March 25, 2011
FS KIDS, LLC, DOING BUSINESS AS BUDWEY'S FOOD MARKET, MASK FOODS, INC., VALU HOME
CENTERS, INC., KBLM FOODS, INC., DOING BUSINESS AS BLASDELL JUBILEE, KDJB FOODS, INC.,
DOING BUSINESS AS SAVE-A-LOT LACKAWANNA, GAIGE & SON GROCERY, INC., DOING BUSINESS
AS CORNING JUBILEE, TJ'S MARKET, INC., DOING BUSINESS AS HORSEHEADS JUBILEE, BB & T
SUPERMARKETS INC., DOING BUSINESS AS ATTICA JUBILEE, BNR-LARSON, LLC, DOING BUSINESS
AS CORFU IGA, AND GIFT EXPRESS OF NEW YORK, INC., DOING BUSINESS AS THE MARKET IN THE
SQUARE, ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED AS THEY,
AS FORMER EMPLOYEE MEMBERS/PARTICIPANTS IN THE WHOLESALE AND RETAIL WORKERS' COMPENSATION
TRUST OF NEW YORK, PLAINTIFFS-RESPONDENTS-APPELLANTS,
COMPENSATION RISK MANAGERS, LLC, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 1.)
Appeal and cross appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered August 4, 2009 in a breach of contract action. The order, among other things, granted in part defendant's motion to dismiss plaintiffs' supplemental and amended complaint.
Fs Kids, LLC v Compensation Risk Mgrs., LLC
Decided on March 25, 2011
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.
PRESENT: SCUDDER, P.J., FAHEY, CARNI, GREEN, AND GORSKI, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs as moot (see Baker v 16 Sutton Place Apt. Corp., 2 AD3d 119, 120) and the cross appeal is dismissed without costs as abandoned (see Restey v Higgins, 252 AD2d 954).
Patricia L. Morgan Clerk of the Court
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