Raichle Banning Weiss, PLLC v Superior Jamestown Corp., Inc. (2006 NY Slip Op 03277)

Raichle Banning Weiss, PLLC v Superior Jamestown Corp., Inc.

2006 NY Slip Op 03277 [28 AD3d 1168]

April 28, 2006

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 21, 2006

Raichle Banning Weiss, PLLC, Appellant, v Superior Jamestown Corporation, Inc., et al., Respondents. (Appeal No. 1.)

—[*1]Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 1, 2005. The order granted defendants' motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs. Present—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.