Trathen v Akzo Nobel Salt, Inc., 2024 NY Slip Op 05692 [232 AD3d 1263]

November 15, 2024

Appellate Division, Fourth Department

[*1]

Thomas Trathen, as Managing Partner of Trathen Land Co., LLC, et al., Appellants,

v

Akzo Nobel Salt, Inc., Defendant, and American Rock Salt Company LLC, Respondent.

Lippes & Lippes, Buffalo (Richard J. Lippes of counsel), for plaintiffs-appellants Harris Beach PLLC, Pittsford (Brian D. Ginsberg of counsel), for defendant-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Livingston County (J. Scott Odorisi, J.), entered January 4, 2023. The order and judgment, among other things, granted the motion of defendant American Rock Salt Company LLC to dismiss plaintiffs’ complaint against it.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Whalen, P.J., Lindley, Ogden, DelConte and Keane, JJ..