Appellate Division of the Supreme Court of the State of New York February 11, 2004 (Ginther v. Verschage)

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered August 22, 2002. The order, inter alia, granted the motion of defendant Health and Wellness Referral Services, Inc. to dismiss the complaint in an action for breach of contract and negligence.