Appellate Division of the Supreme Court of the State of New York March 18, 2005 (Pizzimenti v. Henn)

Appeal from a judgment (denominated order and judgment) *1071of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J., for Amy J. Fricano, J.), entered January 20, 2004. The judgment granted the motion of defendants Tops Markets, Inc., doing business as Wilson Farms, Nathan Benderson, Ronald Benderson and David H.