Pacer's Bar & Grill, Inc. v. Weinson's Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered August 21, 2006. The order, among other things, granted defendant’s motion to dismiss the amended complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We affirm for reasons stated at Supreme Court. We add only that, contrary to plaintiffs’ contention, the court properly granted that part of defendant’s motion seeking dismissal of the amended complaint on behalf of plaintiff Pacer’s Bar & Grill, Inc. (Pacer’s). Pacer’s is…
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