
    [987 NE2d 631, 965 NYS2d 71]
    Kasowitz, Benson, Torres & Friedman, LLP, Appellant, v Duane Reade et al., Respondents.
    Decided March 26, 2013
    
      APPEARANCES OF COUNSEL
    
      Kasowitz, Benson, Torres & Friedman, LLP, New York City (Aaron H. Marks of counsel), for appellant.
    
      McKenna Long & Aldridge, LLP, New York City (Charles E. Dorkey, III, of counsel), for respondents.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. The courts below did not err as a matter of law in dismissing the complaint (see Innophos, Inc. v Rhodia, S.A., 10 NY3d 25, 30 [2008]).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera.  