| Rupp v Burger |
| 2015 NY Slip Op 02303 [126 AD3d 1369] |
| March 20, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jason Rupp, Appellant, v Jeremy Burger, Respondent. |
Kenney Shelton Liptak Nowak LLP, Buffalo (Shari Jo Reich of counsel), for plaintiff-appellant.
HoganWillig, PLLC, Amherst (Geffrey Gismondi of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered March 28, 2014. The order, insofar as appealed from, granted the motion of defendant 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., Centra, Peradotto, Lindley and Whalen, JJ.