West v Carousel Food Serv., Inc.
2014 NY Slip Op 04384 [118 AD3d 1365]
June 13, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 30, 2014


[*1]
 Shirley West, as Executrix of William H. West, Deceased, Respondent,
v
Carousel Food Service, Inc., et al., Appellants, et al., Defendants.

David W. Polak Attorney at Law, P.C., West Seneca (David W. Polak of counsel), for defendants-appellants.

Mark R. Uba, Williamsville (Mark Uba of counsel), for plaintiff-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John A. Michalek, J.), entered March 14, 2013. The order and judgment, among other things, granted plaintiff's motion for partial summary judgment.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Centra, Carni, Whalen and DeJoseph, JJ.