Majority
p. 874Heary Bros. Lightning Protection Co., Inc., et al., Appellants, v Intertek Testing Services, N.A., Inc., Formerly Known as ETL Testing Laboratories, Inc., and Others, Respondent. (Appeal No. 2.) [779 NYS2d 799]
Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered March 26, 2003. The order granted defendant’s motion for a directed verdict dismissing the cause of action for violation of General Business Law § 340.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Pigott, Jr., PJ., Green, Scudder, Kehoe and Hayes, JJ.