESPONDENTS.
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