Rudzinski v Rhoads
2008 NY Slip Op 08943 [56 AD3d 1243]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Tracy Rudzinski et al., Respondents, v John Rhoads, DDS, Appellant.

—[*1] Anspach Meeks Ellenberger LLP, Buffalo (David M. Stillwell of counsel), for defendant-appellant.

Cantor, Lukasik, Dolce & Panepinto, P.C., Buffalo (Stephen C. Halpern of counsel), for plaintiffs-respondents.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered August 14, 2007. The judgment, among other things, found in favor of plaintiffs and against defendant and awarded plaintiffs money damages after a nonjury trial.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.P., Smith, Green, Pine and Gorski, JJ.