Home/Appellate Division of the Supreme Court of New York/HERBERT, STEVEN v. EASTERN WAREHOUSE, INC.

HERBERT, STEVEN v. EASTERN WAREHOUSE, INC.

Appellate Division of the Supreme Court of the State of New York·Decided June 13, 2014·No. CA 13-01526·Published

Opinion

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

716 CA 13-01526 PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND WHALEN, JJ.

STEVEN HERBERT, PLAINTIFF-RESPONDENT,

V ORDER

EASTERN WAREHOUSE, INC. AND JOHN CARROLL, INDIVIDUALLY AND AS PRESIDENT OF EASTERN WAREHOUSE, INC., DEFENDANTS-APPELLANTS.

GOLDBERG SEGALLA LLP, BUFFALO (KATHLEEN J. MARTIN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

MICHAEL D. CALARCO, NEWARK (JESSICA L. BRYANT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered November 28, 2012. The order, among other things, denied the motion of defendants to dismiss the complaint.

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: June 13, 2014 Frances E. Cafarell Clerk of the Court

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HERBERT, STEVEN v. EASTERN WAREHOUSE, INC., (N.Y. Ct. App. 2014).

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