Whitmore v Federated Retail Holding, Inc. (2011 NY Slip Op 00908)

Whitmore v Federated Retail Holding, Inc.

2011 NY Slip Op 00908 [81 AD3d 1323]

February 10, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, March 30, 2011

Marlene Whitmore et al., Appellants, v Federated Retail Holding, Inc., et al., Respondents.

—[*1] Trevett Cristo Salzer & Andolina P.C., Rochester (Eric M. Dolan of counsel), for plaintiffs-appellants.

Bouvier Partnership, LLP, Buffalo (Kenneth A. Patricia of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 21, 2009. The order granted the motion of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Centra, Carni, Sconiers and Gorski, JJ.