Kawski v Johnson & Johnson (2011 NY Slip Op 09392)

Kawski v Johnson & Johnson

2011 NY Slip Op 09392 [90 AD3d 1512]

December 23, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, February 1, 2012

A.M. Kawski, on Behalf of Herself and All Other Employees Similarly Situated, Appellant,
v
Johnson & Johnson et al., Respondents.

—[*1] Thomas & Solomon LLP, Rochester (J. Nelson Thomas of counsel), for plaintiff-appellant.

Patterson Belknap Webb & Tyler LLP, New York City (Ellen M. Martin of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), dated September 9, 2010 in a breach of contract action. The order granted the motion of defendants to dismiss and dismissed the 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., Smith, Green, Gorski and Martoche, JJ.