Canestaro v Raymour & Flanigan Furniture Co.
2015 NY Slip Op 03721 [128 AD3d 1421]
May 1, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 1, 2015


[*1]
 Christopher Canestaro et al., Individually and on Behalf of All Others Similarly Situated, Appellants,
v
Raymour and Flanigan Furniture Company et al., Respondents.

Hodgson Russ LLP, Buffalo (Benjamin Zuffranieri, Jr., of counsel) and Webster Szanyi LLP, for plaintiffs-appellants.

Hahn & Hessen LLP, New York City (John P. Amato of counsel) and Bond Schoeneck & King, PLLC, Buffalo, for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 4, 2014. The order granted 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., Centra, Peradotto, Sconiers and Valentino, JJ.