Michael A. Gaglio v Vivacqua & Co.

Gaglio v Vivacqua & Co. 2003 NY Slip Op 18627 [1 AD3d 954] November 21, 2003 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 28, 2004

Michael A. Gaglio, D.D.S., Appellant,
v
Vivacqua & Co., Inc., Respondent, et al., Defendant.

— Appeal from an order of Supreme Court, Erie County (Sedita, Jr., J.), entered September 20, 2002, which granted the motion of defendant Vivacqua & Co., Inc. for summary judgment and dismissed the complaint against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in decision at Supreme Court, Erie County, Sedita, Jr., J. Present—Pigott, Jr., P.J., Pine, Scudder, Gorski and Lawton, JJ.