Shatkin v. Drescher (24 A.D.3d 1293, 2005)

Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered December 2, 2004. The order, insofar as appealed from, granted the motion of defendant Scott Pastor for summary judgment dismissing the amended complaint against him.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Shatkin v Drescher (24 AD3d 1292 [2005]). Present—Scudder, J.P., Kehoe, Martoche, Smith and Pine, JJ.