Kasowitz, Benson, Torres & Friedman, LLP v Duane Reade
2013 NY Slip Op 01997 [20 NY3d 1082]
March 26, 2013
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


[*1]
Kasowitz, Benson, Torres & Friedman, LLP, Appellant,
v
Duane Reade et al., Respondents.

Decided March 26, 2013

Kasowitz, Benson, Torres & Friedman, LLP v Duane Reade, 98 AD3d 403, affirmed.

APPEARANCES OF COUNSEL

Kasowitz, Benson, Torres & Friedman, LLP, New York City (Aaron H. Marks of counsel), for appellant.

McKenna Long & Aldridge, LLP, New York City (Charles E. Dorkey, III, of counsel), for respondents.

{**20 NY3d at 1083} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The courts below did not err as a matter of law in dismissing the complaint (see Innophos, Inc. v Rhodia, S.A., 10 NY3d 25, 30 [2008]).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera.