Rundle-Krzyzaniak v Bain
2014 NY Slip Op 01884 [115 AD3d 1218]
March 21, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 30, 2014


Robin E. Rundle-Krzyzaniak et al., Appellants, v Justin A. Bain, Respondent.

[*1] Stasia Zoladz Vogel, Derby, for plaintiffs-appellants.

Law Office of Daniel R. Archilla, Buffalo (Lauren M. Yannuzzi of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered October 29, 2012. The order granted defendant's motion to dismiss plaintiffs' 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, Peradotto, Lindley and Whalen, JJ.