FS Kids, LLC v Compensation Risk Mgrs., LLC
2011 NY Slip Op 02196 [82 AD3d 1630]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


FS Kids, LLC, Doing Business as Budwey's Food Market, et al., on Behalf of Themselves and All Others Similarly Situated as Former Employee Members/Participants in the Wholesale and Retail Workers' Compensation Trust of New York, Respondents,
v
Compensation Risk Managers, LLC, Appellant. (Appeal No. 2.)

—[*1] Hitchcock & Cummings, LLP, New York City (Christopher B. Hitchcock of counsel) and Connors & Vilardo, LLP, Buffalo, for defendant-appellant.

Phillips Lytle LLP, Buffalo (Kenneth A. Manning of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered April 14, 2010 in a breach of contract action. The order, among other things, denied in part defendant's motion to dismiss plaintiffs' second amended 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., Fahey, Carni, Green and Gorski, JJ.