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EXIT 52 E. TRUCK STOP, INC. v. JOE LEGNO'S RIVERSIDE SERVICE, INC.

276 CA 22-00687.

217 A.D.3d 1508 (2023)

190 N.Y.S.3d 545

2023 NY Slip Op 03590

Exit 52 E. Truck Stop, Inc., et al., Appellants, v. Joe Legno's Riverside Service, Inc., et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 30, 2023.

Attorney(s) appearing for the Case

MICHAEL P.J. McGORRY, BUFFALO, MAGAVERN MAGAVERN GRIMM LLP (EDWARD J. MARKARIAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

VAHEY LAW OFFICES, PLLC, ROCHESTER (JARED K. COOK of counsel), FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Lindley, Curran, Ogden and Greenwood, JJ.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 7, 2022. The order granted the motion of defendants to dismiss the amended complaint and dismissed the amended complaint.

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

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