| Fischer v Michael's Banquet Facility, Inc. |
| 2018 NY Slip Op 04227 [162 AD3d 1585] |
| June 8, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Christopher Fischer et al., on Behalf of Themselves and All
Other Employees Similarly Situated, Appellants, v Michael's Banquet Facility, Inc., Defendant, and Joseph Gargano et al., Respondents. |
Thomas & Solomon LLP, Rochester (Jessica L. Lukasiewicz of counsel), for plaintiffs-appellants.
Gross Shuman P.C., Buffalo (Kevin R. Lelonek of counsel), for respondents.
Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, Jr., J.), entered January 9, 2017. The order denied the motion of plaintiffs for leave to amend the complaint to add Joseph Gargano and Joseph A. Gargano as defendants.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (59 Misc 3d 1232[A], 2016 NY Slip Op 51914[U]). Present—Centra, J.P., Peradotto, Lindley and DeJoseph, JJ.