Aleksandrowicz v. Cantella & Co.

— Appeal and cross appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J), entered March 12, 2009. The order denied the motion of defendant Cantella & Company, Inc. to dismiss the amended complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: We conclude with respect to the appeal by defendant Cantella & Company, Inc. (Cantella) that Supreme Court properly denied its motion to dismiss the amended complaint pursuant to CPLR 3211 (a) (7). As the court properly held, the failure of Cantella to include a copy of the…