Cohen v Allied Fire Protection Sys., Inc.
2007 NY Slip Op 03379 [39 AD3d 1155]
April 20, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


Steven M. Cohen, Esq., et al., Respondents, v Allied Fire Protection Systems, Inc., et al., Appellants. (Appeal No. 2.)

—[*1] Sellstrom Law Firm, LLP, Jamestown (Stephen E. Sellstrom of counsel), for defendants-appellants.

Harris Beach PLLC, Buffalo (Andrew O. Miller of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 25, 2006. The order denied defendants' motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and dismissing the first cause of action and as modified the order is affirmed without costs.

Same memorandum as in Cohen v Allied Fire Protection Sys., Inc. (39 AD3d 1154 [2007]). Present—Gorski, J.P., Centra, Lunn, Peradotto and Pine, JJ.