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Fs Kids, LLC v. Compensation Risk Managers

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


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,
v.
COMPENSATION RISK MANAGERS, LLC,
DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered April 14, 2010 in a breach of contract action. The order, among other things, denied in part defendant's motion to dismiss plaintiffs' second amended complaint.

Fs Kids, LLC v Compensation Risk Mgrs., LLC

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 March 25, 2011

PRESENT: SCUDDER, P.J., FAHEY, CARNI, GREEN, AND GORSKI, JJ.

(APPEAL NO. 2.)

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: March 25, 2011

Patricia L. Morgan Clerk of the Court

20110325

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