Appellate Division of the Supreme Court of the State of New York June 13, 2003 (Cronce v. Steuben Foods, Inc.)

—Appeal from an order of Supreme Court, Erie County (Makowski, J.), entered May 2, 2002, which denied defendant’s motion seeking dismissal of the amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the amended complaint is dismissed.