| Ladiana v Erm-northeast, Inc. |
| 2004 NY Slip Op 09833 [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.
1516 CA 04-01679
[*1]MARCIA E. LADIANA AND TERRENCE ROBINSON, PLAINTIFFS-RESPONDENTS, ORDER
v
ERM-NORTHEAST, INC., DEFENDANT-APPELLANT. (ACTION NO. 1.) ——————————————————————— MARCIA E. LADIANA AND TERRENCE ROBINSON, PLAINTIFFS-RESPONDENTS, ERM-NORTHEAST, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANT. (ACTION NO. 2.) (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered November 7, 2003. The order granted the motions of defendant ERM-Northeast, Inc. to dismiss the complaint in action No. 1 and the complaint in action No. 2 against it unless plaintiffs complied with certain discovery requirements on or before December 1, 2003.
GOLDBERG SEGALLA LLP, BUFFALO (CHERYL A. POSSENTI 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