1093 Group, LLC v Time Warner Cable, Inc.
2010 NY Slip Op 02278 [71 AD3d 1471]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


1093 Group, LLC, Appellant, v Time Warner Cable, Inc., Respondent.

—[*1] Mosey Persico, LLP, Buffalo (Shannon M. Heneghan of counsel), for plaintiff-appellant. Colucci & Gallaher, P.C., Buffalo (Carolyn E. Kirchberger of counsel), for defendant-respondent.

Appeal from an order of the Erie County Court (Shirley Troutman, J.), entered December 12, 2008. The order granted the motion of defendant to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ.