Rivera v 3M20 (2007 NY Slip Op 02294)

Rivera v 3M20

2007 NY Slip Op 02294 [38 AD3d 1297]

March 16, 2007

Appellate Division, Fourth Department

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

As corrected through Wednesday, May 9, 2007

Aida Rivera et al., as Guardians of J.R., Jr., Appellants, v 3M20, Doing Business as The Strand Music Theater, Respondent.

—[*1] Charles L. Davis, Buffalo, for plaintiffs-appellants.

Swartz Law Firm, P.C., Watertown (Eric T. Swartz of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Jefferson County (Peter A. Schwerzmann, A.J.), entered February 11, 2005. The order, upon a nonjury trial, dismissed the complaint and awarded judgment to defendant for costs and disbursements.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs (see Aminov v East 50th St. Rest. Corp., 232 AD2d 592 [1996], lv denied 89 NY2d 815 [1997]). Present—Scudder, P.J., Smith, Centra, Fahey and Pine, JJ.