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Chester Danner and Rita Danner, Plaintiffs-Appellants v. Myron Kowal

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


March 22, 2013

CHESTER DANNER AND RITA DANNER, PLAINTIFFS-APPELLANTS,
v.
MYRON KOWAL, MYRON KOWAL, DOING BUSINESS AS MYRON'S EXPRESSIONS IN CUISINE, AND MYRON KOWAL,
DOING BUSINESS AS MYRON'S EXPRESSIONS, DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered March 16, 2012.

Danner v Kowal

Released on March 22, 2013

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, SCONIERS, VALENTINO, AND MARTOCHE, JJ.

The order denied the motion of plaintiffs for a default judgment, granted the motion of defendants to dismiss the complaint and denied the motion of plaintiffs for an extension of time to serve defendants.

LAW OFFICE OF ROBERT H. PERK, BUFFALO (MARIE LUKASIEWICZ OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. BARTH SULLIVAN BEHR, BUFFALO (LAURENCE D. BEHR OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

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 22, 2013 Frances E. Cafarell Clerk of the Court

20130322

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