| Herbert v Eastern Warehouse, Inc. |
| 2014 NY Slip Op 04373 [118 AD3d 1360] |
| June 13, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Steven Herbert, Respondent, v Eastern Warehouse, Inc., et al., Appellants. |
Goldberg Segalla LLP, Buffalo (Kathleen J. Martin of counsel), for defendants-appellants.
Michael D. Calarco, Newark (Jessica L. Bryant of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered November 28, 2012. The order, among other things, denied the motion of defendants to dismiss the 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, Carni, Lindley and Whalen, JJ.