Local No. 4, Intl. Assn. of Heat & Frost & Asbestos Workers v Buffalo Wholesale Supply Co., Inc.
2008 NY Slip Op 02363 [49 AD3d 1278]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Local No. 4, International Association of Heat and Frost and Asbestos Workers, et al., Respondents, v Buffalo Wholesale Supply Co., Inc., Doing Business as Niagara Insulation, et al., Defendants, and Canfield Funding, LLC, Doing Business as Millennium Funding, Appellant. (Appeal No. 2.)

—[*1] Magavern, Magavern & Grimm, L.L.P., Buffalo (Aven Rennie of counsel), for defendant-appellant.

David B. Herrmann, Jr., Buffalo, for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered December 12, 2006. The order, among other things, denied the motion of defendant Canfield Funding, LLC, doing business as Millennium Funding, to dismiss the second amended complaint against it.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Local No. 4, Intl. Assn. of Heat & Frost & Asbestos Workers v Buffalo Wholesale Supply Co., Inc. (49 AD3d 1276 [2008]). Present—Scudder, P.J., Martoche, Green and Gorski, JJ.