Danner v Kowal
2013 NY Slip Op 01973 [104 AD3d 1321]
March 22, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


Chester Danner et al., Appellants, v Myron Kowal et al., Respondents.

—[*1] Law Office of Robert H. Perk, Buffalo (Marie Lukasiewicz of counsel), for plaintiffs-appellants.

Barth Sullivan Behr, Buffalo (Laurence D. Behr of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered March 16, 2012. The order denied the motion of plaintiffs for a default judgment, granted the motion of defendants to dismiss the complaint and denied the motion of plaintiffs for an extension of time to serve defendants.

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, Sconiers, Valentino and Martoche, JJ.