Canestaro v Raymour & Flanigan Furniture Co.

Canestaro v Raymour & Flanigan Furniture Co. 2015 NY Slip Op 03721 Decided on May 1, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 1, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, SCONIERS, AND VALENTINO, JJ.
604 CA 14-01396

[*1]CHRISTOPHER CANESTARO AND SUSAN YENSAN, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,

v

RAYMOUR AND FLANIGAN FURNITURE COMPANY AND RAYMOURS FURNITURE COMPANY, INC., 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.

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.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: May 1, 2015

Frances E. Cafarell

Clerk of the Court