Rizzo v National Vacuum Corp. (2016 NY Slip Op 07546)

Rizzo v National Vacuum Corp.

2016 NY Slip Op 07546 [144 AD3d 1603]

November 10, 2016

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 4, 2017

[*1]

Julianne Rizzo, Individually and on Behalf of National Vacuum Corp., et al., Appellants,
v
National Vacuum Corp. et al., Respondents, et al., Defendants.

Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (David Hakan Elibol of counsel), for plaintiffs-appellants.

Duke, Holzman, Photiadis & Gresens LLP, Buffalo (Steven W. Klutkowski of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Niagara County (Mark A. Montour, J.), entered March 26, 2015. The order granted the motion of defendant National Vacuum Corp., for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Carni, Lindley, Curran and Scudder, JJ.