Ahlers v Ecovation, Inc.
2014 NY Slip Op 01930 [115 AD3d 1248]
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


David M. Ahlers et al., Appellants, v Ecovation, Inc., et al., Respondents.

—[*1] Dentons Us LLP, New York City (Jonathan D. Forstot of counsel) and Woods Oviatt Gilman LLP, Rochester, for plaintiffs-appellants.

Dorsey & Whitney LLP, Minneapolis, Minnesota (David Y. Trevor, of the Minnesota Bar, admitted pro hac vice, of counsel), Leclair Korona Giordano Cole LLP, Rochester, Hodgson Russ LLP, Buffalo, the Wolford Law Firm LLP, Rochester and Pepper Hamilton LLP, Philadelphia, Pennsylvania, for defendants-respondents.

Appeal from an order of the Supreme Court, Ontario County (Matthew A. Rosenbaum, J.), entered May 23, 2013. The order, among other things, granted defendants' cross motions for partial summary judgment and dismissed plaintiffs' fifth cause of action.

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—Smith, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.